Taking permission

Permission is always a hot topic in email marketing. Permission is key! the experts tell us. Get permission to send email! the ISPs tell us.

Marketers have responded by setting up processes to “get” permission from recipients before adding them to mailing lists. They point to their privacy polices and signup forms and say “Look! the recipient gave us permission.”
In many cases, though, the permission isn’t given to the sender, permission is taken from the recipient.

Yes, permission is being TAKEN by the sender. At the point of address collection many senders set the default to be the recipient gets mail. These processes take any notion of giving permission out of the equation. The recipient doesn’t have to give permission, permission is assumed.

This isn’t real permission. No process that requires the user to take action to stop themselves from being opted in is real permission. A default state of yes takes the actual opt-in step away from the recipient.

Permission just isn’t about saying “well, we told the user if they gave us an email address we’d send them mail and they gave us an email address anyway.” Permission is about giving the recipients a choice in what they want to receive. All too often senders take permission from recipients instead of asking for permission to be given.

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What she said

Jamie Tomasello on the Cloudmark Blog:

ESPs who require and enforce best permission practices should be applying peer and industry pressure within the ESP community to adopt these policies. Ultimately, ESPs need to take responsibility for their clients’ practices. If you are aware that your clients are engaging in questionable or bad practices, address those issues before contacting an ISP or anti-spam vendor to resolve the issue.

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Click-wrap licenses again

Earlier this week ARS Technica reported on a ruling from the Missouri Court of Appeals stating that terms and conditions are enforceable even if the users are not forced to visit the T&C pages. Judge Rahmeyer, one of the panel members, did point out that the term in question, under what state laws the agreement would be enforced, was not an unreasonable request. She “do[es] not want [their] opinion to indicate that consumers assent to any buried term that a website may provide simply by using the website or clicking ‘I agree.'”
What does this have to do with email? Well, it means that reasonable terms in the agreements may still be binding even if the user does not read the full terms of the opt in before submitting an email address. In practical terms, though, there’s very little that has changed. Hiding grants of permission deep in a terms document has long been a sneaky trick practiced by spammers and list sellers. Legitimate companies already make terms clear so that users know what type of and how much mail to expect by signing up to a list. They also know that the legal technicalities of permission are not as important as meeting the recipients expectations.

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TWSD: Using FOIA requests for email addresses

Mickey has a good summary of what’s going on in Maine where the courts forced the Department of Inland Fisheries and Wildlife to sell the email addresses of license purchasers to a commercial company.
There isn’t permission associated with this and the commercial company has no pretense that the recipients want to receive mail from them. This is a bad idea and a bad way to get email addresses and is no better than spammers scraping addresses from every website mentioning “fishing” or “hunting.”

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