Mailchimp has released a guide to spam lawsuits with advice on how to not be a target.
I had the pleasure of meeting some of the Mailchimp legal staff last year when I was down there to do on-site training for their abuse desk employees. I was quite impressed with them and their understanding of privacy and email issues.
A couple things related to the intersection of email and law happened recently.
The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. Berkeley Premium Nutraceuticals toyed with spamming to advertise their product as a brief search of public reporting sites shows. The extent and effort they went to in order to stay below the thresholds for losing their merchant accounts is reminiscent of the effort some mailers go through to get mail through ISP filters.
The other bit of interesting reading is the Microsoft motion to dismiss the case brought against them by Holomaxx. It is a relatively short brief (33 pages) and 3 of those pages are simply a listing of the relevant cases demonstrating ISPs are allowed to filter mail as they see fit. 2 more pages are dedicated to listing the relevant Federal and State statutes. I strongly encourage anyone considering suing any large ISP to to read this pleading. These lawyers understand email law inside and out and they are not going to mess around. They also have both statute and case law on their side. They point this out before the end of page 1:
Late last month, Yahoo filed a motion to dismiss in the Holomaxx v. Yahoo case. There’s nothing that unexpected in the filing. The lawyers set the tone of the entire document with their very first paragraph.
Read MoreI continually run into companies that don’t really have a goal or understanding of their email marketing program. They’ve never really asked questions about how they’re using email or even why email is the right answer. Lots of companies are also diving head first into email marketing or the social media craze without having thought about what their goals are and what they want to happen.
What regularly ends up happening to companies that jump in without a clear goal is they get into a situation where their delivery is bad. Then they read a lot of best practice advice on the net and try to implement all of it. Sometimes that works, but other times it doesn’t. Finally they hire me or another consultant to help them sort out where it all went pear shaped.
My consulting isn’t about rote recitation of common best practices. Instead, I want to know about a client’s business and what they think about email. The most frequent question I ask clients is: How does email fit into your business? What are your goals for your business? What is your value proposition?
Some of my clients can’t answer these question. They just tell me they want to use email and they don’t know what they’re doing and that’s why they hired me. Well, I can help them successfully send email, but I can’t help them decide what role email plays in their business. Those are the decisions my client needs to make. I can’t set their business goals for them.
When was the last time you actually sat down and just thought about your business goals? I know that sometimes it’s hard to find the time to look at your business and where it’s going. “Think about it? I’m too busy doing it!” But every business person needs to look at their business goals.
Once you’ve thought about your goals, think about your email marketing program. Is email helping you to reach those goals? How?
If you’ve reached your current business goals, what are your next ones? And how does email fit into those goals?
Sure, having an answer is good, but are you actually asking the right question?