Following CAN SPAM isn't enough to reach the inbox

One of the top entries on the list of things deliverability folks hear all the time is, “But my mail is all CAN SPAM compliant!” The thing is… no one handling inbound mail really cares. Seriously. CAN SPAM is a law that is little more than don’t lie, don’t hide, and heed the no. Even more importantly, the law itself states that there is no obligation for ISPs to deliver CAN SPAM compliant mail.

15 U.S.C. § 7707(8)(c)
NO EFFECT ON POLICIES OF PROVIDERS OF INTERNET ACCESS SERVICE.—Nothing in this Act shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.

Many companies do list on their postmaster pages that they expect senders to comply with the law. (AOL, Yahoo, Microsoft). But just because email complies with CAN SPAM doesn’t mean it will be accepted or delivered.
Complying with the law is the bare minimum. And the way CAN SPAM is written it’s such a low bar it may as well be lying on the ground. Everyone sending unsolicited mail should be complying with CAN SPAM. But don’t expect the compliance to win you a path to the inbox. That’s just not how it works.

Related Posts

5 Simple Tricks to Reach the Inbox

I saw a post over on LinkedIn today. It was from an ESP, talking about their simple tips and tricks for getting into the inbox. The laughable bit was half the “tricks” had nothing to do with getting to the inbox, but rather were about enticing people to open the mail once it’s gotten to the inbox.
There are no “tricks” to getting to the inbox. There used to be some tricks. But the ISPs figured them out and protect against them.

Read More

Still with the Microsoft problems

We took a quick trip to Dublin last week. I had every intention of blogging while on the trip, but… oops. I did get to meet with some clients, and had a great dinner while discussing email and delivery.

Coming back, I see a lot of folks still reporting delivery problems to Microsoft properties. I’ve been operating under the assumption this was temporary as kinks were worked out after the migration. I’m still pretty convinced not all of the problems are intentional. Even the best tested code can have issues that only show up under real load with real users. Reading between-some-lines tells me that the tech team is hard at work identifying and fixing issues. There will be changes and things will continue to improve.
With all that being said, I think it’s important to realize that delivering to the new system is not the same as delivering to the old system. This is a major overhaul of their email handling code, representing multiple years worth of planning and development inside Microsoft. It’s very likely that not all of the current delivery problems are the result of deployment. Some of the problems are likely a result of new standards and thresholds for reaching the inbox. What worked a year ago to get into the inbox just doesn’t any more.

Read More

That's not how you do it…

Got an email this morning from a company advertising their newest webinar “The Two Pillars of Effective Large-Scale Email: Security and Deliverability.” The message came to a tagged address, so clearly I’d given them one at some point. But I didn’t recognize the name or company or anything. I did a search to seen when I may have interacted with this company in the past.

Looking through my old emails, it appears I contacted this company through their support form back in 2007. They were blocking a client’s newsletter. This is what I sent:

Read More