It’s not marketing… it’s harassment

Many years ago, we bought a VMWare license to manage the various virtual machines running our business infrastructure. As part of our move to Dublin, we decommissioned our cabinet and moved all of services into various bits of the cloud. This meant that when our VMWare support contract came up for renewal we declined the renewal.

Despite no longer being customers and unsubscribing from email, I’ve had ongoing problems getting VMWare to leave me alone. They keep sending me email, despite unsubscribing through various channels. I’ve clicked on links, I’ve responded to emails. This is what my outgoing mailbox looks like when I search for @vmware.com:

What prompted the search was yet another email from VMWare this weekend:

The documentation of our refusal to renew our VMWare support contract was completed over the summer. VMWare was extremely persistent in their emails then, too. We were asked to fill out multiple pages of documents, to ‘prove’ we were no longer using VMWare software. Even after we provided written assurances we were not using VMWare software they continued to send mail, telling us that the mail was automated and there was no way for them to stop us from getting it. That’s OK, we can stop the mail, and the address doing the harassment was the first email address fully blocked on our mail server.

This mail from VMWare is no longer marketing. This is, in fact, harassment. I’ve asked repeatedly for VMWare to stop contacting me. I even have a note from June of 2013 marking I requested unsubscription from their lists on 6/24. I don’t record all of my unsubscribes, only the ones where it seems I’ve asked before and they won’t stop.

CAN SPAM, and many other laws, say that a company has to stop sending email when the recipient opts-out. I’ve opted-out, but continue to receive email with little recourse other than expanding the block to all mail from VMWare. I really hate doing that, but as they appear to be unable to accept an opt-out, we may have no other choice.

Trust me, if we decide to use VMWare for virtualisation I know how to reach them.

Related Posts

Logging in to unsubscribe

I have been talking with a company about their unsubscribe process and their placement of all email preferences behind an account login. In the process, I found a number of extremely useful links about the requirements.
The short version is: under the 2008 FTC rulemaking senders cannot require any information other than an email address and an email preference to opt-out of mail. That means senders can’t charge a fee, they can’t ask for personal information and they can’t require a password or a login to unsubscribe.
I’ve talked about requiring a login to unsubscribe in the past here on the Word to the Wise blog.
Let them go
Questions about CAN SPAM
One click, two click, red click, blue click
How not to handle unsubscribes
I’m not the only person, though, that’s written about this.
The FTC has written about it in the FTC CAN SPAM Compliance Guide for business

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Opting customers in to new programs

Recently, I started getting “1 sale a day!” emails from buy.com. I’ve made purchases from Buy in the past and generally have been content to get emails from them. They’re not always relevant, but hey, it’s relatively non-intrustive marketing.
When they started this new program, they just started mailing: no warning, no introduction, nothing. So I decided to opt out of this mail.
Buy.com has a preference center, and while I was there, I opted out of all email marketing. Why? Because a company that is going to randomly add me to new (daily!) marketing lists is a company I don’t trust any more.
A lot of folks have complained about Amazon doing the same thing. Amazon started a daily deals program and opted in a lot of people without warning, without introduction and without permission.
I get why companies do this. It’s a lot easier to ask for forgiveness than permission. It lets them sell things to people who might never opt-in to that program. And in many areas of direct marketing, consumers have no rights to make the marketing stop. They have no tools to make the marketing stop.
Email is different from many direct marketing channels, though. Many consumers have the tools to make mail stop (filters, this is spam buttons, changing their email address completely) and they do take advantage of them.
Given a marketers job is to extract as much revenue from customers as possible, they can’t respect recipients. They have to treat them as money dispensing machines. But at least in email recipients have some ability to opt-out of the transactions.

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Does CAN SPAM require multiple opt-outs on emails?

Today’s Wednesday question comes from M. B.

My company sometimes sends mail to our list on behalf of 3rd parties. A recent 3rd party told us that CAN SPAM requires the email contain their opt-out link as well as ours. Is this correct?”

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