Spam disclaimer of the day

Things are extremely busy here so blogging is not getting quite the attention it should. I hope to return to more extensive posts soon. Meanwhile, you’ll have to put up with short posts. Today is a disclaimer I received in a spam. This is one of my addresses that has, somehow, ended up on UK-specific […]

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Ignoring opt-outs

One of the marketing solutions to the spam problem is just to have recipients opt out. We think that commercial e-mail should always — and I emphasize always — provide for a way for the consumer to say: “I don’t want to hear from you again. One bite of the apple is enough. Having heard […]


Is harvesting illegal under CAN SPAM

This issue comes up repeatedly, as many people have read the CAN SPAM act and believe that CAN SPAM specifically prohibits sending mail to harvested address. This is not how I read the law. The FTC publishes a CAN SPAM Compliance Guide for Businesses that only mentions harvesting in the context of criminal penalties for violations. […]

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Does CAN SPAM apply to individual prospecting emails

Two different people on two different mailing lists asked very similar questions recently. Are people who send individual prospecting emails required to comply with CAN SPAM. My opinion (not a lawyer, don’t play one on TV, didn’t stay at a Holiday Inn last night) is that CAN SPAM does not mention anything about volume, and […]

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Are the new Gmail ads email?

I’ve seen lots of opinions over the last few weeks about whether or not the new ads in the Gmail promotions tab are email or not. Google is using its latest inbox redesign to stick ads in the holiest of places: Right inside your Gmail inbox. Under the promotions tab — one of three sections […]


Ads in the Gmail Tabbed Inbox

One of the features of the new Gmail tabbed inbox is email-like ads placed by Gmail. When you click on an ad, it opens up into a new window, behaving very similarly to an email. People can even forward the email to another person. This new ad type and the placement in the promotions tab […]


Bad unsubscribe processes

We recently renewed our support contract with VMWare. It’s a weirdly complicated system, in that we can’t buy directly from VMWare, but have to buy through one of their resellers. In this case, we purchased the original hardware from Dell, so we renewed our contract through Dell. Dell sends my email address over to VMWare […]

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Papa John’s settles texting suit

Last year a class action law suit was filed against Papa John’s for violation of the Telephone Consumer Protection Act (TCPA) for texts received by Papa John’s customers. Customers allege they never opted in to receive promotional text from the company. Papa John’s claim that they didn’t send the marketing, but instead was sent by third […]

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CAN SPAM ruling against whois privacy protection

A number of bloggers (Venkat B., John L. and Rebecca T.) have mentioned ZooBuh, Inc. v. Better Broadcasting, LLC (No.: 2:11cv00516-DN (D. Utah May 31, 2013)) recently. In summary of the case is that ZooBuh is an ISP that has sued Better Broadcasting for spamming in violation of CAN SPAM. Their case hinged on the […]


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 […]

  • Vague reports of Yahoo problems

    A number of people, on different forums, have been asking if anyone is seeing a higher bounce rate than usual with Yahoo. Not sure exactly what's going on here. As I understand it, folks are talking with Yahoo about it. If I hear anything more, I'll share. For now, though, if you're seeing a small increase in Yahoo bounces (or other weirdnesses) others are seeing something odd, too.No Comments

  • Responsive design just got easier at Gmail

    Today Gmail announced they are supporting media queries in Gmail and Google Inbox. This should simplify the creation of emails for multiple platforms. The full list of supported rules can be found on the Google Developer Site.No Comments

  • Brief blogging break

    Sorry about the unexpected hiatus. I picked up a cold that really made me feel fuzzy and writing was an exercise in futility. I'll be back Monday. Meanwhile, Oracle bought another ESP (Bronto) when they bought NetSuite.  No Comments