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Duplicitous Permission Practices

A debate raged in a meeting last week that I'd love your ideas and feedback on. We were talking about the duplicity found in so many permission practices—particularly in ecommerce sites.

Yes, I know that duplicity is strong word. But consider that most retailer email programs are opt-in—until you buy. Then, it's either a pre-checked box on the checkout form—easy to miss and decidedly opt-out—or worse, it's a notice buried in the fine print. Since these folks are buyers, they are by nature pretty active with the brand and products, so there isn't a huge penalty for this practice in ISP complaints or unsubscribes. In many cases, these buyers are sometimes the most active folks on the file.

So what is wrong with that? I say nothing, if the marketer is clear about it. They no longer have an opt-in permission file. Don't claim it in your promotions or when dealing with ISPs on deliverability. Worse, subscribers have no input into the frequency, content or value of the program—which is easily corrected.

I'd feel a lot better about these practices if marketers also sent a very clear welcome message and gave these buyers some control over their inbox. There was some heated debate that these buyers should be permissioned in via a double opt-in mechanism after the purchase. Personally, I feel that is not necessary if the marketer follows best practices for confirming the subscription with a welcome message that arrives instantly and provides both clarity around the program pace and content and a chance for subscribers to quickly unsubscribe or change preferences. The welcome message is also a great opportunity to encourage another purchase.

Double opt-in (sometimes called confirmed opt-in) is the highest level of permission. Double opt-in will ensure that your subscribers are more actively aware of your program (but not that they will be active—you still need to create relevant, compelling subscriber experiences), but it also pretty much guarantees that you'll have a smaller file. Small but active is a pretty good deal, but it's hard to sell internally. And I think many marketers still resist anything that reduces the size of the file. If you offer any marketer a million records that are untargeted vs. 100,000 very targeted records, most of us will go for the million every time.

We are ever hopeful, we marketers. Someday, we think, that person just might want my product! I can't let go of the opportunity to remind them I'm here, even if they will ignore my email messages.

So what do you think? Is it important or a mandate that marketers double opt-in these buyers?

For purposes of discussion, here is what I'm using to define the four permission levels:

1. Opt-out: The assumption is that you are on the file, until you unsubscribe—usually a pre-checked box or use of a customer file/
2. Single opt-in: The subscriber actively requests to be on the file—usually an un-checked box.
3. Confirmed (or validated) opt-in: After requesting to be on the file, a confirmation email is sent.
4. Double opt-in: After the initial request, a confirmation email is sent requiring a second action to be placed on the file.

—Stephanie Miller

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Comments (3)

Stephanie, as you know, you're hearing a common drum in email marketing: the debate about where to draw the line between business need and distinguished corporate behavior.

Speaking from the client side, the debate is made all the harder if you can't show a business impact for marketing to folks who may not wish to hear from you. We can intuit that sketchy behavior drives opt outs and privacy complaints, creates derogatory word of mouth, reduces trust in our brands or increasing the risk of a CAN-SPAM action. But until we can quantify those issues, the "gimme a million surprised recipients vs. 100K eager recipients" is difficult to counter.

Every good emarketer needs to go the exercise of trying to estimate the value of bad email marketing behavior. And maybe we as an emarketing community could collaborate on it as well.

Posted by Brian Ellefritz | September 17, 2007 3:36 PM

Posted on September 17, 2007 15:36

Luke Glasner:

I too would like to see more marketers/sellers take a more responsible stance with their permission practices. It seems that if I buy something from you once that means you now have permission to hound me to death with emails. It is in their interest for internet sellers to move to at least the Opt-In level, and the Confirmed or Double Opt In level would be even better. I can think of several that I will probably not buy from again because their barrage of emails has annoyed me – even if I have to pay more elsewhere.

Plus by not doing the welcome message they are missing a key time to engage me - by offering me access to discounts or coupons, etc. when I click thru to confirm my email joining their program. If this was targeted well I would buy again right then. Also sometimes I am just trying to get a gift for someone and really have no interest in their products outside of that one time sale. Now that you have hounded me to death with way to many emails, I am going to opt out from your site and not come back because that site is a nuisance instead of a help to me. I'll find that say item elsewhere. Perhaps I will even use a search tool to find it for a cheaper price, ensuring that I never return to your site again. Had you asked my permission and then rewarded me I would not be looking else where for products the seller carries, even if I can get it cheaper, as there is a convenience factor to just clicking through a well targeted email. If you’re good you might even get an impulse buy out of me.

Posted by Luke Glasner | September 20, 2007 12:58 PM

Posted on September 20, 2007 12:58

To me, it is all about *expectations*. Everyone on your subscriber list should know what the emails will look like and how often they will receive them...at a minimum. As email marketers become smarter, they should send to smaller, more targeted lists based on what subscribers want to receive (and a little bit of what marketers want to send).

If you are legally opting subscribers into your list, I don't care if it is opt-in, opt-out, double opt-in, or confirmation. As long as you set proper expectations and deliver relevant content, subscribers will engage, read, click, purchase (and repeat).

*If I buy a shirt from Busted Tees, am opted-in through a pre-checked box, and start receiving boring emails that I am not interested in, I am more likely to unsub and/or complain. However, same opt-in with clear expectations of frequency and content - best delivered via a welcome message - an I am a happy repeat customer.

*I honestly can't remember how Busted Tees handles opt-in. This is just an example.

Posted by DJ Waldow | September 26, 2007 12:20 AM

Posted on September 26, 2007 00:20

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The Email Experience Council's membership includes many of the brightest and most committed email marketing experts. We're pleased to have some of them share their insights here on these pages. Our blog contributors include:

Elie Ashery is the president and CEO of Gold Lasso, and is responsible for the company’s vision and strategy execution. Before joining Gold Lasso, he co-founded Newsletters.com in 1997, selling it to The Tribune Cos. in 2000. He then worked for IncenSoft, focusing on email marketing while there. Read more.

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Nicholas Einstein is director of strategic and analytic services at Datran Media. Specializing in email and CRM strategy, he helps some of America’s top brands leverage online channels to communicate more effectively with their customers and prospects.

Lisa Harmon is a principal at Smith-Harmon, a creative services consultancy dedicated to email marketing strategy and production. She works with marketers to increase clickthrough, maximize revenue, and infuse delight into their email creative. Lisa is also the blogger behind edm.smith-harmon.com, an ongoing commentary on the best (and worst!) in email marketing creative. Read more.

Chip House is ExactTarget's VP of marketing services, leading the teams responsible for client success. He was named to BtoB Magazine’s 2005 “Who’s Who in B-To-B,” for being a vocal proponent of legitimate commercial email and an active lobbyist regarding spam and privacy issues. Read more.

Spencer Kollas is the director of delivery services at StrongMail, helping maximize customers’ email deliverability rates. He was previously director of deliverability services for Premiere Global Services. Spencer is an active member in the Email Sender & Provider Coalition, Messaging Anti-Abuse Work Group, the Anti-Phishing Work Group and, of course, the eec. Read more.

Stephanie Miller is VP of strategic services for Return Path, the leading email performance company. She works with marketers to earn a higher ROI and response from their acquisition and retention email programs—developing content, contact and segmentation strategies, along with testing, measurement and production programs. Read more.

Erick Mott is the director of marketing and corporate communications for Habeas, the leader in email reputation management services. He has a rich background in marketing and communications strategy and execution for such companies as Nokia, MarkMonitor, GlobalFluency, Cisco Systems, Creator Connection, Sun Microsystems, Philips NV, Elm Products and CBS Television. Read more.

Jeanniey Mullen is the Email Experiene Council's founder and the global EVP and CMO of global online publishing company Zinio. She is a thought leader and visionary in the email and digital marketing field. A columnist for ClickZ, she has published numerous papers and is a frequent speaker. Read more.

Charles Stiles is the VP of worldwide business development at Goodmail Systems. In his role, Charles is focused on helping generate a better understanding of the email environment and potential solutions for a better consumer experience. He currently serves as the chairman for the Messaging Anti-Abuse Work Group. Read more.

Jeremy Swift is director of client relations for email service provider BlueHornet. He helped form BlueHornet’s founding team in 2000 and has been responsible for client services and marketing strategy since the company’s inception. Jeremy is known for his ability to articulate technical information in ways that clearly resonate with today’s online marketer.

DJ Waldow is an account manager at Bronto Software. He works with Bronto’s largest clients to help them achieve and surpass their marketing goals. An active member of the email marketing community, DJ posts regularly on the Email Marketer’s Club, publishes a bi-weekly email marketing best practices newsletter, and films BrontoFire.

Chad White is the Email Experience Council’s director of retail insights and editor-at-large. He founded and is the author of the Retail Email Blog, a blog dedicated to tracking the email marketing practices of the largest online retailers. Chad regularly writes major research reports on email marketing and is an Email Insider columnist for MediaPost. Read more.

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