Permission: it may not be what you think it is

I’ve talked frequently about permission on this blog, and mentioned over and over again that senders should correctly set expectations at the time they collect permission. Permission isn’t permission if the recipient doesn’t know what they’re agreeing to receive.

This is graphically demonstrated in a recent lawsuit filed against Toyota for a marketing program. Toyota sent a series of emails to recipients wherein a fictitious man claimed to be on the run from the law and was coming to hide from the law at the recipient’s home.

Toyota’s official response to the lawsuit is the relevant part to other email marketers. They insist the plaintiff opted in to this marketing campaign. The view of the plaintiff and her attorney is a little different.

Toyota’s marketers used the Internet to find people who wanted to set up friends to be “punked,” and [the plaintiff] was set up by a friend of hers, [her lawyer] said.

This is something I can easily believe. A lot of marketers ask for contact information of friends in order to market to those friends. But there isn’t a whole lot of permission involved.

Toyota claims that the plaintiff, Ms. Duick, opted in when she was sent a personality test by a friend.

Tepper, Duick’s attorney, said he discussed the campaign with Toyota’s attorneys earlier this year, and they said the “opting in” Harp referred to was done when Duick’s friend e-mailed her a “personality test” that contained a link to an “indecipherable” written statement that Toyota used as a form of consent from Duick.
Tepper, said that during those legal negotiations, Toyota’s lawyers claimed Duick signed the written legal agreement, which they said amounts to “informed written consent.”

I have to wonder about the written legal agreement that would inform someone she was agreeing to receive email from a fictitious fugitive. It strikes me that any legal agreement that spelled out what she was agreeing to would have revealed the hoax. I don’t think she envisioned she was giving the same permission that Toyota thought they were collecting.

This is actually a big problem in email marketing. A lot of senders claim they have permission from recipients but what the recipient thought they were agreeing to receive is completely different. And just because a sender has permission for one type of email doesn’t mean they can start sending a completely different type of mail.

In this case, the mismatch between sender and recipient expectations didn’t just result in a poor sending reputation and delivery problems. It also resulted in a lawsuit against the sender. Senders should be more careful with permission and strive to inform recipients about what they’re opting in to receive.
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Signup forms and bad data

One thing I frequently mention, both here on the blog and with my clients, is the importance of setting recipient expectations during the signup process. Mark Brownlow posted yesterday about signup forms, and linked to a number of resources and blog posts discussing how to create user friendly and usable signup forms.
As a consumer, a signup process for an online-only experience that requires a postal address annoys and frustrates me to no end. Just recently I purchased a Nike + iPod sport kit. Part of the benefit to this, is free access to the Nike website, where I can see pretty graphs showing my pace, distance and time. When I went to go register, however, Nike asked me to give them a postal address. I know there are a lot of reasons they might want to do this, but, to my mind, they have no need to know my address and I am reluctant go give that info out. An attempt to register leaving those blanks empty was rejected. A blatantly fake street address (nowhere, nowhere, valid zipcode) did not inhibit my ability to sign up at the site.
Still, I find more and more sites are asking for more and more information about their site users. From a marketing perspective it is a no-brainer to ask for the information, at least in the short term. Over the longer term, asking for more and more information may result in more and more users avoiding websites or providing false data.
In the context of email addresses, many users already fill in random addresses into forms when they are required to give up addresses. This results in higher complaint rates, spamtrap hits and high bounce rates for the sender. Eventually, the sender ends up blocked or blacklisted, and they cannot figure out why because all of their addresses belong to their users. They have done everything right, so they think.
What they have not done is compensate for their users. Information collection is a critical part of the senders process, but some senders seem give little thought to data integrity or user reluctance to share data. This lack of thought can, and often does, result in poor email delivery.

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Political Spam

At Adventures in Email Marketing, there is a post up this morning about political spam. It seems Anna discovered that providing her email address on her voter registration card not only results in political groups sending her email to that address, but also that political email does not have to follow the rules of CAN SPAM. The article ends with a few questions and makes some suggestions.

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The great debate

While surfing around last night, I discovered that the email experience council is running a poll. “The Great Email Debate Topic #2 – Single Opt-In or Double Opt-In?”
The email blogs have been discussing the question for a few weeks now, since one ClickZ columnist decided to stir controversy by claiming that “it is impossible to grow a list using double opt-in.” The original column inspired many other people to comment on the issue.
This is really a tempest in a teapot. There are situations where no address should be added to a mailing list without some sort of confirmation or verification step. Senders must protect themselves from bad subscription requests and double opt-in is one way to do this. Likewise, there are situations where a single opt-in with good list management will create a very clean list. Double opt-in isn’t necessary to stop spam.
Senders who think that they can’t grow their list with double opt-in are already behind the 8-ball in terms of list management. Yes, lists will grow slower. In the present environment, many users are very used to submitting a registration to a web page and then looking in their mailbox for an email to complete the process. No longer is “double opt-in” a foreign concept. Social networking sites, web forums and mailing lists commonly use double opt-in.
The challenge is for marketers to construct a signup process that is engaging enough to convince users to check their mailbox and click on the link. Senders with good marketing strategy will be able to do this, when it’s necessary.
Not every mailing list has to be double opt-in, but every engaging list could be without decreasing the number of subscribers.

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