Important notification spammers break the law

I’m currently being inundated at multiple address with spam advertising spamming services. Most of these notices have the subject line: IMPORTANT NOTIFICATION. The text includes:

E-mail newsletters, opt-in e-mail campaigns, e-zines, and other forms of responsible e-mail marketing are the norm for larger Internet businesses – why not yours?
Click Here  to Find Out More Info!
We can help you learn how to initiate a responsible mass e-mail campaign. With our inhouse dedicated SMTP Servers and mailing lists, you will have all the tools that you need.
If you’re not reaching existing and potential customers or members with your e-mail marketing message, you can be assured that your competition will be.

OK Mr. Spammer. Whatever you say. See, the problem is that you’re breaking the law. You have no valid contact information in your mail. You have no valid opt-out. You’re sending through what appears to be an open proxy. In short, your mail is in complete violation of CAN SPAM.
Anyone out there looking for information on Lifestyle Solutions of Franktown, Colorado ((303) 688-5774) and (888) 313-2220) be sure you know they are spammers and, judging by the other stuff they’re doing, scammers as well. Don’t trust them to advertise by email for you, find someone who not only knows the law but follows it as well.

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And the ugly…

Getting back to my series on the good, the typical and the ugly in the ESP field, and there is some very ugly out there. I have 3 examples of the ugliness out there and what ESPs and legitimate senders are competing with.
The fake ESP
A spammer approached me early on in my consulting career, asking me to help him set up a fake ESP. He wanted to set up his corporate network so that to an outsider it would look like he was selling ESP services and thus had a large number of customers. There wouldn’t be any customers, however, all the mail would be coming from his company. When the blocking got bad enough, and it would as he would purchase addresses from anywhere, he would “disconnect” the responsible customer. My role was to help him come up with a plausible sounding acceptable use policy and then contact the ISPs when he “disconnected” the customer. I declined to participate in this scheme. This doesn’t appear to have stopped him, though, if the rumors I hear are to be believed.
Waterfalling
Related to the fake ESP scheme is waterfalling. Spammers acquire lists of email addresses and then begin the process of cleaning them by mailing. In some cases, they mail through fake ESPs, as above. In other cases, they actually spread their traffic out across legitimate ISPs. As they mail the lists through the ESPs, they remove unsubscribes, bounces and complaints. When the list reaches a set cleanliness, they move it to another ESP. They repeat this, gradually moving through cleaner and cleaner ESPs. Eventually, they move the list to their own network and sell mailings to it as an opt-in list. It’s not opt-in, it’s just cleansed of all negative responders.
The companies abusing ESPs to clean their lists do tarnish the reputation of ESPs. While the responsible ESPs do disconnect the waterfallers, they usually do so after problems are detected. That being said, there are some companies that are constantly looking for “partnerships” at ESPs and the ESPs turn them away during the sales cycles.
Affiliates
While not necessarily an ESP problem there are some large companies out there that hire spammers to send acquisition email for them. They also send their own mail, both marketing and transactional, through ESPs. The issue for ESPs come when the URL blocks happen and the bad reputation of their customer’s mail bleeds back to the ESPs IP addresses. The ESP becomes known as “one of those places that mails for X” and their reputation falls accordingly. In some cases, even if the mail through the ESP is clean and opt-in, the ESP finds itself blocklisted for just doing business with a company that hires spammers.
I’ve had a couple clients recommended to me by ESPs because the ESP was dealing with a persistent spam block around this particular customer. The mail the customer sent through the ESP was opt-in, but the client was using an extensive network of affiliates to send spam for them. I collected a lot of examples of their spam from various affiliates, even gave them a couple of examples from my own email addresses. One of those addresses has not been actively used in 6 years. My client tells me they talked to their affiliates and that the affiliate assured them I had signed up, I just forgot. The client chose to believe the affiliate over me, despite the fact that I had many other examples. That client lost their ESP (and good for the ESP) but is still sending spam. I just got one advertising their stuff yesterday, at the same address I gave to them years ago, all images, hashbusters, domain hidden behind proxy, coming from a snowshoer network.
All of the companies I’ve talked about here describe themselves as legitimate email marketers. Even the company telling me I opted in to their mail was defending themselves and their affiliates as legitimate email marketers.

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I don't have a "this is spam" button

Here at Word to the Wise we have some unique requirements for mail. For instance, I need to be able to receive examples of emails that are being blocked elsewhere in order to do my job. This means not only do we not outsource mail to someone else, we also run limited spam filtering on the server side. It does mean I have to wade through a bit more spam than others do, but that’s generally not a problem. My client side filters do a decent job at keeping most of the crud out of my mailboxes.
My work account gets very little spam in the folder I use as my inbox. I’m not even sure exactly why this is, but it’s true. One of the exceptions is a psychic (no, really) who has a copy of one of my work email addresses and she regularly spams me offering her spiritual guidance and the opportunity to buy her stuff in order to make peace within my world.  I’ve received these before, usually I just delete them and move on.
Occasionally, though, I long for the ease of a “this is spam” button. Just to be able to hit a single button, no work, no effort and know that I have registered my frustration with a spammer. Today was one of those days. I really don’t want this psychic spam in my mailbox. It seems reasonably professionally done, though, so I check the headers to see if it’s being send from any ESP I know and if it’s worth my time to send in a “hey, didn’t sign up for this, and no, I didn’t forget, either” email.
I visited the website belonging to the domain sending the mail.

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