Unsubscribe means unsubscribe

But, unfortunately, some senders don’t actually think unsubscribe means stop sending mail.
Today, for instance, the nice folks at The Container Store sent me an email with an “important update to my POP! account”

Yes, that’s an address I gave them. But I don’t have any record of setting up an account. I was on their mailing list for all of 4 emails back in November 2016 before unsubscribing. But, they’ve decided they can email me despite my unsubscribe request.
They’ve cloaked this as an “Important Account Update” about some account I don’t have. In fact, when I go to their website and try and see what this oh so important account is about they tell me:


I understand legitimate account notifications might be an acceptable excuse to send mail even after the recipient opted out. This, however, was done extremely poorly. There is no record of the account that they are sending me information about. Neither the company nor I have any record of this account of mine.
At a minimum the emails should have only be sent to the folks that actually had an account. But, they weren’t.
I also have some issues with a company requiring recipients to accept email in order to continue using reward points. As a recipient, if I wanted what they were offering I might go ahead and continue receiving emails. But, I might not. It would all depend on how aggressive their email program is and how good the rewards are. As a deliverability consultant, this strikes me as a great way to create a mailing list full of unengaged users. Unengaged users lead to spam foldering and eventual failure of an email marketing program.
Whatever some executives think, and having been in this industry for a decade and I half I’m sure this is coming from the top down, this is not a good way to build an email program. You really can’t force folks to accept your email. ISPs are too protective of their users to make that a viable strategy.

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Letting people stop transactional mail

The question of putting unsub links on transactional messages came up on multiple lists recently. As with any question that has to do with email and controlling it, there were a lot of different opinions.
A number of people believed that transactional mail should never, ever have an unsubscribe. Their argument was that transactional mail is too valuable to allow recipients to unsubscribe from it.
Other people argued that the recipient should always be able to stop mail and that an unsub link was important, even in transactional mail.
A third group pointed out that under CASL transactional mail to Canadian residents may have to have an unsub link, even if the sender doesn’t want to add one in.
As with most questions, I don’t think there is necessarily a single answer for every mailer or sender.
There are absolutely cases where transactional messages should have an unsubscribe. Twitter notifications and Facebook notifications are just some of the examples of mail a lot of people just want to stop.
But should companies allow recipients to unsubscribe from receipts? Some people feel very, very strongly that recipients should never be allowed to unsubscribe from receipts.
The problem with that stance is it ignores the fact that people don’t always correctly type their email addresses and end up giving the address of another person as part of a purchase. Al found a report at the Consumerist where someone is getting flooded with receipts for Nook books she’s never purchased.
This isn’t the first time this has happened, not by a long shot. In fact, in the past year I negotiated a Spamhaus delisting for a very large company that wasn’t confirming email addresses of their customers. This company sells a service that sends email alerts triggered when certain actions happen. Because they were not confirming their customer’s email addresses, they ended up sending alerts to spamtraps. The alerts triggered a SBL listing.
I don’t think that the Nook owner or the alert purchaser are actually malicious or that they purposely gave the wrong email address to their vendors. But it happens, and it happens not infrequently.
What do I recommend?
Transactional mail that is only ever a single event and where that address is not associated with an account don’t need to have an unsubscribe link. If it’s a one-time email, then it’s OK to not have an opt-out link. It’s OK to have an opt-out link, but not necessary.
Transactional mail that’s associated with some sort of account should have a process in place to make sure that mail is going to the right person and if it’s not, that the wrong person can make the mis-directed mail stop. There are multiple ways to do this. One is to confirm the email address associated with the account during the account creation process. Or you can allow anyone receiving the mail to click on a link and opt-out of receiving mail.
Whatever it is, it needs to be effective and protect everyone involved. Requiring the victim recipient to hand over a bunch of personal information, like Virgin Mobile does, helps no one. Continuing to send purchase receipts to an unrelated third party is poor business practice, particularly when you’ve been informed that this is the wrong person.

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Want some history?

I was doing some research today for an article I’m working on. The research led me to a San Francisco Law Review article from 2001 written by David E. Sorkin. Technical and Legal Approaches to Unsolicited Electronic Mail (.pdf link). The text itself is a little outdated, although not as much as I expected. There’s quite a good discussion of various ways to control spam, most of which are still true and even relevant.

From a historical perspective, the footnotes are the real meat of the document. Professor Sorkin discusses many different cases that together establish the rights of ISPs to filter mail, some of which I wasn’t aware of. He also includes links to then-current news articles about filtering and spam. He also mentions different websites and articles written by colleagues and friends from ‘back in the day’ discussing spam on a more theoretical level.
CNET articles on spam and filtering was heavily referenced by Professor Sorkin. One describes the first Yahoo spam folder. Some things never change, such as Yahoo representatives refusing to discuss how their system works. There were other articles discussing Hotmail deploying the MAPS RBL (now a part of Trend Micro) and then adding additional filters into the mix a few weeks later.
We were all a little naive back then. We thought the volumes of email and spam were out of control. One article investigated the effectiveness of filters at Yahoo and Hotmail, and quoted a user who said the filters were working well.

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Outreach or spam?

This showed up in my mailbox earlier today:
Pluckyou
The tweet in question
pluckyou2
From Crunchbase: “Pluck is an email prospecting tool that gives you the email addresses of the people tweeting about subjects related to your business.”
Prospecting: another name for spamming. Look, I know that you want to sell you’re newest, greatest product to the world. But just because I tweet something with a # that you think is relevant to your product doesn’t mean that I want to get your spam. I also know it’s hard to get attention and find prospects; I’m a small business owner, too and I need to market my own services. But spamming isn’t a good idea. Ever.
There’s been a significant increase in this kind of spam “to help your business” lately. It’s a rare day I don’t get something from some company I’ve never heard of trying to sell me their newest product. It might be something if they tried a contact or two and then went away. But they’ll send mail for weeks or months without getting an answer. Look, silence IS an answer and it means you need to go away and leave your prospects alone.
Unfortunately, there are services out there that sell a product that let you “automatically follow up” with your prospects. Pluck up there uses one of them, as that’s who’s handling all the links in the message. In fact, if you go to the bare domain (qcml.io) they talk a good anti-spam game. “Die, spammers, die.” I reported the message to them. I’m not expecting them to actually do anything, and I’m not expecting a response.
It’s just spam under another name. There’s no pretense that it’s anything else. Even if it’s sent in a way that makes it look like a real person typed the message, like QuickMail offers. “All emails will come straight out of your personal inbox as though you typed them yourself.” As if you typed them yourself.
The worst part is there’s no real way to stop the mail. I can’t unsubscribe. The companies selling the software don’t provide any guidance to their customers about what the law requires. Take the message from Pluck that started the post. It violates CAN SPAM in multiple ways. Moreover, the address they used is not publicly associated with my twitter handle, which means they’re doing some harvesting somewhere. That means treble penalties under CAN SPAM.
I could reply and ask them to stop mailing me. I’ve done that a couple times with a message that says, “Please don’t email me any more.” I’ve got to tell you, some people get really mad when you ask them not to email you. Some just say yes, but others are really offended that you asked them to stop and get abusive. It’s gotten to the point where I don’t ask any more because of that one person who decides to harass, threaten and scream at me. Sure, it’s maybe 1 in 5, but I don’t have the time or energy to figure out who is going to be receptive and who isn’t. I don’t have time for that. No one has time for that.
I’m expecting that filters are going to catch up eventually and these types of mail will be easier to filter out. Until then, though, small business owners like myself are stuck in a place where we have to deal with spam distracting us from our business. At least I get blog content out of it.
 
 
 

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