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CAN SPAM Plaintiff ordered to pay 800K in lawyer fees

Asis Internet service has been ordered to pay over $800,000 in lawyer fees to Optin Global. Venkat has details. This is the same company that was recently awarded $2.5M judgment in a different case.

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The importance of data hygiene

Over the weekend, one of the major ISPs purged a lot of abandoned accounts from their system. This has resulted in a massive increase in 550 user unknown bounces at that ISP. This ISP is one of those that uses bounces to feed into their reputation system and the purge may cause otherwise good senders to be blocked temporarily.
Talking to clients and other industry folks, it looks like the addresses that have newly bounced off had zero activity for at least 6 months. Nothing. Nada. No clicks. No opens. No interaction.
This is why data hygiene is so critical. Just because the emails are being accepted at the ISP, and even showing inbox placement at the mailbox monitoring companies does not mean that there is actually someone reading your email. Failure to look at overall data means that when an ISP bulk deletes abandoned accounts then bounces will increase. While I don’t expect this to have any real, long term effect on sender reputation I do expect that some senders with a lot of cruft on their list will see some short term delivery problems.
Companies that run re-engagement campaigns saw a whole lot less bouncing and even less blocking as a result of the purge. They were removing addresses that were non-responsive all along and thus didn’t have major deadwood on their list.
Ongoing data hygiene shows you what your list really is, not your list plus abandoned accounts. The addresses that the ISP purged? They were not valuable anyway. No one was reading that mail for at least 6 months.
If you did see a spike in bounces this weekend at a major ISP, you should really look at engagement. If some percentage of recipients at one ISP are actually non-existent, then it’s likely that about that same number are non-existent at other major ISPs as well. What are you going to do to identify and remove those dead addresses from your lists?

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Spamtraps

There is a lot of mythology surrounding spamtraps, what they are, what they mean, how they’re used and how they get on lists.
Spamtraps are very simply unused addresses that receive spam. They come from a number of places, but the most common spamtraps can be classified in a few ways.

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Email lost a valuable voice

In very sad news ClickZ announced today that Stefan Pollard, email marketer at Responsys and writer for ClickZ passed away recently. Stefan and I interacted over the years but we never had the opportunity to meet in person. His articles on email and delivery were always on my must read list. While I didn’t agree with everything he wrote, I always appreciated his writing and his point of view.
ClickZ is running an online memorial for Stefan which also links to a scholarship fund for his children run by Responsys.

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Delivery problems are not all spam related

Not every delivery failure is due to poor reputation or spam. Sometimes ISPs just have problems on their mailservers and so mail doesn’t get through. It’s often hard for delivery experts (and their bosses and their customers and their clients) to watch email delays or rejections without being able to do anything about it.
Sometimes, though, there is nothing to do. The rejections are because something broke at the ISP and they have to sort through it. Just this week there’s been a lot of twitter traffic about problems at a major cable company. They are rate limiting senders with very good reputations. They have admitted there is a problem, but they don’t have a fix or an ETA. From what I’ve heard it they’re working with their hardware vendor to fix the problem.
Hardware breaks and backhoes eat fiber. Yes, ISPs should (and all of the large ones do) have backups and redundancies. But those backups and redundancies can’t always handle the firehose worth of mail coming to the ISPs. As a result, the ISPs start rejecting some percentage of mail from everyone. Yahoo even has a specific error message to distinguish between “we’re blocking just you” from “we’re shedding load and temp failing everyone.”

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Public reputation data

IP based reputation is a measure of the quality of the mail coming from a particular IP address. Because of how reputation data is collected and evaluated it is difficult for third parties to provide a reputation score for a particular IP address. The data has to be collected in real time, or as close to real time as possible. Reputation is also very specific to the source of the data. I have seen cases where a client has a high reputation at one ISP and a low reputation at another.
All this means is that there are a limited number of public sources of reputation data. Some ISPs provide ways that senders can check reputation at that ISP. But if a sender wants to check a broader reputation across multiple ISPs where can they go?
There are multiple public sources of data that I use to check reputation of client IP addresses.
Blocklists provide negative reputation data for IP addresses and domain names. There are a wide range of blocklists with differing listing criteria and different levels of trust in the industry. Generally the more widely used a list the more accurate and relevant it is. Generally I check the Spamhaus lists and URIBL/SURBL when investigating a client. I find these lists are good sources for discovering real issues or problems.
For an overall view into the reputation of an IP address, both positive and negative, I check with senderbase.org provided by Ironport and senderscore.org provided by ReturnPath.
All reputation sources have limitations. The primary limitation is they are only as good as their source data, and their source data is kept confidential. Another major limitation is reputation sources are only as good as the reputation of the maintainer. If the maintainer doesn’t behave with integrity then there is no reason for me to trust their data.
I use a number of criteria to evaluate reputation providers.

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Why offer a feedback loop?

Someone asked yesterday

What business advantage is there to an ISP in offering a feedback loop? I’ve never really seen one.

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Gmail rendering problem workaround

Gmail recently changed some of the rendering of emails on their website, breaking a lot of email layouts in the process.
Numerous places have published workarounds including
The Email Guide and Return Path.

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About that spam suit

John Levine has a longer blog post about the Smith vs. Comcast suit. Be sure to read the comment from Terry Zink about the MS related claims.

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The secret to fixing delivery problems

There is a persistent belief among some senders that the technical part of sending email is the most important part of delivery. They think that by tweaking things around the edges, like changing their rate limiting and refining bounce handling, their email will magically end up in the inbox.
This is a gross misunderstanding of the reasons for bulk foldering and blocking by the ISPs. Yes, technical behaviour does count and senders will find it harder to deliver mail if they are doing something grossly wrong. In my experience, though, most technical issues are not sufficient to cause major delivery problems.
On the other hand, senders can do everything technically perfect, from rate limiting to bounce handling to handling feedback loops through authentication and offer wording and still have delivery problems. Why? Sending unwanted mail trumps technical perfection. If no one wants the email mail then there will be delivery problems.
Now, I’ve certainly dealt with clients who had some minor engagement issues and the bulk of their delivery problems were technical in nature. Fix the technical problems and make some adjustments to the email and mail gets to the inbox. But with senders who are sending unwanted email the only way to fix delivery problems is to figure out what recipients want and then send mail meeting those needs.
Persistent delivery problems cannot be fixed by tweaking technical settings.

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