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Confusing opt-in and opt-out

Harvard Business Review posted a blog earlier this week suggesting that all businesses should treat email marketing as an opt-out process. Unfortunately, the post seemed to me to conflate and confuse a number of things.
She mixes in potential customers providing business cards to an exhibitor at a trade show with current customers that are using a product. She promotes businesses using opt-out as a default communication practice, but then talks about giving customers preference centers to manage the contact.
Overall, it was a very confusing article.
For instance the author says:

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Spam isn't a best practice

I’m hearing a lot of claims about best practices recently and I’m wondering what people really mean by the term. All too often people tell me that they comply with “all best practices” followed by a list of things they do that are clearly not best practices.
Some of those folks are clients or sales prospects but some of them are actually industry colleagues that have customers sending spam. In either case, I’ve been thinking a lot about best practices and what we all mean when we talk about best practices. In conversing with various people it’s clear that the term doesn’t mean what the speakers think it means.
For me, best practice means sending mail in a way that create happy and engaged recipients. There are a lot of details wrapped up in there, but all implementation choices stem from the answer to the question “what will make our customers happy.” But a lot of marketers, email and otherwise, don’t focus on what makes their recipients or targets happy.
In fact, for many people I talk to when they say “best practice” what they really mean is “send as much mail as recipients will tolerate.” This isn’t that surprising, the advertising and marketing industries survive by pushing things as far as the target will tolerate (emphasis added).

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Beware the TINS Army

When consulting with clients, I spend a lot of time trying to help them better understand the concept of sender reputation. Spam reports, feedback loops, and other data that comes from a collection of positive and negative reputational feedback about a company sending email.
Certainly, the “This is not spam” action – moving an email from the spam folder to the inbox, or clicking the “not spam” button in a web mail’s interface, is a strong positive reputational action. Some webmail providers use this data to decide which bulked senders deserve being let out of the penalty box – which should have their mail once again delivered to the inbox.
A client recently theorized that a great solution to their delivery problems would be to do this “en masse.” Sign up for hundreds or thousands of webmail accounts, send my mail to them, and click on the “not spam” button for each of my own emails. That’ll greatly improve my sending reputation, right?
NO! ISPs have already thought of this. They watch for this. They’re really good at picking up on things like this. I know for a fact that Yahoo and Hotmail and AOL notice stuff like this, and I strongly suspect other webmail providers notice it as well.
What happens when Yahoo or Hotmail pick up on this type of unwanted activity? Well, if it’s at Yahoo, they’re likely to block all mail from you, 100%, forever. I’ve seen it happen more than once. Yahoo might even identify all of your netblocks, ones beyond the ones sending today’s mail or originating today’s activity. And good luck trying to convince them that you’re not a spammer – you have a better chance of winning the lottery two weeks in a row.
As for Hotmail – what would Hotmail do? Ask Boris Mizhen. Microsoft is currently suing him, alleging that he and/or his agents or associates engaged in this very practice.

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