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

Related Posts

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:

Read More

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.

Read More

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.

Read More