This is what she said…

Spam filters normally relay on two main methods to determine if an email could be spam, the first is that they simply look up your SMTP server in one of the many online backlist databases.

The second involves scanning the email contents to look for a number of possible spam criteria which are each given a score based on how commonly they are used in spam email. The email is then given a total score, which if exceeds a predefined threshold, the email is considered spam. Depending on the individual configuration, the email may be placed in a spam folder or deleted.

There are many things that can contribute to a higher score such as the use of HTML to format the email, images, links and commonly used spam phrases (buy now, viagra, etc)

The safest thing to do is make sure you’re only sending plain text, with no links or images, to one recipient, from a trusted SMTP server. But that’s not always possible unfortunately.

During my talks I offer people an opportunity to receive one of the many marketing booklets I’ve written. I explain that they are sent without obligation and that I will not be adding people’s names to any list. However clearly I think I’ve explained this, however clearly I explain that I expect the same courtesy, every time I do a talk, someone in the audience writes to me telling me they have added me to their list or does it without telling me.

The same happens when I go to small business networking functions when someone who collects my card adds me to an email list assuming I want their information.

It’s never an accountant or lawyer, never a tradesperson, almost always the person is in the health and wellbeing industry, or is a coach. Almost invariably, they are business newbies or in transition from employment to self-employment, and have an opinion that everyone needs their information.

I don’t have any issues with someone writing to me asking to meet or offering their services. That’s reasonable commercial communication and gives me the choice of accepting or declining. Likewise, it’s perfectly OK if the email promotes a newsletter about a specific topic, inviting me to subscribe if interested.

What I have issues with is an assumption that I want to be on their list. Most people resent being forced to do something, it creates antagonism and they feel awkward in voicing an objection. If something is offered and accepted through choice, there is a far higher likelihood of a positive response and for a financial transaction to result.

What’s worse is when the Unsubscribe mechanism is manual or isn’t clearly defined and the experience is made more stressful when the list owner writes indignantly to ask why you unsubscribed.

Adding people to your list without their permission is not good commercial practise and in fact can end you in unnecessary legal strife if someone complains. Could I refer you to an article I wrote on the topic – http://mediaglue.com.au/2009/05/the-perils-of-email-marketing/ and to think twice before adding me to your list.

If you’re looking for a good, relaible email broadcasting platfor, I encourage you to you investigate AWeber.

Oh, and for what it’s worth, in over 12 years online, I have never added anyone’s name to any of my lists.

Today I’ve been the recipient of two examples of poor email broadcast management.

The first from a company in Brisbane who open cc’d close to 100 people with a very poorly worded broadcast message (the list may have been scraped from LinkedIn) thanking them for their “support”. I don’t know why the hell I’m being thanked for supporting them, I’ve never heard of them, never mind done business with them…

Several people on the broadcast list complained, openly copying everyone on the list and the receptionist from the company sent a poor apology blaming an intern for the error. That only served to ignite the recipients and I’m sure that by tonight, someone at the “digital native” company will have had their butt well and truly kicked. There are at least 100 people who will now see this company in a poorer light.

The second was a broadcast from a consultancy firm advising me about proposed Government changes to contractor legislation. Unsolicited, unrequired, irrelevant to me.

Why do people continue to do this; broadcast to people other than customers or those who have requested the information?

It doesn’t just apply to email broadcasts either, it’s becoming commonplace on social media sites as well.

Please would people learn that there are protocols…

Not funny.

Please note: I am NOT condemning anyone from sending commercial emails soliciting business. Far from it. Like everyone else, we do that and so should you. It’s no different to using direct mail. What I am criticising is being uploaded to a broadcast list and receiving mass broadcasts.

If You’re Using Email As A Marketing Tool, Then Failing To Read This Could Cost You Thousands.

Due to the enormous levels of email abuse by the unscrupulous, Governments both here in Australia and overseas (especially the USA) are legislating against unsolicited emails, commonly know as SPAM.

“SPAM” mail is the practice of sending massive amounts of e-mail promotions or advertisements (and scams) to people that have not asked for it. Spam mail is controversial and there are many levels of definitions for it. Many times, spam e-mail lists are created by “harvesting” e-mail addresses from discussion boards and groups, chat rooms, IRC, and web pages.
(Source: Pugmarks)

Many business owners recognise these tactics as unacceptable but fail to see one common practice in the same way.

What is that practice?

It’s when you meet someone, take their card and add their name to your email broadcast list, sending them promotional material without their permission. While you may not think this to be a serious offence, let me tell you a true life story that happened just this week.

A client of mine had a stand at a trade show. On the stand they ran a competition offering a substantial prize. To enter, you had to place your business card into the entry box. On the front of the box was a clear and distinct message saying, “By entering this competition, you agree to receive promotional material about our upcoming events”

Hundreds of people entered. Over the next few days, the client transferred the entrant details into their database and began sending promotional materials. All was going smoothly until this email arrived (names changed to protect their identities)

Hi Graham

I would just like to point out we did not stop by your stand and provide our contact details or request to be sent any information. Our details must therefore have been obtained from our stand

Therefore the 2 emails you have sent regarding your business constitute SPAM and make you potentially subject to heavy fines under the Australian Anti SPAM laws. Please remove us from you mailing list until such time as we specifically request to be added to it

In addition your failure to provide an Opt Out facility in your emails is a further breach of the Anti SPAM laws, again leaving you subject to a fine

Best regards

Paul

Graham doesn’t know how their card got into the entry box. He states quite categorically that he didn’t put it there himself. We can only assume is was put there by a third party whoever that was and for whatever reason, we don’t know.

Several emails were exchanged until fortunately an apology was accepted.

Think it won’t happen to you? That the legislation doesn’t have teeth? Think again!

“The Australian Communications Authority (ACA) has taken action against a spammer in the first case to be brought under Australia’s Spam Act.

“Spammer Wayne Mansfield, listed in Spamhaus ROKSO database, is charged with sending at least 56 million commercial emails in twelve months after the Spam Act 2003 commenced in April 2004. Most of the messages are believed to have been unsolicited and in breach of the Act.

“The article continues to explain the apparent legislative breeches and says,
Penalties for contravention of the Spam Act can be up to $220,000 per day for first-time corporate offenders and up to $1.1 million per day for repeat offenders. Profits can also be forfeited and compensation paid to victims.
(Article source: Spamhaus News)

Other articles on the site reveal how infringements in other jurisdictions have led to fines and jail sentences.

I urge each and every one of you to seriously consider your email newsletter transactions. In my opinion, using Outlook or any similar software to distribute broadcast emails to any list is fraught with risk.

Any person with any form of grudge against you can, and is likely to, report you for sending unsolicited emails. When your host gets wind of any complaint against you, your account may be frozen, leaving you without both emails and a website. Worse still; some hosts will simply delete you. Even your Domain name is at risk.

We all know that building a database of prospects and customers and keeping in touch with them is an effective, easy and inexpensive method of doing business. Done right it can be highly profitable. Making a mistake can be very costly as you have seen.

The anti SPAM legislation has serious implications for all email list owners, from the largest of businesses down to your local bridge club or your netball team.

I’m sure that you, like me, receive all forms of unwanted emails promoting all kinds of weird products we don’t want, don’t need, would never buy or even imagine using. The legislation is designed to catch those people, not innocent people like Graham. Inevitably though, the errant ways of the few will lead to restrictions for the rest of us.

Here’s what we suggest you do to minimise your risk:

• Never add anyone’s name to your broadcast list yourself
• Make absolutely sure that any and all outgoing broadcast emails clearly state your full Company name, address and contact information including the phone number
• Make absolutely sure that you provide an automatic Unsubscribe process. Simply saying “To unsubscribe, please send a reply email with the word ‘unsubscribe’ in the subject line” is clearly insufficient
• Provide a “Subscribe” facility on your website to allow interested parties to add themselves to their list. Add a privacy statement to the effect that their email details will be kept confidential
• Use a double opt in process even for those who voluntarily add their own names to your list. Double opt in means that after they have subscribed, they don’t receive any information from you until they have confirmed their subscription. Sure, some will chose not to confirm you didn’t want them on your list anyway so it’s of no concern.

One other point – today, more and more Australians are using html email templates for their newsletters. There are some problems with this; allow me to elaborate…

• Many host servers, particularly in the Corporate world, block html files meaning that your message goes unread
• Often your graphics won’t display meaning that your logo and parts of your message are lost
• Html files use more bandwidth than plain text files and some domestic users may block your messages because they have an adverse impact on their service fees
• They generally don’t result in traffic back to your website, meaning that your search engine rankings don’t benefit from the potential traffic such messages can generate.

Better instead to send a simple plain text message with a powerful subject line with a few lines of content that encourage the reader to click through to your site where you article or offer can be read and where you carefully take your reader to your required course of action.

If your email service provider doesn’t provide all of these facilities, change providers immediately. Stop sending broadcasts and download your data from their service for safe keeping. Look straightaway for a more professional service.

What you’re looking for is an autoresponder; preferably one that can manage several lists and one that has both serial and sequential capabilities. Autoresponders are masked under several glamorous names such as Email list managers, or Ezine blasters; let me tell you that they all do the same job.

Let me explain the two terms serial and sequential for you:

• A serial autoresponder manages subscription lists. Just like when you subscribe to National Geographic and you receive copies starting from the next edition, a serial autoresponder adds you to an existing list and sends whatever comes next.
• A sequential autoresponder always starts your subscription from edition 1 and sends each edition to you at pre determined intervals. Highly relevant as an enquiry follow up from a website.

Another point to consider is ongoing costs. It staggers me that Australian businesses are prepared to pay through the nose for such programs.

It’s not unusual for an Australian autoresponder to charge you a fee per 1,000 records stored plus a second fee per 1,000 emails sent. I did the maths recently and found that, if using a typical Australian product, I would be paying in excess of $500 per month for emails to my International database.

That’s ridiculous by comparison with the service I use. I pay just $US19.95 per month irrespective of how many emails I send, how often I send them and how many people I send them to.

The autoresponder I highly recommend is AWeber. Highly reliable, versatile and darn near bullet-proof.

Note: This article does not constitute legal advise. We recommend you consult with your lawyer for a detailed review of your rights and liabilities under this legislation. You should be especially cautious if you have US subscribers on your list.