CAN SPAM says I can!

the word spam with a checkmark next to it.

Saw a new disclaimer on mail sent to an address harvested off our website today:

disclaimer: This is an advertisement and a promotional mail-in adherence to the guidelines of CAN-SPAM act 2003. We have clearly mentioned the source id of this mail, also clearly mentioned the subject line, and they are in no way misleading in any form. We have found your email address through our own efforts on the web search and not through any other way. If you find this email unsolicited, please reply with “REMOVE” in the subject line and we will take care that you don’t receive any further promotional mail.

Of course, the “we will take care you don’t receive more” is a blatant lie. They always send more. I mean, I guess they adhere to the absolute letter of the law, they never send to the same address. They just harvest new ones.

Then there is the ‘there is nothing deceptive here!’ comment. If that’s true, why is the from address Kimcarter but the message signed by a Matt somebody, Marketing Director? Of course, just 2 weeks ago ago Matt was their Senior Frontend Developer and used the name Glenn Taylor. Before that it was Glenn Taylor, Jim Whitehead, Andrea Sharp, Ryan Heilman.

The Ryan Heilman message is fun. Apparently, Matt’s scraping software had a bit of a burp and was notifying me of problems with my website williamsnickl.com. Yeah. OK. Ryan, er… Matt, er… spammer. Let’s go with spammer.

It did make me smile today when I noticed this particular group of spammers have had to change their sending domain again. Who is going to tell them that having their actual website in the body of the message means changing the sending domain is useless? (not it!)

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TWSD: breaking the law

I tell my clients that they should comply with CAN SPAM (physical postal address and unsubscribe option) even if the mail they are sending is technically exempt. The bar for legality is so low, there is no reason not to.
Sure, there is a lot of spam out there that does not comply with CAN SPAM. Everything you see from botnets and proxies is in violation, although many of those mails do actually meet the postal address and unsubscribe requirements.
One of my spams recently caught my eye today with their disclaimer on the bottom: “This email message is CAN SPAM ACT of 2003 Compliant.” The really funny bit is that it does not actually comply with the law. Even better, the address it was sent to is not published anywhere, so the company could also be nailed for a dictionary attack and face enhanced penalties.
It reminds me of the old spams that claimed they complied with S.1618.

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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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Opting out of “service” messages

A frequent question in a number of deliverability spaces is how to tell if a message is transactional or marketing. In most cases the decision is related to whether or not to respect an unsubscribe request. All too often companies decide that their messages are too important to allow someone to opt-out of. The problem is, in some cases, there is no longer a customer relationship to send notices about.

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