FTC Opt out clarification

In early July, the Magilla Marketing newsletter has an article about how email preference centers may now be illegal due to the clarifications published by the FTC. Trevor Hughes of the ESPC is quoted extensively, lamenting about how marketers cannot legally interfere in the unsubscribe process.

The FTC’s opt out clarification “complicates things in that it demands simplicity when simplicity may not be the status quo,” said Hughes. “The two opt-out mechanisms that are permissible [under the law] as we understand it are a reply-based mechanism where you reply to the e-mail and write ‘opt-out’ in the subject line or body of the message, or alternatively, that you click through to a Web page [to opt out]. But it has to be a single Web page.”

Personally, I see no problem with a single web page. As I wrote about last week, forcing recipients to use a preference center to unsubscribe means that people that are not really customers cannot unsubscribe when you start sending them email.
I do not think the FTC rulings mean the end to asking for information, or even the end of offering more choices than just opting out. According to the FTC senders must allow recipients to opt out on the first page, without anything more than the unsubscribe address and the preference. The rules do not say that the marketer cannot link to another page or ask for more information on the unsubscribe page. The rules only say that marketers cannot require more information in order to process the unsubscribe.
Trevor’s complaints seem to me to be nothing more than the lamenting of a marketer that marketers MUST make things difficult for rubes recipients in order to keep recipients on their marketing lists. His statements are extremely recipient unfriendly. Of course, it is his job to advocate for marketers and not consider the experience or desires of recipients.
In the world of non-internet direct marketing, very little consideration has been given to the recipient. Direct marketers live on the mantra that if they send enough to a recipient, eventually the recipient will make a purchase. Sadly, for the poor direct marketers, recipients actually have more power against the marketer online than they do in the real world. Annoying recipients, sending offers they do not want, sending more than they want, all that works against the sender. Smart marketers will learn to adapt. Poor marketers will lament how unfair it all is.

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How not to handle unsubscribes

On the heels of my unsubscribe experience last week where an ESP overreacted and unsubscribed addresses that did not belong to me, I encountered another deeply broken unsubscribe process. This one is the opposite, there is no way to unsubscribe from marketing mail at all. Representatives of PayPal have only been able to suggest that if I do not want their mail, that I block PayPal in my email client.
I had a PayPal account years and years ago. They made some extensive privacy policy changes back in 2003 and when I did not actively agree to the new policies, they closed the account. That account closure seemed to take, I heard nothing from PayPal. In early 2008, I made a purchase at a vendor that only accepted credit cards through PayPal. Normally, I do not do business with vendors who only accept payment through PayPal, but there appeared to be a way to make the payment without establishing a PayPal account, so I went ahead and made the purchase.
The receipt from that purchase came from PayPal, and mentioned that I had an existing PayPal account. I figured that because the address was the same as the 2003 account that the boilerplate did not understand ‘closed accounts’. I brushed off the notice and did not worry about it.
On June 23, I received marketing email from PayPal. The mail offered 10% off my first eBay purchase, if I set up an eBay account using the same address on my PayPal account. Yay. Spam. Oh, well, no big deal, there was an unsub link at the bottom of the email. It is PayPal, they are a legitimate company, they will honor an unsubscribe. It will all be fine.
Or. Not.
Clicking on the unsubscribe link in the email takes me to a webpage that tells me I had to login to my account to unsubscribe. But I do not have an account!
They clearly think I have an account linked to the email address they mailed. I decide to see if I can recover the account and then unsubscribe. I put in the email address they sent the marketing email to, the password I probably would have used had I actually set up this account and hit “submit.” PayPal now asks me to set up 3 questions to use to recover my account in case I forget the login in the future. Uh. What? No. I do not want to set up an account, I want them to stop sending me email. I abandon that webpage.
I then attempt to recover the password to the account. Put in the email address that PayPal is sending email to and hit “forgot password”. PayPal, as expected, sends me an email. Click this magic link to recover your account. PayPal then asks me to input the full number of the credit card associated with the account – the credit card number I do not have. What account? What credit card number? Is this from my 2003 subscription that was closed? Is this from the purchase I made in February? I abandon that webpage.
The recover password email helpfully lists a phone number I can call for assistance so I call. In order to be able to talk to someone I have to enter my phone number. And the credit card number associated with my account. I resorted to randomly pounding on “0” and telling the voice recognition software I wanted help. Eventually, it got so confused it transfered me to a real human.
Tragically, the voicemail system was actually more helpful than the real human on the other end. Distilling down hours of sitting on the phone with them, I am told the following:

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Declan weighs in on the VA law

Declan McCullagh writes today about the VA anti-spam law being overturned by the state supreme court.

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Unsubscribe policies

Our local brewpub has an email list. For various reasons I have multiple addresses on the list and finally decided that getting 4 copies of each mailing was silly. About a week ago, I sent in unsubscribe requests for 3 of the addresses. Today I get another 4 copies of their mailing. That’s not good. Luckily, I know one of the delivery folks at their ESP so I send her an email.
I know unusubscribes can take a few days to process, but it has been seven and CAN SPAM is pretty clear about the 10 day requirement. My first email to their delivery expert is just asking how long unsbs normally take. She responds they take 3 – 4 days. Uh Oh.
I tell her I unsubscribed these 3 addresses (with the unsub links) on 6/10 and received more email this morning. I did tell her that there were multiple subscriptions and they were all legit, but the reasons were really not important. Just that I didn’t want quite so many emails and their unsubscribe process seemed broken.
Now we get to the part where it all goes a wee bit pear shaped. The next email I get back from her explains why I am on so many lists. Fair enough. The more concerning bit is that they have not only gone through their database and unsubscribed all my addresses, but they have also found Steve’s addresses and unsubscribed those too. What the email does not contain is an explanation of why their unsubscribe process broke.
At this point I am a bit annoyed. I did not want all my addresses unsubscribed, just some of them. And the bit about unsubscribing Steve? That’s just silly and unnecessary. Another round of email ensued, pointing out this is bad and please put everything back how it was except please unsubscribe these three addresses I sent originally.
Things are back how they were, although the technical staff is still looking into how their unsubscribe process broke. The initial thought is that during a technology transition they lost some unsubscribe requests.
This whole process has bothered me for a number of reasons. One is the utterly cavalier attitude of the delivery people at the ESP. Their unsubscribe process broke. This is, to my mind, an emergency. ESPs have been fined for broken unsubscribe processes. Two is the process of unsubscribing addresses that belonged to a completely different person. The ESP did explain the policy behind that, sorta.

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