Changes at Gmail

As I’ve said before, I can usually tell when some ISP changes their filtering algorithm because I start getting tons and tons of calls about delivery problems at that ISP. This past month it’s been Gmail.
There have been two symptoms I’ve been hearing about. One is an increase in bulk folder delivery for mail that previously was reliably hitting the inbox. The other is a bit more interesting. I’ve heard of 3 different mailers, with good reputations and very clean lists, that are seeing 4xx delays on some of their mail. The only consistency I, and my colleagues at some ESPs, have identified is that the mail is “bursty.”
The senders affected by this do send out mail daily, but the daily mail is primarily order confirmations or receipts or other transactional mails. They send bi-weekly newsletters, though, exploding their volume from a few tens of thousands up to hundreds of thousands. This seems to trigger Gmail to defer mail. It does get delivered eventually. It’s frustrating to try and deal with because neither side is really doing anything wrong, but good senders are seeing delivery delays.
For the bulk foldering, Bronto has a good blog post talking about the changes and offering some solid suggestions for how to deal with them. I’m also hearing from some folks who are reliable that Gmail may be rolling back some of the bulk foldering changes based on feedback from their users.
So if you’re seeing changes at Gmail, it’s not just you.

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With my clients, I work through delivery issues and can solve 80 – 90% of the issues without ever having to contact anyone at the ISPs. 90% of the remaining issues can be handled using the publicly available contacts and websites provided by the ISPs.
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We're gonna party like it's 1996!

Over on deliverability.com Dela Quist has a long blog post up talking about how changes to Hotmail and Gmail’s priority inbox are a class action suit waiting to happen.
All I can say is that it’s all been tried before. Cyberpromotions v. AOL started the ball rolling when they tried to use the First Amendment to force AOL to accept their unsolicited email. The courts said No.
Time goes on and things change. No one argues Sanford wasn’t spamming, he even admitted as much in his court documents. He was attempting to force AOL to accept his unsolicited commercial email for their users. Dela’s arguments center around solicited mail, though.
Do I really think that minor difference in terminology going to change things?
No.
First off “solicited” has a very squishy meaning when looking at any company, particularly large national brands. “We bought a list” and “This person made a purchase from us” are more common than any email marketer wants to admit to. Buying, selling and assuming permission are par for the course in the “legitimate” email marketing world. Just because the marketer tells me that I solicited their email does not actually mean I solicited their email.
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