Recent Posts

CAN SPAM preemption of CA law

The California court of appeals returned a ruling yesterday in the Hypertouch v. ValueClick case. This is a case I haven’t talked about at all previously, but I think this ruling deserves a mention.
The short version is that Hypertouch sued Valueclick in 2008 under both CAN SPAM and the California anti-spam law. Eventually the judge in the case ruled that there was no clear evidence of fraud, therefore CAN SPAM preempted the California law.
Hypertouch appealed the case.
Yesterday the appeals court published their opinion and kicked the case back down to the lower court.

Customers want to get mail from us!

Many online retailers assume that anyone making a purchase from them is a prime target for email marketing. THEY ARE OUR CUSTOMERS! Of course they want to get mail from us!
Well. Maybe. But not always. Think about the person who shops online during the holidays. I visit a lot of places looking for gifts for other people. These aren’t places I’d normally shop for myself, and are not places that have things I’m interested in. This means I don’t really have, or want, an ongoing relationship with them.
So for those of you that think they’ve found a new customer because I made a purchase this Christmas, I’d just like to say: Not so much. I mean, yeah, you have the perfect gift for my mother this year. Or that appropriately tacky bit of Vette swag for my dad. But, really, I just want to buy the gift and have it shipped. I don’t want an ongoing customer relationship with you. In fact, I really never want to hear from you again.
Some online retailers are polite and treat purchasers with respect. They allow guest checkouts and don’t require tons of personal information and account creation for a purchase. They even let you opt-out of being added to their mailing list at the time of purchase. Other retailers require the full registration process (you need to know my marital status? so I can buy a gift for my dad? what?) and don’t offer an opt-out during the checkout process. Instead, you infer I want your mail and make me opt-out after the fact.
Making a purchase doesn’t constitute permission. Sometimes retailers can get away with it because when I’m making a purchase for me I might be interested in more mail from you. When I’m making a purchase for someone else, though, there is no long term relationship to be developed.
Sure, with the right campaign you may be able to convert one of those purchasers into a returning purchaser. But without a carefully planned and executed conversion campaign you may lose more future customers than you convert.

Fines for not honoring unsubscribes

Virgin Blue has been fined $110,000 by the Australian government for not honoring unsubscribes.

Nothing is forever, even email

Yesterday I talked about how important it was to send welcome messages when you discover old email addresses. Today on the Return Path Blog, Tami Monahan Foreman shares an example email that does just that, but not as well as one might hope.

Conversational foreplay

How do you approach the first contact with a potential customer or prospect? Do you just jump right in and start making your pitch or do you actually take the time to introduce yourself and your company?
Most good sales reps spend a little time socializing with prospects before they launch into the sales process, particularly when they are cold calling the target. This courtesy doesn’t seem to apply when cold emailing a prospect, though.
I can only imagine how Al might have reacted differently if Douglas Karr had sent a personal contact and introduced himself instead of sending out bulk mail. I know for a fact I would have reacted very differently to the email sent to my LinkedIn account address had it been even vaguely personalized and interested in me.
We even have ESPs getting into the sending cold email game. A reasonably well know ESP added me to their mailing list and sent me an advertisement for a free service they’re providing at Marketing Sherpa this year. I was grumbling about spam to a group of friends, one of whom happens to be their delivery guy. He asked for a copy and spent time chasing down how they got the address.
Evidently I sent mail to the privacy manager who left the company over 2 years ago. That puts me in the “prospect” database. Well, OK, maybe. But there are some many better ways to reactivate a prospect than just adding me to their newsletter. Would it really have taken so much work to send me a personal note from the sales person? It doesn’t have to be very long, just introducing the sales person and telling me they’d seen my inquiry about product and asking if they could talk to me about their offerings.
Had this ESP spent a little time to cultivate me, my response would have been totally different. I could have referred customers to them and given them the name of the sales person that was so helpful and respectful of me and my time. That’s not what they did. In a fit of insouciance they just grabbed a 2+ year old email address and added it to their mailing list. They didn’t bother to tell me why or introduce it to me gently.
Seriously, folks, email is about relationships. Adding someone to a mailing list without their knowledge or permission is a really, really bad way to start a relationship. Show a little respect to your prospects. Send welcome messages, even an automated one, before adding just discovered prospect addresses to mailing lists.

Still more spam stats

Mailchannels put together another post looking at spam volumes. Related to that, many people are reporting that bot levels are climbing again.

Changes at Yahoo

Deliverability.com has a blog post from Naeem Kayani at Adknowledge about the recent Yahoo changes. They point to the reputation of the From: address as a factor. I’m not sure anyone knows what exactly Yahoo is doing, but the suggestions from Naeem are good ones.

Some thoughts on permission

A lot of email marketing best practices center around getting permission to send email to recipients. A lot of anti-spammers argue that the issue is consent not content. Both groups seem to agree that permission is important, but more often than not they disagree about what constitutes permission.
For some the only acceptable permission is round trip confirmation, also known as confirmed opt-in or double opt-in.
For others making a purchase constitutes permission to send mail.
For still others checking or unchecking a box on a signup page is sufficient permission.
I don’t think there is a global, over arching, single form of permission. I think context and agreement matters. I think permission is really about both sides of the transaction knowing what the transaction is. Double opt-in, single opt-in, check the box to opt-out area all valid ways to collect permission. Dishonest marketers can, and do, use all of these ways to collect email addresses.
But while dishonest marketers may adhere to all of the letters of the best practice recommendations, they purposely make the wording and explanation of check boxes and what happens when confusing. I do believe some people make the choices deliberately confusing to increase the number of addresses that have opted in. Does everyone? Of course not. But there are certainly marketers who deliberately set out to make their opt-ins as confusing as possible.
This is why I think permission is meaningless without the context of the transaction. What did the address collector tell the recipient would happen with their email address? What did the address giver understand would happen with their email address? Do these two things match? If the two perceptions agree then I am satisfied there is permission. If the expectations don’t match, then I’m not sure there is permission involved.
What are your thoughts on permission?

Amendment is futile.

Late last month, Yahoo filed a motion to dismiss in the Holomaxx v. Yahoo case. There’s nothing that unexpected in the filing. The lawyers set the tone of the entire document with their very first paragraph.

Is your mail being bulk foldered?

Daisy at Signup.to posted a list of 11 things to do when mail is going to the bulk folder. Her suggestions are a good start to troubleshooting and fixing persistent bulk foldering of mail.
One thing she doesn’t mention is that while bulk foldering can sometimes be the result of poor content, more often it’s the result of unengaged recipients. Think of bulk foldering this way: the ISP has some subscribers they’re pretty sure want your mail, so they’re not going to block your mail. But they’re pretty sure a lot of subscribers don’t want your mail so they’re not going to deliver it to the inbox.
The trick to getting mail moved out of the bulk folder is to get more people engaged with your email marketing. This is tough to do if they’re not actively checking their bulk folder for mail but there are some ways I’ve helped clients get mail into the inbox.