The legitimate email marketer

I cannot tell you how many times over the last 10 years I’ve been talking to someone with a problem and had them tell me “but I’m a legitimate email marketer.” Most of them have at least one serious problem, from upstreams that are ready to terminate them for spamming through widespread blocking. In fact, the practices of most companies who proclaim “we’re legitimate email marketers” are so bad that the phrase has entered the lexicon as a sign that the company is attempting to surf the gray area between commercial email and spam as close to the spam side of that territory as possible.
What do I mean by that? I mean that the address collection practices and the mailing processes used by self-proclaimed legitimate email marketers are sloppy. They don’t really care about individual recipients, they just care about the numbers. They buy addresses, they use affiliates, they dip whole limbs in the co-reg pool; all told their subscription practices are very sloppy. Because they didn’t scrape or harvest the email address, they feel justified in claiming the recipient asked for it and that they are legitimate.
They don’t really care that they’re mailing people who don’t want their mail and really never asked to receive it. What kinds of practices am I talking about?
Buying co-reg lists. “But the customer signed up, made a purchase, took an online quiz and the privacy policy says their address can be shared.” The recipient doesn’t care that they agreed to have their email address handed out to all and sundry, they don’t want that mail.
Arguing with subscribers. “But all those people who labeled my mail as spam actually subscribed!!!” Any time a mailer has to argue with a subscriber about the validity of the subscription, there is a problem with the subscription process. If the sender and the receiver disagree on whether there was really an opt-in, the senders are rarely given the benefit of the doubt.
Using affiliates to hide their involvement in spam. A number of companies use advertising agencies that outsource acquisition mailings that end up being sent by spammers. These acquisition mailings are sent by the same spammers sending enlargement spam. The advertiser gets all the benefits of spam without any of the consequences.
Knowing that their signup forms are abused but failing to stop the abuse. A few years back I was talking with a large political mailer. They were insisting they were legitimate email marketers but were finding a lot of mail blocked. I mentioned that they were a large target for people forging addresses in their signup form. I explained that mailing people who never asked for mail was probably the source of their delivery problems. They admitted they were probably mailing people who never signed up, but weren’t going to do anything about it as it was good for their bottom line to have so many subscribers.
Self described legitimate email marketers do the bare minimum possible to meet standards. They talk the talk to convince their customers they’re legitimate:

  • We’re CAN SPAM compliant!!!
  • We run the tightest ship in the industry! the second somebody unsubscribes, they are OFF THE LIST!
  • We have the highest delivery rate in the industry.
  • All our lists are fully opt-in!!
  • We have connections at all the major ISPs.

But they sure don’t walk the walk. And their talk doesn’t convince anyone else that they’re legitimate, not even the ISPs that block their mail. They don’t really understand email marketing and how different it is from other forms of direct marketing. They think that eyeballs and mailboxes are commodities and they can slap a thin veneer of permission on their practices and get a pass. That’s not how email works. Recipients have a lot more control over their inboxes than they do over their mail boxes or their telephones and what works in the other areas does not work in email marketing.
There are a lot of marketers that are doing things right. They are, in fact, legitimate email marketers. These genuinely legitimate email marketers don’t need to advertise themselves as legitimate. The receiving ISPs know the mail is legitimate because the enduser recipients are engaged and want the mail. Mail performance mostly stands on its own merits, no talking necessary.

Related Posts

Co-reg

Well over half of the clients who come to me with delivery problems admit at some point that one of the ways they collect subscribers is through co-registration. They typically have widespread delivery problems at the major ISPs as well as SBL listings.
John Levine posted over the weekend about his thoughts on co-reg.

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Fake privacy policies

I sign up at a lot of websites and liberally spray email addresses across the net. These signups are on behalf of one customer or another and each webform gets its own tagged and tracked email address. I always have a specific goal with each signup: getting a copy of a customer’s email, checking their signup process, auditing an affiliate on behalf of a customer or identifying where there might be a problem in a process. Because I have specific goals, I am pretty careful with these signups and usually uncheck every “share my email address” box I can find on the forms.
In every case the privacy policies of my clients and the things they tell me are explicit in that addresses will not be shared. It’s all opt-in, and email addresses are not shared without permission. Even in the cases where I am auditing affiliates, my clients assure me that if I follow this exact process my address will not be shared. Or so the affiliates have assured them.
Despite my care and the privacy policies on the websites, these addresses occasionally leak or are sold. This is actually very rare, and most of the websites I test never do anything with my address that I don’t expect. But in a couple cases these email addresses have ended up in the hands of some hard core spammers (hundreds of emails a day) and there was no useful tracking I could do. In other cases the volume has been lower, and I’ve watched the progression of my email addresses being bought and sold with morbid fascination.
Today an address I signed up at a website about a year ago got hit with multiple spams in a short time frame. All came from different IPs in the same /24. All had different domains with no websites. Whois showed all the domains were registered behind a privacy protection service. Interestingly, two of the domains used the same CAN SPAM address. The third had no CAN SPAM address at all. None of these addresses match the data I have on file related to the email signup.
It never ceases to amaze me how dishonest some address collection outfits. Their websites state clearly that addresses will not be bought an sold, and yet the addresses get lots of spam unrelated to the original signup. For those dishonest enough to do this they’ll never get caught unless recipients tags and tracks all their signups. Even worse, unless their partners test their signups or their mailing practices, the partners may end up unwittingly sending spam.

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Delivery Blog Carnival – Selling, trading and renting email addresses

A couple weeks ago, I linked to a comment from a marketer mentioning that email addresses should be able to be traded around like snail mail addresses. I suggested this might be a good topic to hear from a lot of different people on.
Mickey posted List Rental is…. In that post he looked at how email is different from direct mail and how the attitudes are different as well.
The folks at Bronto got into the spirit of the blog carnival and Kristin, Kelly and Chris all contributed to a single post offering their perspectives on trading lists, intrusive marketing and delivery.
Al Iverson has two posts on buying lists. One is an older post talking about the delivery hassles and problems related to purchased lists from the perspective of a ESP delivery expert. Over on his SpamResource blog, he posts about the same issue from the perspective of a recipient who is tired of receiving spam.
I also posted on the issue, looking at how email is not snail mail and senders cannot be successful in email by applying the direct mail rules.
Thanks to everyone who submitted posts.

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