Arguing against the anti-spam policy

Not long ago I was talking with a colleague who works for an ESP.  She was telling me about this new client who is in the process of negotiating a contract. Normally she doesn’t get involved in negotiations, but the sales group brought her. It seems this new client is attempting to remove all mention of the anti-spam policy from the contract. As she is the deliverability and compliance person, the sales people won’t agree unless compliance does.
Her sales team needs props for bringing her in to negotiate a contract where the anti-spam clause is removed.
This isn’t that unusual situation. Many well managed ESPs will include deliverability and compliance personnel in negotiations if the customer indicates they want changes to the language of the anti spam clause.
On the face of thing it seems reasonable for customers to want to negotiate compliance terms. They want to protect themselves from unexpected outages. It seems irresponsible to allow a service provider to have the ability to made such a business affecting decision.
Many folks try to negotiate their way out of anti-spam clauses. Just asking for changes isn’t a big deal. However, some companies push the issue with sales and contract folks to an extreme. They threaten to not sign if the anti-spam clauses are removed completely. ContractForBlog
Threatening a contract over compliance issues can poison an entire working relationship. The fact is that most people who argue about anti-spam clauses and compliance issues are people who have had problems with other ESPs in the past. For better or worse, prospects that try and remove anti-spam clauses from contracts are often problem customers.
On the compliance side, if someone is pushing hard to get the spam clause removed, they think a few different things:

  1. This client has had trouble with other ESPs in the past and possibly been disconnected.
  2. This client thinks they’ll violate our policy and don’t want to be subject to those rules.
  3. This client thinks deliverability is all about the ESP.
  4. This client doesn’t follow even the bare minimum of best practices.
  5. This is going to be a high maintenance customer.

I understand the concern about service interruptions. I understand that email is a critical part of many businesses. But asking for the anti-spam portion of the contract to be struck isn’t going to guarantee your mail will always get through.
Instead of asking for exemptions to the anti-spam policy, you can express concerns about service interruptions and ask to work with compliance to limit the chances of surprise disconnections.
You can, of course, always ask. But beware of any ESP that agrees. What other customers got exceptions? How bad is the ESP reputation?

Related Posts

Clarification on monetizing complaints

There has been quite an interesting discussion in the comment stream of my earlier post about monetizing the complaint stream. I’ve found all the perspectives and comments quite interesting.
There is one thing multiple people have brought up that I don’t necessarily see as a problem. They assert that this idea will only work if all ESPs do it because customers can just say, “Well, Other ESP will let us do this and not charge us.”  I don’t quite understand why this is an issue. Customers already do this.  In fact, sometimes the assertion is actually true.
There are ESPs that let customers spam. There will always be ESPs that let customers spam. This is not new. Changing a pricing model isn’t going to change this.
As I was envisioning the monetization process, ESPs who wanted to do this could actually offer multiple tier pricing. The customer can choose a lower price point for their overall mail program, while assuming the cost of their recipients complaining. Or the customer can choose a higher price point and let the ESP absorb the cost of handling complaints. In either case, the customer would still have to meet the ESP’s standards for complaints and comply with their TOS.
Clearly I’m seeing the idea and industry differently than a lot of my readers. I’m interested to hear the thought process behind this so I can better understand the objection.
 
 
 

Read More

Who pays for spam?

A couple weeks ago, I published a blog post about monetizing the complaint stream. The premise was that ESPs could offer lower base rates for sending if the customer agreed to pay per complaint. The idea came to me while talking with a deliverability expert at a major ESP. One of their potential customer wanted the ESP to allow them to mail purchased lists. The customer even offered to indemnify the ESP and assume all legal risk for mailing purchased lists.
While on the surface this may seem like a generous offer, there aren’t many legal liabilities associated with sending email. Follow a few basic rules that most of us learn in Kindergarten (say your name, stop poking when asked, don’t lie) and there’s no chance you’ll be legally liable for your actions.
Legal liability is not really the concern for most ESPs. The bigger issues for ESPs including overall sending reputation and cost associated with resolving a block. The idea behind monetizing the complaint stream was making the customer bear some of the risk for bad sends. ESP customers do a lot of bad things, up to and including spamming, without having any financial consequences for the behavior. By sharing  in the non-legal consequences of spamming, the customer may feel some of the effect of their bad decisions.
Right now, ESPs really protect customers from consequences. The ESP pays for the compliance team. The ESP handles negotiations with ISPs and filtering companies. The cost of this is partially built into the sending pricing, but if there is a big problem, the ESP ends up shouldering the bulk of the resolution costs. In some cases, the ESP even loses revenue as they disconnect the sender.
ESPs hide the cost of bad decisions from customers and do not incentivize customers to make good decisions. Maybe if they started making customers shoulder some of the financial liability for spamming there’d be less spamming.

Read More

Let's talk CAN SPAM

CheckboxEarlier this week I posted about the increased amount of B2B spam I’m receiving. One message is not a huge deal and I just delete and move on. But many folks are using marketing automation to send a series of emails. These emails often violate CAN SPAM in one way or another.
This has been the law for 13 years now, I find it difficult to believe marketers are still unaware of what it says. But, for the sake of argument, let’s talk about CAN SPAM.

Read More