Not lazy, just annoyed

I don’t usually send in spam reports, but I submitted a couple in the last few weeks. Somehow an address of mine is on a bunch of rave / club lists in London. You want to know what is happening at London clubs this week? It’s all there in my spam folder.
This mail finally hit my annoyance threshold, so I’ve been submitting reports and complaints to the senders the last few weeks. The mail, with full headers, goes with an explanation that the address that received it was harvested off a website more than 5 years ago and never opted in to receive any mail.
One of the ISPs I sent the report to has a web form where the complainant and the customer can see the report and both can comment on it. The customer replied to my complaint on it.

Email compliant with best practice, lazy user. Have clicked the unsubscribe link for them

As you can imagine this annoyed me. I mean, I’m really happy they’re going to stop sending me spam advertising clubs a 12 hour plane flight away, but they could do that without claiming that I was a lazy user.
I replied to the complaint.

Despite what your customer says I am not a “lazy user.” The email was sent to an address harvested off a website more than 5 years ago. I never signed up for it, I never asked for it.
Your customer is a spammer.

To the ISP’s credit, they did take the complaint a lot more seriously than their customer.

Network access to server has been suspended

Boy, did that change the customer’s tune.

I will speak again to my customer and seek clarification from them as to the source of my email. My comment was in relation to email content such as headers and unsubscribe details

While I know it’s tempting to treat every complaint as a “lazy user” who just won’t unsubscribe, it can be a very bad idea. It’s not that I’m too lazy to hit the unsubscribe button, it’s that the sender is clearly a spammer, either buying or harvesting address lists. Why should I trust that spammer to actually honor an unsubscribe? I don’t. Thus, I send in a complaint.

Related Posts

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.
Secondly, email marketers don’t get to dictate what recipients do and do not want. Do ISPs occasionally make boneheaded filtering decisions? I’d be a fool to say no. But more often than not when an ISP blocks your mail or filters it into the bulk folder they are doing it because the recipients don’t want that mail and don’t care that it’s in the bulk folder. Sorry, much of the incredibly important marketing mail isn’t actually that important to the recipient.
Dela mentions things like bank statements and bills. Does he really think that recipients are too stupid to add the from address to their address books? Or create specific filters so they can get the mail they want? People do this regularly and if they really want mail they have the tools, provided by the ISP, to make the mail they want get to where they want it.
Finally, there is this little law that protects ISPs. 47 USC 230 states:

Read More

Botnets and viruses and phishing, oh my!

MessageLabs released their monthly report on email threats yesterday. Many media outlets picked up and reported that 41% of spam was from a the Rustock botnet.
Other highlights from the report include:

Read More

Would you buy a used car from that guy?

There are dozens of people and companies standing up and offering suggestions on best practices in email marketing. Unfortunately, many of those companies don’t actually practice what they preach in managing their own email accounts.
I got email today to an old work email address of mine from Strongmail. To be fair it was a technically correct email. Everything one would expect from a company handling large volumes of emails.  It’s clear that time and energy was put into the technical setup of the send. If only they had put even half that effort into deciding who to send the email to. Sadly, they didn’t.
My first thought, upon receiving the mail, was that some new, eager employee bought a very old and crufty list somewhere. Because Strongmail has a reputation for being responsible mailers, I sent them a copy of the email to abuse@. I figured they’d want to know that they had a new sales / marketing person who was doing some bad stuff.
I know how frustrating handling abuse@ can be, so I try to be short and sweet in my complaints. For this one, I simply said, “Someone at Strongmail has appended, harvested or otherwise acquired an old email address of mine. This has been added to your mailing list and I’m now receiving spam from you. ”
They respond with an email that starts with:
“Thank you for your thoughtful response to our opt-in request. On occasion, we provide members of our database with the opportunity to opt-in to receive email marketing communications from us.”
Wait. What? Members of our database? How did this address get into your database?
“I can’t be sure from our records but it looks like someone from StrongMail reached out to you several years ago.  It’s helpful that you let us know to unsubscribe you.  Thank you again.”
There you have it. According to the person answering email at abuse@ Strongmail they sent me a message because they had sent mail to me in the past. Is that really what you did? Send mail to very old email addresses because someone, at some point in the past, sent mail to that address? And you don’t know when, don’t know where the address came from, don’t know how it was acquired, but decided to reach out to me?
How many bad practices can you mix into a single send, Strongmail? Sending mail to addresses where you don’t know how you got them? Sending mail to addresses that you got at least 6 years ago? Sending mail to addresses that were never opted-in to any of your mail? And when people point out, gently and subtly, that maybe this is a bad idea, you just add them to your global suppression list?
Oh. Wait. I know what you’re going to tell me. All of your bad practices don’t count because this was an ‘opt-in’ request. People who didn’t want the mail didn’t have to do anything, therefore there is no reason not to spam them! They ignore it and they are dropped from your list. Except it doesn’t work that way. Double opt-in requests to someone has asked to be subscribed or is an active customer or prospect is one thing. Requests sent to addresses of unknown provenance are still spam.
Just for the record, I have a good idea of where they got my address. Many years ago Strongmail approached Word to the Wise to explore a potential partnership. We would work with and through Strongmail to provide delivery consulting and best practices advice for their customers. As part of this process we did exchange business cards with a number of Strongmail employees. I suspect those cards were left in a desk when the employees moved on. Whoever got that desk, or cleaned it out, found  those cards and added them to the ‘member database.’
But wait! It gets even better. Strongmail was sending me this mail, so that they could get permission to send me email about Email and Social Media Marketing Best Practices. I’m almost tempted to sign up to provide me unending blog fodder for my new series entitled “Don’t do this!”

Read More