Asis Internet service has been ordered to pay over $800,000 in lawyer fees to Optin Global. Venkat has details. This is the same company that was recently awarded $2.5M judgment in a different case.
There is a persistent belief among some senders that the technical part of sending email is the most important part of delivery. They think that by tweaking things around the edges, like changing their rate limiting and refining bounce handling, their email will magically end up in the inbox.
This is a gross misunderstanding of the reasons for bulk foldering and blocking by the ISPs. Yes, technical behaviour does count and senders will find it harder to deliver mail if they are doing something grossly wrong. In my experience, though, most technical issues are not sufficient to cause major delivery problems.
On the other hand, senders can do everything technically perfect, from rate limiting to bounce handling to handling feedback loops through authentication and offer wording and still have delivery problems. Why? Sending unwanted mail trumps technical perfection. If no one wants the email mail then there will be delivery problems.
Now, I’ve certainly dealt with clients who had some minor engagement issues and the bulk of their delivery problems were technical in nature. Fix the technical problems and make some adjustments to the email and mail gets to the inbox. But with senders who are sending unwanted email the only way to fix delivery problems is to figure out what recipients want and then send mail meeting those needs.
Persistent delivery problems cannot be fixed by tweaking technical settings.
John Levine has a longer blog post about the Smith vs. Comcast suit. Be sure to read the comment from Terry Zink about the MS related claims.
Read MoreThis is a post I’ve put off for a while as the definition of spam is a sticky subject. There are online fora where the definition of spam has been debated for more than 10 years, and if there isn’t a working definition after all that time, it’s unlikely there will ever be a definition the participants can agree on.
This came up again recently because one of the comments on my “Reputation is not permission” post took me to task for daring to call the mail “spam.” I’m going to assert here that the mail was unsolicited bulk email. I did not ask for it and I know at least 4 other people that received it.
The commenter, and a few marketers, argue that if the mail is sent without any forgery and the mail contains an opt-out link then it is not spam. It is a definition I have only seen folks who want to send unsolicited bulk email use, however. What they are really arguing is their mail isn’t spam because they provide a valid return address and a way to opt-out. Few people actually agree with this definition.
Here are 10 of the many definitions of spam that I’ve seen.