Spam judgment not covered by insurance

Earlier this month a judge ruled that two insurance policies held by Scott Richter’s Media Breakaway were not liable to pay $6M in damages awarded in a previous case.
Myspace initially sued Media Breakaway in 2007 for allegedly using phished Myspace accounts to send emails advertising Media Breakaway websites. In summer 2008 and arbiter ruled in favor of Myspace and against Media Breakaway. After the ruling, Media Breakaway attempted to have insurance cover the fine. The insurance company denied the claims so Media Breakaway took them to court. Media Breakaway lost.
Scott has been around in the email marketing arena for a very long time. He’s had multiple run ins with the law, including a 2003 felony theft charge for stealing a number of things, including a Bobcat loader and a 2004 suit brought against him by the NY Attorney General’s office and Microsoft for spamming and deceptive advertising. That court case bankrupted his previous company, OptInRealBig. Scott has also appeared on the Daily Show, in a side-splittingly funny story about spam and email marketing…. er… high volume email deploying.

The Daily Show With Jon StewartMon – Thurs 11p / 10c
Email Trouble
www.thedailyshow.com
Daily Show
Full Episodes
Political HumorJoke of the Day

Have a great weekend all. It looks like I’m going to get the blog carnival post out Wednesday or Thursday next week so if you have a late entry feel free to drop it to me before then.
HT: Venkat

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Unsubscribe rates as a measure of engagement.

Over at Spamtacular Mickey talks about the email marketers’ syllogism.

  1. Anyone who doesn’t want our mail will opt-out.
  2. Most people don’t opt-out.
  3. Therefore, most people want our mail.

This clearly fallacious reasoning is something I deal with frequently with my clients, particularly those who come to me for reputation repair. They can’t understand why people are calling them spammers, because their unsubscribe rates and complaint rates are very low. The low complaints and unsubscribes must mean their mail is wanted. Unfortunately, the email marketers’ syllogism leads them to faulty conclusions.
There are many reasons people don’t opt-out of mail they don’t want. Some of it may be practical, the mail never hits their inbox, either due to ISP level filters or their own personal filters. Some people take a stance that they do not opt out of mail they did not opt-in to and if they don’t recognize the company, they won’t opt-out.
In any case, low levels of opt-outs or even this-is-spam hits does not mean that recipients want that mail. The sooner marketers figure this out, the better for them and their delivery.

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Organizing the mail flow

I get a lot of email. On a typical day I will get close to 2000 messages across my various work and personal accounts. About 60 – 70% of that mail is spam and caught by spamassassin or my mta filters and moved into mailboxes that I check once a day for false positives. About 15 – 10% of the remaining mail is from various discussion lists, and those are all sorted into their own mailboxes so I can keep conversations straight. The rest of the email is divided between mail directly to me and various commercial lists I have opted in to.
Up until recently, the commercial mail was all just dumped into my inbox. Nothing special happened to it it just sat there until I could read it. Recently, however, the volume of commercial mail has exploded, swamping my inbox. After losing track of some critical issues, I sat down and fixed my mail filters. Now, all my commercial and marketing mail (ie, mail I signed up for with tagged addresses) is now being filtered into its own mailbox.
There are two takeaways here.
One: the volume of commercial mail has increased significantly. Companies who were previously mailing me once a month are now mailing me twice a week. This contributed to the clutter and resulted in me pushing all commercial mail out of my inbox. I don’t think this increase is limited to just my mailbox, I believe many recipients are seeing an increase in commercial and marketing email, to the point where they’re finding it difficult to keep up with it all.
Two: Recipients have a threshold over which too much email makes their mailbox less usable. Once this threshold is reached they will take steps to change that. In my case, I can just filter all the commercial email as I use tagged addresses for all my signups. In other cases, they may start unsubscribing from all the mail cluttering their mailbox or blocking senders.
It is the tragedy of the commons demonstrated on a small scale.

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