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Mailing old files, part 2

Stephanie Miller at ReturnPath offers suggestions on how marketers can break the rules, mail old lists and reap the rewards.

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Confirmed unsubscribe

Whatever one might think about confirming opt-ins I think we can all agree that requiring someone to jump through hoops and confirm an unsubscription request will just annoy that person.
Today I attempt to opt-out from a discussion list. It’s one I *thought* I had opted out of previously, but I could find no record of the request anywhere. OK. So I imagined unsubscribing, I’ll just unsub again and keep better records.
After digging through the headers, I find the unsub link and dutifully mail off my unsubscribe request. I then receive an email that requires I click on a link to confirm my unsub request. This causes me to grumble a bit. I have heard all the arguments about forged unsub requests and the various reasons this is good practice. I believe none of them. Requiring people to confirm an unsubscription request is bad practice.
In this case, the mailing list is a discussion list so there is no CAN SPAM violation. However, I know that some commercial mailing lists have also implemented confirm your opt-out request. For commercial mailing lists, this is a CAN SPAM violation. It’s also just plain rude. If someone says, “Stop!” then you should stop, no questions asked

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Old lists have bad delivery

This is something we all know is true, and something that everyone believes. But, Mailchimp has actually published numbers demonstrating just how bad old lists are.

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Yahoo delays

People are reporting delivery delays into Yahoo over the last day or so. Yahoo is having some general connectivity problems and are working to correct the issue.

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AOL Report Card Changes

Changes to the AOL report card were announced today on the AOL Postmaster blog.

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TWSD: breaking the law

I tell my clients that they should comply with CAN SPAM (physical postal address and unsubscribe option) even if the mail they are sending is technically exempt. The bar for legality is so low, there is no reason not to.
Sure, there is a lot of spam out there that does not comply with CAN SPAM. Everything you see from botnets and proxies is in violation, although many of those mails do actually meet the postal address and unsubscribe requirements.
One of my spams recently caught my eye today with their disclaimer on the bottom: “This email message is CAN SPAM ACT of 2003 Compliant.” The really funny bit is that it does not actually comply with the law. Even better, the address it was sent to is not published anywhere, so the company could also be nailed for a dictionary attack and face enhanced penalties.
It reminds me of the old spams that claimed they complied with S.1618.

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TWSD!

One important aspect of getting good delivery is to look like legitimate email. A big part of that is to not do what spammers do. More specifically, do not do the things that ISPs trigger on when identifying spammers.
There are a lot of these “tricks” and “delivery techniques” used by spammers. They may seem like tiny things, but these are things that any legitimate mailer will want to avoid doing in order to get the best delivery you can.
When I notice an otherwise legitimate mailer doing something “that spammers do” or a spammer doing something that makes me think “don’t do that” I’ll talk about it here.
Keep an eye open for posts tagged “TWSD” (that’s what spammers do!).

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Excite (BlueTie) FBL live

ReturnPath announced today that the BlueTie FBL is live. You can signup for the new FBL at http://feedback.bluetie.com/.

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Just Leave Me Alone Already

I tend to avoid online sites that require you to register and provide information including email addresses. In my experiences companies cannot resist sending email and my email load is extremely heavy and I want less email, not more. Sometimes, though, what I need to do requires an online registration and giving an email address to a company I would really prefer not to have it.
Recently, I had to register online with AT&T Wireless. My iPhone was getting repeated text spams and I wanted it to stop. The only way to do this is register online. Registering online required giving them an email address.
The text spam has stopped, but they have been sending me almost daily emails since then. Each email has an opt-out, and I have availed myself of every opportunity to opt-out. Each opt-out link takes me to a different site, a different page, a different process.
In two of the cases, AT&T seems to be violating the new CAN SPAM provisions. For one, I had to tell them what I wanted to opt-out of (email or phone) and then was taken to a page where I had to input my cell number, my email address and request to be removed. In another case,  I was forced to login to my online wireless account and then was able to change preferences. In only one of the 3 opt-outs I have requested, was the opt-out form actually a single click, just requiring my email address.
I am wondering just how many mailing lists AT&T added my address to and how often they will continue sending me mail after their 10 days are up. It is this level of frustration, that mail just keeps coming and coming and coming even after the recipient has repeatedly attempted to opt-out, that causes people to hit the “this is spam” button on mail that the sender thinks is opt-in.
But, really, AT&T, please stop sending me mail that I never asked for, and that I have repeatedly asked you to stop sending me by jumping through your hoops. Oh, and you may consider sharing the opt-out data with all the same internal groups that you shared my email address with initially.

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Feedback loops: net benefit or net harm?

There has been a very long, ongoing discussion on one of my mailing lists about whether or not feedback loops are a net good or a net harm. I believe, overall, they are a net good, but there are people who believe they are not. The biggest objection is that the lawyer mandated redaction of the To: address combined with the fact that some users use the “this is spam” button to delete unwanted email, makes it difficult for some FBL recipients to sort out the real issues from the cruft.
Redaction can be a problem for some senders, particularly for the small mailing list hosted as a hobby or contribution to the community. In order to effectively deal with FBL emails, a sender needs to have tools on the email sending side and on the FBL receiving side. This is often more overhead than the volunteer list maintainer wants to handle. Unfortunately, these senders are a minority and therefore their issues are often not addressed by the ISPs.
Some of the objections and complaints about “broken” or “useless” FBLs come from people who do not really have any history for the FBLs, where they are, what they were designed for and who their target audience is. A bit of history may help explain why things are how they are.
The First FBL
The “this is spam” button evolved from the “notify AOL” button. This button was a way email recipients could notify AOL staff about any number of problems, including threats, viruses and other unwanted emails. As time went on, this was changed to “this is spam” to encourage users to report more spam so the AOL would have the data to make delivery decisions. Eventually, AOL made the decision to share that data with some senders and ISPs. The lawyers made the decision to redact the “To:” address, but not make any other changes to the message because they believe they should not be sharing subscriber email addresses with third parties. As some people correctly point out, the lawyers are not interested in hearing from non lawyers about changing this. It is possible that another lawyer may be able to put together a position paper and convince them this stance is overly cautious. I am pretty sure, though, that no one without a legal degree will be given any audience from them.
Given the success of the AOL FBL and the demand from both ESPs and ISPs for FBLs, other ISPs started offering FBLs as well. Many of them also redacted the To: address, either just following AOL’s lead or under advice of their own counsel.
That means, as senders, we are in a situation where we really cannot make the ISPs change what they’re doing. We can either adapt our own mailing practices to cope with them or we can forego the data provided by the FBL. One of the challenges in choosing to shun the whitelist at AOL that in order to qualify for whitelisting, you have to accept a FBL. For ISPs, who want to whitelist their outgoing MTAs, but have customers sending mail, maybe running small mailing lists, or who are forwarding mail to their ISP account, this can be a problem. However, any ISP needs some sort of abuse desk automation, and this automation should be able to handle FBLs. This can also be a problem for small ESPs or companies doing in-house email marketing. They buy something off the shelf to handle mail (or install mailman) that does not do VERP or otherwise enter the specific address in the email. When faced with a redacted email they cannot do anything with the complaint.
What does the FBL email tell the FBL recipient?
This really depends on what role the FBL recipient plays in the mail transport system. Bandwidth and network service providers use the FBL as an aggregate tool. They really only deal with FBL complaints if there is a change in complaint volume about an IP, they don’t treat each complaint as a valuable source of information. Typically what happens is that an ISP abuse desk notices a spike in complaints. After investigation, they may discover that a customer machine is compromised. They then notify the customer, the customer patches or disconnects the machine and the problem is fixed.
ESPs tend treat the FBL as an unsubscribe mechanism as well as a way to monitor customers. A few FBL complaints are not necessarily a sign that the sender is spamming, but once a threshold is reached the ESP delivery / abuse team addresses the issue. Spammers can get FBLs and often use them as a way to clean lists of complainants. Some really dirty spammers even suppress those complainants from all their lists.
Is a FBL useful?
This is really something that someone else cannot tell you. Some companies find FBLs to be extremely useful, even after they have had to make investments in software (either off the shelf or custom) to send mail that will survive the FBL redaction process and to handle the actual FBL email. Some companies find the FBLs to be more trouble than they are worth. The question, however, is really one only the sender can answer.
Overall, I think FBLs are more helpful than they are harmful. They do require investment on both sides of the transaction, but does encourage senders and receivers to cooperate with one another.

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