Fines for not honoring unsubscribes
Virgin Blue has been fined $110,000 by the Australian government for not honoring unsubscribes.
Virgin Blue has been fined $110,000 by the Australian government for not honoring unsubscribes.
Whatever one might think about confirming opt-ins I think we can all agree that requiring someone to jump through hoops and confirm an unsubscription request will just annoy that person.
Today I attempt to opt-out from a discussion list. It’s one I *thought* I had opted out of previously, but I could find no record of the request anywhere. OK. So I imagined unsubscribing, I’ll just unsub again and keep better records.
After digging through the headers, I find the unsub link and dutifully mail off my unsubscribe request. I then receive an email that requires I click on a link to confirm my unsub request. This causes me to grumble a bit. I have heard all the arguments about forged unsub requests and the various reasons this is good practice. I believe none of them. Requiring people to confirm an unsubscription request is bad practice.
In this case, the mailing list is a discussion list so there is no CAN SPAM violation. However, I know that some commercial mailing lists have also implemented confirm your opt-out request. For commercial mailing lists, this is a CAN SPAM violation. It’s also just plain rude. If someone says, “Stop!” then you should stop, no questions asked
Over at Spamtacular Mickey talks about the email marketers’ syllogism.
- Anyone who doesn’t want our mail will opt-out.
- Most people don’t opt-out.
- Therefore, most people want our mail.
This clearly fallacious reasoning is something I deal with frequently with my clients, particularly those who come to me for reputation repair. They can’t understand why people are calling them spammers, because their unsubscribe rates and complaint rates are very low. The low complaints and unsubscribes must mean their mail is wanted. Unfortunately, the email marketers’ syllogism leads them to faulty conclusions.
There are many reasons people don’t opt-out of mail they don’t want. Some of it may be practical, the mail never hits their inbox, either due to ISP level filters or their own personal filters. Some people take a stance that they do not opt out of mail they did not opt-in to and if they don’t recognize the company, they won’t opt-out.
In any case, low levels of opt-outs or even this-is-spam hits does not mean that recipients want that mail. The sooner marketers figure this out, the better for them and their delivery.
Call it C-28, call it FISA, call it COPL, just don’t call it a pipe dream any longer.
Today the Canadian anti spam law received royal assent and is now law. ReturnPath is saying it will take effect September 2011, but that’s the only date I’ve seen published. The full text of the bill as passed by the House of Commons can be found at http://www2.parl.gc.ca/content/hoc/Bills/403/Government/C-28/C-28_3/C-28_3.PDF
It’s fairly dense and I’m still reading through the final version. Of critical importance for anyone marketing in Canada is that it sets requirements that commercial email be sent with the permission of the recipient. This is different from CAN SPAM here in the US which doesn’t require consent of the recipient, but allows anyone to send unsolicited email as long as it meets the standards set by the law.
CBC Story
Return Path blog post
CAUCE posts
Thin Data implementation guide