The Email Delivery Guru
The latest on email marketing delivery best
practices & trends from our resident guru,
Al Iverson, Director Deliverability.
We're beginning our new blog
post series of answering your follow-up questions on Canada's new
Anti-Spam Law (CASL). Today, I'll answer this question:
For financial institutions, is there always implied
consent provided the lead continues to be a
customer?
There's an allowance under the law for an assumption of
permission allowing you to mail existing customers. However, that
exemption expires after a period of time, so you've got to track
these subscribers in a way where you're able to expire them out
after a period of time. Instead of doing that, our recommendation
is to just ask for...
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A special thank you to everyone who listened in on our Canadian
Anti-Spam Legislation webcast on November 15th, with presenters
Neil Schwartzman of CASLConsulting.com and Mickey
Chandler, Senior Deliverability Consultant here at ET, and
myself, ET's Director of Deliverability.
As we mentioned on the webcast, CASL regulations are
still under development and subject to change, so stay tuned for
further developments. We'll be sure to update our clients via the
blog, additional documentation, and probably another webcast or two
as the CASL "go live" date for final regulations and
enforcement comes...
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As
the holidays approach, I think it's a great time to talk about spam
words and phrases that could trigger ISP spam filters and create
deliverability problems for marketers. I've asked my esteemed
colleague, marketing consultant (and deliverability expert)
Josephine Garcia, to weigh in. Here's what she had to
say:
I've often heard that using words like 'Free' and 'Viagra'
will get your email delivered to the junk/spam folder. My response
is, it depends. What does it depend on? It depends on two things:
First, it depends on your sender reputation and second, it depends
on how you use those...
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As of June 29, 2011,
Gmail now displays more authentication-related information to
end subscribers. This means that your Gmail subscriber segment
could possibly become confused by the extra bits of information now
exposed to them. But don't fret -- ultimately, more end user
exposure to email authentication is a good thing -- as it will help
drive better trust and confidence in email messaging.
When you see the Gmail interface telling you that a message was
sent "via" another domain,
Google is explaining that they have
"detected that the
email was sent via another mail service. This means...
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This is not exactly email related -- but I thought I would share
what I've read, as folks have asked about it.
There's a
new EU privacy directive requiring marketers to obtain
"explicit consent" before tracking website visitors using cookies.
The directive took effect on May 25, 2011, but few EU member states
have yet to comply. The Register reports that "
Almost
entire EU now violating Brussels cookie privacy law." Another
article
details how the UK fails to comply.
So, what comes next? It's hard to say. For now, I'd start thinking
about opt-in consent and how that can be accomplished as it...
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Over on his
CASL Consulting blog,
Canadian legal compliance consultant Neil Schwartzman tackles
this question: "
The recent elections in Canada delayed the
publication of the full set of regulations," he
explains. Meaning, the law is not likely to take effect until
early 2012. Still, Neil suggests that "
companies should be
ready to conform to the new law by January 01, 2012, at the very
latest."
Read
more here.
Note: I am not an attorney and this is not legal advice.
A client asked me an interesting question the other day. He
wrote, "I have a question about a clause in Canada's new
anti-spam law, CASL. Specifically, about the clause that states
that marketers need to include the identity of the person who is
sending the email message. If the email is being sent on someone's
behalf other than the sender, the name of that person needs to be
included. How will this affect an agency that is sending on behalf
of one of our clients? Do we have to include our name in the email
campaigns?"
The new law governing spam in Canada, Canada's Online...
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Over the past few days, multiple clients (and indeed, multiple
ESPs) have seen delivery issues when sending to addresses at
Fuse.net. Email attempts are bouncing with the error message,
"553 5.1.8 Domain of sender address (bounce domain) does
not exist." The error is not specific to any one bounce
domain. And it has been seen by multiple email service providers,
meaning that it is not specific to ExactTarget.
We contacted Fuse.net regarding this issue, and they have told
us that as of yesterday, the issue is resolved. They've invited us
to reach out to them if the issue recurs.
ET clients, don't...
Read More »

Return
Path's Christine Borgia writes, "
We have confirmed with both Gmail and Hotmail that
they made recent updates to their filters."
We're not seeing anything too widespread here at ExactTarget, but
there have been a few instances where a client's mail may be going
to the bulk folder at either ISP now, but it wasn't
before.
What's the fix? The ISPs don't ever tell us exactly what
they've changed, so we can't tell you EXACTLY what to do to fix it.
But what we can tell you is that ISPs are looking closer and closer
at senders, trying to find ones who don't follow permission best
practices or...
Read More »
Today, a client called in, asking about SMS
legal compliance. Specifically, what’s out there that explains what
the rules are as when it comes to SMS (short message service – aka
text messaging)? Here’s a very brief roundup.
Turns
out, the law is pretty straight forward when it comes to
unsolicited SMS messaging. The courts have repeatedly held that the
TCPA (Telephone
Consumer Protection Act) prohibits unsolicited SMS messaging.
There’s also effectively a private right of action – meaning that
individuals can sue you for SMS spam. (In the email world, in the
US, only an ISP or state attorney...
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On December 15, 2010 Canadian
Bill C:28 was signed into law. As
Return Path is reporting, final details of the
regulations will be published in January, but here's what we know
so far.
Unofficially named "
Canada's Online Protection
Legislation," (
according to CAUCE) the law covers permission
and best practice requirements related to commercial email
messages. It is written in such a way that it likely covers other
types of electronic communication, including instant messaging, SMS
and social media-related communication.
This is an opt-in law, but don't be alarmed. It
does not establish some...
Read More »
The new Social Inbox platform from Facebook is very new. There are
so many unknowns that it makes it hard to provide any substantive
advice on what clients and other savvy marketers should be doing or
watching out for. For now, allow me to share with you a roundup of
first thoughts on the new Facebook messaging platform from a
variety of smart folks.
David
Daniels of the Relevancy Group offers a
clear and consise overview of what Facebook announced during
launch. Highlights include rich media/attachment support, relevancy
control and control over message threading.
Over on
ClickZ, Christopher...
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Please Join Me “
The Emails You Don’t Support Could Hurt You” Webinar
Nov 17, 11:30-12:30pm ET
I’m excited to join Elateral, an ExactTarget partner, to explore
how global enterprises can ensure world-class marketing
capabilities from creative to compliance to delivery through the
Elateral demand center.

I’ll be speaking with Paul Goater, CEO of Elateral. The Elateral
team works with global brands such as Coca-Cola, SAP, Motorola, and
Symantec by streamlining their marketing efforts through channel
partners with targeted and branded campaigns. My portion of the
presentation will discuss the...
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Facebook
announced their new messaging system today, incorporating
elements of SMS, instant messaging, and email messaging. The
"Social Inbox" is a big component of this new functionality, and
Facebook's goal is to make it feel like a conversation.
Facebook was careful to tell us, "This is not an email system."
Email is a component, sure, but they aren't expecting everybody to
go home tonight and shut down their Yahoo account. This is
a new platform, Facebook tells us, to enable more
direct IM-like one-to-one communication.
The Social Inbox is probably the feature that is
likely to have the...
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Cable
internet provider Road Runner is alive and kicking. They're
still out there, they're still a huge inbound mail receiver, and
they're still hosting a whole bunch of mail boxes.
But, remember, these domains are no longer valid domains for Road
Runner users: jam.rr.com, midsouth.rr.com, mn.rr.com,
se.rr.com, sport.rr.com, swfla.rr.com, ucwphilly.rr.com and
houston.rr.com. As I mentioned way back in 2008, all
email
service at those domains was retired by Road Runner, usually
because they sold some given market to another cable provider, such
as Comcast.
Addresses at these "dead domains" will...
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This article from the CTA Tattler blog
points out that Chicago Transit Authority (CTA) bus
riders who use US Cellular are currently unable to obtain bus
tracking info via SMS. The issue supposedly relates to a
problem with the CTA's SMS partner, TextMarks.

Reading between the lines, I wonder
if perhaps there is a spam blocking issue here. Maybe this
specific carrier is unhappy with some practice the CTA is
engaged in, or perhaps some other TextMarks client has done
something that raised the carrier's ire and resulted in them
blocking all text messaging functionality between the carrier and
the...
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I'm
already a huge user of Gmail, and a huge user of Gmail's filters
and labels. So, I was very curious to learn how this new
Priority Inbox functionality would impact my Gmail experience.,
as well as (obviously) wondering exactly how this will impact
email senders.
Here's what a few other folks have had to say about it.
Read More »

Someone asked me the
other day,
"Can you help me understand where in CAN-SPAM it
says that it is illegal to buy lists?"
CAN-SPAM doesn't prohibit list buying or email append. ISPs and
spam filterers hate it, because their users hate it. If you're
buying a list or engaging in email append, your spam complaints
spike, because permission is poor. Smart receivers notice this
spike in spam complaints, and use that information to identify
which senders they don't want to accept mail from. Don't believe
me?
Ask
Cloudmark. Don't believe them?
Ask consumers themselves.
ISPs may not always be loud and...
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Chip
House:
"[ExactTarget's 2009] list growth survey showed
[that tactics like append, list rental and purchasing] produce low
quality names, and since permission is not in place, mailing to
rented, purchased or appended names can do significant harm to your
deliverability, brand and ROI. Don't kill the goose to get
the golden egg. Your core program can really suffer when
you try to grow your email list campaign unreasonably quickly using
these tactics."
So if you can't do email append or buy a list, how do you grow your
subscribe base? Chip House has
tips for you here.