• Scope:  CASL covers not just anti-spam, but also anti-malware, anti-hacking, and through related amendments to other legislation, control of content and misleading information, as well as privacy of personally identifiable information (PII) (harvesting, dictionary attacks).
• Application/Jurisdiction:  CASL covers any message sent from or accessed by a computer in Canada (regardless of where the sender is located).  We are talking about all electronic messaging – email, instant messaging, SMS, social – plus anything new that comes along.  (Fax and voice are covered by Canadian do no call regulations.)
  1. Note that there is no minimum number of messages. So sending one message is enough to put you under jurisdiction of the law.
• Coverage:  CASL applies to commercial activity, defined pretty broadly.  For example, Brown said in the webinar, if you are promoting a person who normally promotes a product or service or business opportunity -  even if you are not specifically promoting that product, service or business opportunity in the message -  then your message is covered.  
  1. Note also that any message sent to seek consent is considered commercial – so you can’t send a request for consent. There are no exceptions for research studies, for example. “This will have to play out in the courts in deciding what is ‘commercial,’” Brown said.  “I would not be surprised if this was challenged.” As the law is enforced, Brown says, we will have more guidance on what is considered “commercial” under the Act.

1. Prior consent – defined as either express or implied.  Both are acceptable for all situations and of equal value.  (Implied does expire, though.)
   
   a.    Express: Must include clear notice and the provision of a set of prescribed info from subscribers when providing consent.   The owner or any authorized user of the email address must give the consent.
   b.    Implied:  The Act deems implied consent when there is an existing business relationship (e.g.: a customer who has purchased in the past two years, or if there is a contract or a subscription which has been active in the past two years.)
   c.    Once consent is implied (e.g.: a purchase), you generally have two years to send messages in compliance (or obtain an express opt in).  An express consent never expires, and is valid until the individual withdrawals consent.
2. Information
   
   a.    Must include contact information for the sender and the subscriber.  It is not clear in the law what this must include.
   b.    Regulations are expected to define this further.
3. Unsubscribe
   
   a.    An unsubscribe opportunity must be provided in all messaging and be available for  60 days post delivery.
   b.    Unsubscribe requests must have no cost, and use the same means by which the message was sent (unless impractical), either via replyto: or a link.
   c.    Must be processed “without delay” (and within 10 days) with no messages sent after the request.  This aspect may also be defined further with regulation.  “Senders must be able to demonstrate that you put forth a best effort to act on unsubscribe requests quickly, with the intent to stop messages,” Brown advises.

1. Check your lists. Do you have consent – and evidence of consent?  The burden is on the sender to prove consent.
2. Check location of subscribers where possible.  The law doesn’t care what the domain of the address is, or if the sender has a clue where the recipient is.  If the message is received on a computer in Canada then it applies.  If a sender does make an attempt to gather this data, This may be a factor in exercising the due diligence defense, where no one can be charged if they have shown due diligence to comply.  “Be sure you have a business objective in NOT complying with the Canadian legislation,” Brown says.  Note that reconfirmation of some permission grants may be necessary.
3. Watch for regulations re: content of messages. The regulations will clarify the information required when obtaining consent as well as when sending a message.

• Liability of service providers.  Telecom/ISPs are generally going to be exempt from liability under the anti-spam provisions where they merely provide the telecommunications service allowing the message to be delivered. However, it’s not clear if this applies to email delivery service providers.  “If you are merely providing a ‘do it yourself’ service and the customer manages the list and the unsubscribe, then it may be that the delivery provider is covered under the Telco exemption,” Brown says.  “This may be different if you offer a full service offering.”
• Ownership of the message, for example, placing ads in an editorial newsletter or providing the name of the email delivery vendor in the message itself is not directly addressed in the law.  “In my view it doesn’t make sense from any perspective to say that the ESP is sending on your behalf, for example identifying the ESP in the message,” Brown says.  There were a number of comments on this as the regulations were reviewed this past summer, and Brown hopes that some clarity will be offered in future revisions.
  1. This brings out the question of where an agency or service provider is vulnerable by trusting their client.  If the agency or ESP sends unsubscribe data to the sender, is the agency responsible if the client doesn’t take action?  “The law is broad, so if you are aiding or causing company to avoid compliance, then you are potentially responsible.  The way to manage risks like this is to inform your customers of their obligations, make sure you have the appropriate language in your agreements, and ensure the relationship agreements are clear who is taking responsibility for managing unsubscribes requests,” Brown advises.
• Transactional messages.  The legislation does not refer to “transactional” messages.   The law does cover some types of messages that could be considered transactional (e.g.: service notices or warranty information).    The law states that these types of messages require an opt out.  “This somewhat confuses the issue, by listing out messages that, in many cases, are likely not commercial electronic messages and therefore not covered by the Act to begin with,” Brown explained.
•   Point of Sale.  What if you ask verbally for consent at the POS?  Brown says that the original draft regulations from the summer declare that consent must besought in writing only.    However, this may be removed based on the amount of comments against it. “I would like to think that if you are entering this into a system form, and there is a date stamp, that this would meet the evidentiary burden under CASL,” he says.
  
  1. There is no legal requirement to send a follow up message, but “It’s always good idea to remind people of their subscription and why they have provided consent.  It’s more of a relationship issue than a compliance issue,” Brown says.
•  Is list rental dead?   A properly compiled permission based list is quite valuable, and the law does not forbid the rental of them.  “It’s not dead, but CASL places a higher onus on list owners and senders to make sure it’s done properly,” Brown says.
  1. The act of appending is not covered under CASL. It is likely covered under privacy laws, particularly if you are making changes to PII footprint without consent.  There may be some situations where appending data is allowed under CASL.   If you have a business relationship – e.g. purchases in the past year – then this append may be in compliance with the CASL legislation.
• Mobile Access.  No one anticipates that certain one-off situations will be covered under CASL (e.g.: a US citizen goes to a coffee shop in Toronto and checks his Gmail account).  Brown expects that the government also did not intend to the law to apply to Blackberry users worldwide when accessing email (e.g., through RIM servers located in Canada).   “I think the intention is not to apply the legislation so broadly,” he said.  It’s not clear how data centers for companies that are not Canadian based will be treated – although Brown expects that they will need to comply just as if the entire company was based in Canada. Messages sent from those centers will be “Canadian” under this law.

• Deliverability
• Segmentation
• Sourcing
• Measurement
• Automation
• Brand

1. Depressing your sender reputation due to high complaints (which limits your email marketing opportunity for all subscribers by limiting access to the inbox) – this could be a drop in inbox placement of 10% - 50% of your file every time you mail;
2. Churning your file – people who leave by complaints, unsubscribe or filtering – and need to be replaced at some cost per subscriber;
3. Lower loyalty of good customers by bothering them with irrelevant promotions – the cost of this could be a penny a person or it might be higher depending on the type of brand relationship you need for your business;
4. Losing the opportunity for future email marketing because they unsubscribed, complained or are just ignoring you from now on.

Sometimes email is too inexpensive for our own good.  It sure is tempting and certainly is very easy to send too frequently or assume permission or "just mail that generic sale notice/product announcement to everyone."  

Now, I get a lot of postal mail that is not that interesting to me.  And surely most of the tweets I see are not that relevant.  Even search results can be off target.  Yet, there is a penalty for not respecting and delighting our email subscribers that does not exist in other direct channels:  It's called the "report spam" button.  Even a small number of those spam complaints will get all your messages blocked by the ISPs like Yahoo!, Gmail and Hotmail, as well as corporate systems. 

It happens to the best of us.  Turns out that, despite all we've learned about email marketing best practices and the rules of engagement  for getting past the spam filters, the average inbox deliverability is still only about  80% according to a new Return Path study.

Leaving 20% of your marketing messages on the spam pile is like leaving 20% of your revenue behind.  Don't stand for it.  Complacency or thinking that "it's the other guy" is just not valid.  This study looks at commercial senders like you and me – branded companies with permission grants and a desire to do the right thing.  And we still lose an average of 20%!

The good news is that averages can be beat.  Respect your subscribers, curb your frequency, target and customize, keep your list clean, authenticate, process bounces correctly and maintain a solid infrastructure.  You will lower complaints and improve your inbox reach.  When you reach the inbox, you can earn a response and revenue.

- Stephanie Miller, VP, Market Development, Return Path, Inc.

The internet was designed to be a free exchange of information wherein anyone, upon a loose framework mainly having to do with networking and rendering capabilities, could join, share and digest what they wanted. Email was developed as a predecessor to the internet.  Again, one in which, as long as you had the most basic SMTP compliancy between networks, messages would be handed off between point A to B.

Today, email has turned into a monumentally powerful marketing tool and communication channel that still rivals the internet and other upcoming social networks, regardless of which side of the "email is dying" debate you fall under. With email marketing, forward to a friend, sharing links, email filters and forwarders, along with major ISPs providing outsourcing solutions (like Google Apps), the audit trail of an email is sometimes all but impossible to decipher without CSI level forensic header analysis.

But, you don't care about all this.


What should you care about?

When you place an order to have something delivered with the USPS, UPS or FedEx, that item almost never leaves that company's chain of custody.  Meaning, if you dropped it off with FedEx, the recipient will most likely receive it with FedEx.  Again, there are exceptions, but the vast majority of the time this is the rule.  When you send an email out, though, it may be going to a Yahoo! domain address, then forwarded on to a Gmail domain address and finally rendered in Outlook 2007.  What can you do to ensure that your mail has the highest rate of making it to its final destination regardless of the cyber hops in the middle?

1. Ask your recipient up front if their email address is still, indeed, the right one to be using. I check over 8 different email accounts on a normal day, and with inbox email aggregators with dynamic collection addresses (such as OtherInbox), I probably have several hundred email addresses (with OtherInBox I can use disposable email addresses) that will get to me somehow.  However, the email address to sign up with your service when I was a fresh college grad and using my Alumni account may no longer be at the top of my list.  So, I appreciate it when companies I do business with ask me if that's still the one I should have on my account.  If it is, I click through on a prompt when I login.  If not, it takes 2 seconds to change.  I don't get asked this every time I login, but perhaps, every 6 months or so to ensure the email address is fresh.  Guess what?  My Alumni account is forwarded to my Yahoo! account.  So, I changed it to have my Yahoo! account receive the email directly (and thus avoid any errant filtering on the part of my school).

2. Authenticate outbound email. Period. DKIM was designed not to break when making multiple hops in an email's path to the final destination.  Unfortunately SPF will because of the technical nature of email headers, but with DKIM enabled mail, if it comes through at Gmail verified and then is forwarded on to AOL, the DKIM signature stays intact and the message has a higher likelihood of being delivered.

3. Here's the bad part.  Just like you as a sender pushing mail out to a recipient, when email is forwarded to another domain by the recipient domain, the reputation and deliverability of that mail falls back on the ISP doing the forwarding.  For instance, I run my own domain hosted through Gmail.  When you send an email there, it gets forwarded to Yahoo! which is what I consider my central email nervous system.  But, sometimes, email from Gmail gets bulked at Yahoo! because of Gmail's reputation.  This means I don't get my mail.  What can you do about it?  Gently remind your subscribers to check their spam folders for mail that may have accidentally fallen prey to a filter somewhere.  In my case, I'll get email that randomly gets bulked (as opposed to breaking any obvious best sending practices) and have made it a habit to check my spam folder often.

4. Check your content in multiple web clients. Oftentimes, an email sent to a Comcast domain looks fantastic, but when forwarded to an AOL accounts, looks horrible.  Now, like in #3, a lot of this is out of your control if the actual content is changed en route by the ISP.  But, if you ensure that your content looks good in the different clients, you increase your chances that when an ISP doesn't reach in and play with the HTML when it's being forwarded along, it will look fine in the end email inbox.

5. Have unique identifiers in your unsubscribe links tying an email address back to a particular sender.  If I unsubscribe from my Yahoo! address on an email that was sent to me originally at a Gmail account but was forwarded on, you could end up shooting yourself in the proverbial foot.  I could have any wanted email to my Yahoo! account stop but the Gmail email continue.  Recipients will oftentimes setup multiple email addresses for one account, or across multiple accounts you as an ESP or single sender support, so directly tying that recipient's unsubscribed email address to their preferences (and not the one that happened to actually do the unsubscribing) is key.

This is pretty technical stuff, folks.  But, in order to stay on top of the original intent of email being free flowing and having as few barriers as possible, you must be cognizant of the challenges in your path.  Reach out to your technical team to ensure you've got these points covered.  And remember, an email address is easily disposable.  We, as marketers, tend to see them as having high stickiness.  But, recipients can come and go with fluidity and tracking them along the way with their permission (ultimately their keeping you informed of their moves) keeps you in touch with your customers.

Chris Wheeler
Director of Deliverability
Bronto Software
@ChrisAWheeler

Christine Borgia from AOL announced this week that the long-standing Report Card program has come to an end.  For those of us who have been in the email marketing world for any period of time, we know this marks the end of an era.  I go way back with AOL from my previous role running email operations at Travelocity.  I started back at the dawn of "email time" in 1999.  I had the privilege of sending AOL Travel email, in addition to my regular Travelocity mail.  This gave me some insider type access to the Postmaster Team at AOL.  I won't tell you that everything was always smooth.  In fact, I had a pretty rocky year, one that I've tried to delete from my memory banks.  Looking back, that was when the discipline of deliverability was born.  AOL was way ahead of the curve in the implementation of the Report Card program.  If you aren't familiar with the Report Card, here's a sample:

You are receiving this message via AOL's automated "Report Card" process because our available data indicate that in the last 24 hours your domain's mail stream has exceeded an inbox complaint rate of 0.30%.  This email is only an indication that your domain's mail stream has exceeded a pre-defined complaint threshold; it is not necessarily indicative of a spam problem. We send a report card to every domain that exceeds this threshold, regardless of what type of mail is sent. We hope that it may be useful to help identify potential issues. For additional information please visit our http://postmaster.info.aol.com Postmaster website, where one can find a more detailed explanation of how the Report Card system works, AOL's technical requirements for sending email to us, AOL's best practices guidelines for bulk-mailers, and more.

This was really great stuff!  Imagine an ISP sending you an email each day warning you that you had slipped into the danger zone.  You didn't have to build any reports, aggregate any data, or haggle over "hanging spams!"  This kind of service just isn't around anymore, and I fear we took it for granted.  It means we're back to "new school" techniques with AOL.  Their feedback loop program is top-notch and has always been the leader in FBL technology.  (You are signed up and watching your FBL complaints/statistics…aren't you?  Of course you are, because we all know that complaints are the bellwether statistic for email marketers.)

Goodbye, AOL Report Card.  I will miss you.  Actually, I will miss those days from long ago when a day without a Report Card meant we had aced our promotion.  We were good enough, smart enough, and AOL liked us!!


- Kevin Senne, Director, Deliverability & Social Networking, Premiere Global Services, Inc.

If you have ever dealt with onboarding at an ESP, you probably know one of the main topics of discussion around scalability and reputation is whether to go with dedicated or shared (pooled) IPs.  Are you ready to "drive solo" with a dedicated IP, or do you stick with the "carpool," an IP pool.  It can be daunting and sometimes a bit ambiguous as to which model fits your needs best.  With that in mind, here are the top 5 factors you need to keep in mind when determining which path to go down.

1. How much mail are you planning to send?
The way email is relayed from sender to receiver is fundamentally based on the IPs (or network fingerprints) involved in the handoff.  The more IPs you have, the more inroads you can create with getting mail delivered to an ISP (such as Yahoo!, Gmail, etc.).  Many ISPs have hard requirements around how many messages will be allowed through and how many active IPs you can use at one time.  If you're looking at sending more than 20,000 per week, you should see if having your own IPs to send through will give you the scalability needed to match that.  However, if you're not going to be sending at least that much, you might have more horsepower than you need which is where a pooled group of IPs helps – it spreads the load like peanut butter over the different IPs from the grouped senders.

2. What is the deliverability impact?
Email deliverability, at least right now, is heavily weighted on IP reputation.  What does this mean?  Like a credit report, ISPs will determine what sort of mail they can expect from an IP based on the history of mail that's been coming from it.  If you have mail that is strong enough reputation wise, which includes low bounce rates and end recipient complaints, a dedicated IP might work.  You will only have to worry about your own mail's impact as opposed to allowing the possibility of other mail going out the same IPs impacting your delivery.  But, proceed at your own risk – when using a dedicated IP, you determine your own fate.  Pooled IP senders usually rise and fall with each other depending on the sum total of mail being sent out where one particular sender won't necessarily sway the pool as a whole.  This is why choosing an ESP that has good deliverability rates on a pool is of paramount importance – you'll be judged by your peers.  A bad reputation will cost you in the long run.

3. How is dedicated v. pooled different in implementation?
Typically, a new IP will be warmed up (or pulled from an already warm pool) and allocated to a sender on a dedicated system.  This means special attention should be given to initial sending and ISP feedback.  Dedicated IPs also require a bit of inflight tweaking as the ISPs learn what sort of mail will be delivered.  But, once this initial ramping has completed, you're free to do as you like as long as you don't violate any ESP best practices.  You also have more wiggle room for making your IP specific to you since you're the only one it's representing.  Pooled IPs generally don't require much technical implementation since the sending IPs are ready to go and have a critical mass of mail already being sent out.  However, the business investment with vetting and passing certain ESP requirements can be heavy since the new sender has to prove they won't do anything to risk the pool's reputation and thus the existing senders using it.

4. Does the cost make sense?
Dedicated IPs require more time, effort and maintenance to get everything setup.  They use their own bandwidth which subsequently means the cost isn't shared.  Most ESPs charge for this as a result.  Pooled IPs?  There's usually no cost associated above and beyond the normal sending charges.  This means money saved for smaller sender.

5. How much autonomy do I want?
This is a critical question for anyone sending email.  Do you care if your messages go out with custom or group headers?  Do you want to be able to send on your own schedule whenever you want (again, as long as you stay within the ESP's published best practices)?  How about not having to worry about what other senders in the same pool are doing?  With dedicated IPs, you get to be in control of a lot more of the decisions around how email is actually delivered.  Many clients don't care, though, as email is just a component of a much larger marketing strategy and as such, they don't have the resources or capitol to afford dedicated IPs.  In a pool, you're more heavily scrutinized depending on any hiccups along the way impacting the greater good.

There's a tendency for email marketers to see the issue as black or white wherein they fall into one or the other side with strong convictions.  It's not that simple and as email becomes more widely adopted as a marketing and end customer communication vehicle, taking into account the above points will help you achieve success no matter where you land.

- Chris Wheeler, Director of Deliverability, Bronto

Chris is leading the charge to ensure both Bronto's customers and staff are well-informed about email marketing practices and technology as well as being the face of Bronto deliverability externally.  Previously, he created the internal deliverability program at Amazon.com alongside program managing the operations of the email team and was at an ESP leading a team of deliverability consultants.  Besides being a frequent contributor on Deliverability.com, Chris is a part of many email industry forums, both business and technical.

Much has been written in the category of "the best" when it comes to email marketing. For example:

*Best day to send
*Best time to send
*Best subject line
*Best copy, design, call to action

Best. Best. Best. There certainly are email marketing best practices and guidelines to follow; however, "best" is often relative to your company's situation. It depends on your audience (subscribers, readers, lurkers), the industry you are in (b2b vs b2c, retail vs government, etc), and many many other factors. At the end of the day, what matters most is did the email campaign reach or exceed expectations? Did you achieve the open/click/conversion numbers you had intended?

Below is an example of an email I received recently from Egencia. (Egencia , formerly Expedia Corporate Travel, is the "fifth largest travel management company in the world." Bronto uses it to book corporate travel). Let's break it down into the "best" categories outlines above. How did they do?

1. Best day to send: The email was sent on Thursday. It was sent to my company email address, so sending during the middle of the week makes sense. If they had sent this email to me over the weekend, it may have been buried in my inbox until Monday morning.

2. Best time to send: I received the email at 11:02 PM. Many people are not awake at that time, and if they are, they're probably not checking their work email (well…wink, wink). However, based on the time sent, the email was near the top of my inbox on Friday morning. Also, sending during off-peak times *can* result in better deliverability.

3. Best subject line: Determining the best subject line can certainly be subjective. If possible, I'd recommend performing some form of A|B subject line test on every single email you send. Most email service providers (ESPs) offer this option. Take advantage of it. In this case, I thought the subject line was so-so. It certainly caught my attention as it was asking a seemingly personal question, "How are we doing?"; however, without sender recognition (I knew who Egencia was), I may have deemed this email spammy. Egencia could have offered some incentive for completing the survey and/or added a deadline or sense of urgency into the subject line. But…I opened it. So, the objective of the subject line was met - for me.

4. Best copy, design, call to action:

Copy: The copy here was short and to the point - exactly how it should have been. After all, the message is simple: Fill out the survey. Sometimes marketers clutter these emails with sales pitches, partner offers, and other items that distract from the intent of the email. I like Egencia's KISS approach.

Design: I am usually a big fan of an email that balances text and images; however, as mentioned above in the "copy" section, this email was intentionally image-light. They could have included a few images to spice up the email a bit, images that would have added and not detracted from the message. No harm either way.

Call to action: This is one area where I would've like to see a stronger call to action. "Just click this link to begin" followed by the full URL "http://expedia.qualtrics.com" is pretty weak. Give me reason, an incentive, to complete the survey. Just like they preach in sales training, WIIFM - "What's In It For Me?" Provide several options to get to the survey. Perhaps a bullet-proof button or a "Take Survey Now" link.

Overall, I really like this email from Egencia. I opened the email, clicked on the link, and even spent the 3 minutes to fill out the survey. Well done Expedia team.

What do you think? Would you have opened, clicked and/or completed the survey? Please share your thoughts in the comments below.

- DJ Waldow, Director of Best Practices & Deliverability at Bronto

Every week the EEC adds new content to its Whitepaper Room. Here are the latest additions:

eec: Top Ten Takeaways from the Email Compliance Seminar
Email Compliance: The Foundation of Reputation and Deliverability

Listrak: 221 Email Marketing Do's and Don'ts
Best Practices Reference Guide

Vidi Emi: Holiday Guide 2008
Six holiday email tips exposed

Email Checklist Series: Landing Page Checklist
This checklist shows you what to check to maximize the user experience and your bottom line with landing pages.

*Have a whitepaper you'd like to contribute? Email it to whitepapers@emailexperience.org.

This 4-hour seminar in New York is part of a ground-breaking series of email compliance-focused events. This specific seminar will cover the LashBack and UnsubCentral processes and deliverables within a framework of educating participants as to the need for comprehensive compliance process as a foundation to successful email marketing and email reputation protection.

Participants will learn the 10 Guidelines of CAN-SPAM compliance, with drill down on unsubscribe compliance, unsubscribe processes including suppression list best practices, the new FTC unsubscribe rule and compliance's overall impact on reputation and deliverability.

Email Compliance: The Foundation of Reputation and Deliverability
Produced by the Email Experience Council and the Direct Marketing Association
Monday, Nov. 3 at 1pm
eec/DMA Seminar Center, New York

Speakers:
John Engler, Vice President and General Manager, UnsubCentral
Bennet Kelley, Esq., Founder, The Internet Law Center
James O'Brien, Director of Marketing, LashBack

This seminar is $99, but eec members can get $20 off using the discount code "eecM."

>>Register Now for this seminar!

Every week the eec adds new content to its Whitepaper Room. Here are the latest additions:

eec Reportlet: How to Revive a Stale Email List
And Why You Should Avoid 'Soft Touch' Cleaning Services

2008 Retail Email Guide to the Holiday Season
Email Insights and Inspiration from Christmas Past to Plan Your Christmas Future

eROI: The Elements of Email Survey Results
eROI's latest survey finds that email marketers are missing some great opportunities to increase their deliverability, not to mention opens, clicks and conversions.

Email Marketing Best Practices: Inactive Subscribers – Re-Engage or Remove
If you aren't paying attention to the subscribers who ignore or delete your messages, you are missing out on a tremendous opportunity—and putting your good reputation at risk.

*Have a whitepaper you'd like to contribute? Email it to whitepapers@emailexperience.org.

Since this is my first post on the Email Experience Blog, I thought it might make sense to formally introduce myself to all the eec blog readers out there: I'm Spencer Kollas. I have been in the email marketing business for about 7 years and currently serve as the director of delivery services at StrongMail Systems. I started out as a sender/marketer before moving over to the formal email deliverability world. Today, I spend most of my time working with clients to improve their delivery rates, increase their revenue and help them get the most out of their email programs. But enough about me…let's get to the topic at hand—bounce management

I was reviewing some old files recently and I came across some information from March of 2007 when the eec came out with a research study on bounce management. This got me to thinking about how much has really changed since then. When looking at my daily work and interactions with clients, I am doubtful that it has changed all that much.

I still get questions all the time from clients asking what they should do about their bounces, how should they handle them, and what the difference is between hard and soft bounces. Given that response, I thought it might make sense to talk about this subject a bit. Plus, not only is it something near and dear to my heart, it's also a topic that can help those who still aren't sure what to do about bounce management.

In their report on bounce management, the eec highlighted three important reasons every marketer should have effective bounce management programs:

● Performance evaluation. Proper bounce management provides crucial data on your use of email and the ROI that comes from it. By keeping track of this information and applying it back to your conversion numbers, you can see how to improve your ROI.

● List management. Bounce data is key to keeping your list clean and to maintaining or restoring contact with customers. With proper bounce management you are able to remove the customers that are no longer actively using the email addresses you have on record.

● Practice improvement. Your email system should furnish detailed data for diagnosing issues with your marketing practices (data capture, targeting, etc.) and for taking the corrective actions that will ensure both a good reputation and better deliverability. Make sure to look at your data, as this will allow you to see if certain receivers are blocking your mail or whether any other possible issues are occurring.

Now, if you are working with an ESP that is worth anything, they should have a bounce management process already put in place to make sure that their clients are following best practices. However, if you are sending email in-house, or you just want to make sure that your ESP is following best practices, those are the three areas you need to focus on when asking questions.

So what makes up a good bounce management system? Here are some basics that all programs should include:

1. Capturing of all data streams.
2. Correctly interpreting data.
3. Organizing (standardizing) data.
4. Making data actionable.
5. Being continually updated.

With a bounce management system that meets these requirements, you'll be in a position to properly evaluate your performance, manage your list and improve your practices—all of which translate into better bottom-line results. So follow these simple rules and make sure that you have a system that meets your needs and both you and the ISPs will be happy. Good luck and good sending.

—Spencer Kollas of StrongMail Systems

I want to share something inspirational that's happening in the email industry (Oh, and you can learn some best practices too!). It's a recap of the Email Experience Council's current Nonprofit Project. The project originated as a manner to enable peers and competitors in the email marketing industry to put business aside and work as a team to create the best email efforts for a good cause.

In 2007, the eec selected the Women's Bean Project as their project focus. Stephanie Miller, from Return Path, volunteered countless hours to lead this initiative and its team on behalf of the eec. I spoke with Stephanie about this effort to get the inside scoop on the project:

WHO IS THE WOMEN'S BEAN PROJECT?
The Women's Bean Project (WBP) helps women break the cycle of poverty and unemployment by teaching workplace competencies for entry-level jobs through employment and by teaching job readiness skills in their gourmet food production business.

WHY WERE THEY A GOOD CANDIDATE?
The WBP was sending one-off donor and volunteer announcements from a database created in FileMaker.

The WBP came to the eec with the following needs and goals:

1. Efficiency: Communicate effectively and efficiently with donors, volunteers and buyers (online and offline).

2. Impact & Choice: Retain donors and buyers through a higher number of touch points—ensuring that each touch is meaningful but also reducing costs and the amount of staff time required for each. Also, allow each customer/donor to select the method of communication (online or offline) that works best for them.

3. Cost Savings: Continue to reach every customer, even as the number of buyers increases by 30% each year (raising the costs of printing and postage significantly).

4. Practicality: Launch and manage a program on a very small staff—literally one-quarter of one person was dedicated to email marketing for all three audiences (donors, buyers, volunteers).

HOW DID THE EEC VOLUNTEER TEAM LOOK?
It is a testament to the email industry and the eec membership that very quickly we had 15 talented professionals volunteer to help, and several vendors step forward and to provide tools and services free of charge. ExactTarget provided a free basic sending license and also graciously donated nearly 15 hours of support throughout the project. Return Path donated a free rendering and deliverability account. Other companies represented included Blackbaud, BlueHornet, Future Integrated Marketing, Industry Mailout, Leapfrog Enterprises, Merkle and Wolters Kluwer Financial Services.

WHAT WAS ACCOMPLISHED?
The team focused on six specific areas to create the program—content, design, infrastructure and list growth.

Content Strategy:
● Identified ways that email can support the WBP mission
● Developed a content strategy
● Debated and finalized permission standards (DOI)
● Developed a calendar for promotions around the holidays, including promoting some local events and fundraisers
● Advised on sending an email counterpart for the annual appeal to donors (direct mail)
● Promotional content recommendations: (1) special offers: 10% discount for National Soup Month; (2) developed concept, copy and photography for a Valentine's Day email that would have viral impact; and (3) developed a year's worth of promotional themes based on holidays in order to boost sales during non-peak months (e.g., soup sales in summer are very slow)
● Set up Google Analytics so WBP could measure success of the email program for driving sales and page views
● Helped train the WBP team to review campaign results with an eye toward optimization

Design:
● Developed wireframes for four types of emails
● Designed templates for newsletter, postcards, DOI/welcome and donor appeals
● Loaded the templates into ExactTarget and tested them
● Helped launch an inaugural issue—which included list hygiene and deliverability with an old file, as well as an opt-out strategy for the existing database

Infrastructure:
● Worked with the team to set up an ExactTarget account
● Upload the templates; Access the self-service training
● Testing and mailing
● Course Correction: Aligning with with Yahoo! Store and cleaning up templates

List Growth:
● Starting point: 75% valid records
● Developed organic, offline and viral list growth ideas
● Recommended ways to optimize data capture on the website
● Reviewed the subscription flow for permission clarity and growth optimization

Wireframe Sample:

HOW DID IT TURN OUT?
Here's a quick rundown of the results:

1. We launched a program! It is practical, earns results, garners the praise and kudos of subscribers, donors and the WBP Board of Directors and has legs—the WBP can continue this email program when the volunteer team disbands.

2. Subscribers love it! The inaugural issue of the newsletter generated:
● 32% open rates
● 15% clickthrough rate
● 3.1% bounce rate on new data (25% bounce rate on old list data)

3. Subscribers are great WBP customers! Page views from email subscribers are two times higher than other sources.

For more details on our work with the Women's Bean Project and past Nonprofit Projects, visit the Nonprofit Project page on the Email Experience Council's website.

—Jeanniey Mullen of the eec

Some of those business decisions we make every day as email marketers are harder to gauge than others. Are our open rates good enough? Shall we send this fifth message this week? Should I send CTOs the same message as CFOs? Will our best buyers respond better to 15-off-75 or 10-off-50? All these are tough calls that we base on judgment, best practices and any benchmarks we can glean from vendors.

One of the trickiest is making the case for dropping non-responders from our files. Keeping them on is not expensive and seems to do no harm to active subscribers. It used to be a good idea to keep complaint rates down by flooding the denominator with non-responders—and most marketers felt that since these subscribers didn't open or click, they wouldn't complain either.

Not so any longer. It's risky to keep non-responders on the file. First, there are a lot more of them than ever before. We see clients with anywhere from 25% to 65% of their file now "dead." Second, it is a deliverability risk. Our client data shows these non-responders often do complain and there is a risk that very old records can become spam traps, significantly damaging your sender reputation.. Third, their strong numbers depress your response rates and may disguise more important trends among active buyers.

Our good client Andrew Magpantay, senior product manager at Reunion.com, coined a great expression when he spoke at our client seminar in Los Angeles last week. He said that reconnecting with non-responders on the file is like gathering up the "loose change." Sure, there is some value there, and if you have a lot of it lying around it adds up to real dollars, but the risks are real, as well.

In addition to the deliverability hit, typically, there is no revenue gain from continuing to email folks who are no longer interested in your messages or who have been bored by them for so long it would take a miracle to get them to finally open another. Yet, we marketers are ever hopeful. We truly do believe that even though the subscriber has been ignoring our messages for a year, that tomorrow just might be the day! The reality is that very few, if any, will actually come around after such a long time.

At the same time, there is always some sort of "tail" for response from long inactive subscribers. Sometimes it's enough loose change that it adds up! One of our clients, a retailer, did the analysis and found that buyers who were lapsed 15+ months actually purchased a half million dollars worth of product in the past year. (There are also about 5 million of them!) Another client's "dead file"—non-responsive for 13+ months after receiving bi-monthly (2x a month) email messages for a year—earned a 2% purchase rate. That was small compared to the 15% purchase rate of other subscribers, but still meaningful. That's real revenue and no one wants to leave revenue on the table. Andrew's Reunion.com file of non-responders definitely earned some small response. But not a lot and nowhere near the response rates of the rest of the file.

The key is to make sure that you are doing the analysis and balancing the deliverability and cost risks. Maybe you can't bear (or afford) to abandon all of the loose change. Consider just picking up the highest value segments, the "quarters" perhaps, and leave the rest on the ground by cutting the records off after a win-back campaign. Try to re-engage through other channels—when they log into the website or call customer service, through your sales team or via postal mail. Match your non-responders to an email change of address service (full disclosure: Return Path runs the largest)—many subscribers may regularly check an alternate address. Be sure to welcome these returning subscribers back with a custom campaign.

The ISPs, especially MSN/Hotmail and Gmail, are getting smarter about using consumer "votes" for separating senders whose mail is welcome from those who keep mailing long after the subscriber has tuned the program out. So it no longer is always helpful to keep a large denominator of subscribers who are not responding (or complaining) to keep your complaint rate down.

Better, be sure to engage with subscribers before they become too far lost to you. At least every quarter develop a win-back campaign or an invite to visit the preference center and re-engage. This is the only way to prevent having the loose change become significant enough to pain you.

—Stephanie Miller of Return Path

There is a dirty little secret with email service providers (ESPs) and it's about time it has been brought to the forefront of industry discussions. I learned about the intricacies of this secret while culling Gold Lasso customers that exceeded our spam complaint threshold. After politely showing a few of them the door, out of spite they revealed to me that they were simultaneously using the services of five other competitors unraveling a twisted web of ESP "switch-a-roonie" that promotes spam and hurts the industry. This dirty little secret is so obvious that I'm surprised it hasn't been exposed by privacy and anti-spam advocates and used to smack the smug faces of ESP executives. Surprise! The dirty secret is that most ESPs have no economic incentive NOT to do business with customers who refuse to use good list practices. Let me say it this way: Email service providers make good money from bad customers who in some circles could be considered spammers.

You might be scratching your head thinking most ESPs have strict anti-spam policies and lobby hard to clean up the industry. For the most part this statement is correct; however, there are always a handful of bad customers that are tolerated because of the big checks they stroke. These customers come in the forms of traditional direct marketing agencies that have to blow their client's budget, affiliate marketers, and idiots who have deep pockets but not a clue about how email marketing works. One thing these types of customers have in common is that they want or have to send large volumes of email and have either purchased an email list or have appended a purchased direct mail list.

Contrary to popular belief, most ESPs don't give their high paying bad customers the boot. Most try to force them through a reformation process. However, if the customer continues to ignore best practices some ESPs will do one of the following: either isolate the customer on an IP block reserved for wrongdoers (a sort of purgatory) or mix their bad customer's email across multiple IP addresses of customers with good sending practices increasing the bad customer's chance of making it to the inbox.

In the first scenario, the ESP milks the customer as they are well aware their email will either wind up in an ISP black hole or get bounced faster than an Atari Breakout ball. The bad customer, fed up with bad deliverability, will feverishly switch to a new ESP as soon as their contract is up. In the second scenario, the ESP increases the deliverability risk of their good customers. The attitude is akin to "so what if some customers get 90% deliverability instead of 96%. What's 6%?" Eventually this attitude catches up with reality and good customers start complaining. This is when the ESP gives the bad customer the boot as their foot is already in the door of another ESP. Contrary to what Ken Magill of Direct Magazine says—"a marketer can't ride an ESP's e-mail reputation, folks"—a marketer CAN ride the reputation of an ESP's customers… for a while at least. In either case the ESP is doing a disservice to not only their customers (good and bad) but to the industry at large.

The time has come for ESPs to get together and create their own blacklist of customers who they have booted because they refused to clean up their act. This would prevent these bad customers from trying to hop ESPs causing headaches and silently undermining the industry. The secret is out! Let's do something about it.

—Elie Ashery of Gold Lasso

–>Read other posts in The From Line Extended series.

When the DMA's email marketing council merged with the Email Experience Council last year, we maintained the eec name in large part because many of us believe the consumer experience would increasingly take center stage in differentiating email marketers. We also fundamentally believe that if marketers focus on building an exceptional email experience they will not only develop deeper, strong relationships, but they would sell more—further accelerating the enormous ROI attributed to email. Our hope is that this council continues to provide our members with the tools and guidance needed to build exceptional email marketing programs. That guidance—which includes all our research, best practices, educational events, advocacy and the sharing of ideas—has no doubt been helpful to many of us and has often positively impacted our email efforts. However, we still have much to do, particularly as it relates to being able to learn from each other and showcase great email marketing practices that drive results.

That is why I would like to start the New Year off with a new series for this blog entitled "You've Got Email." Each month, You've Got Email will highlight great email marketing programs from the consumer's perspective. I'll dissect best-in-class email practices ranging from exceptional preference center practices to compelling win-back marketing programs taken from a review of real email messages sent from hundreds of brands. I'll show the good, the bad and the ugly in hopes of inspiring you to do better. Best of all, because I am an independent consultant right now and don't need to worry about alienating a client or potential prospect, I'll be refreshingly honest in the hopes of pushing many of you to do better.

To be clear, I completely understand that many of you reading this still face some very significant data and operational challenges that prevent you from doing the kind of email you would love to do. However, in my experience, very few marketers have taken the necessary steps to bring about the changes needed within their own organizations to evolve their email communications. How many of you have really spent the time building a customer-centric marketing strategy, or leveraged cross-functional customer-facing teams to inform your email marketing strategies or tactics? Or even audited your existing company-wide email marketing initiatives? Be honest—you haven't—because if you had, we would be seeing a lot more great email marketing. So let's make this year the year we leave the excuses in the office and focus less on spam and deliverability and more on the customer. Because when you build a great email customer experience that is timely, relevant, wanted and valued, those old issues almost fix themselves.

Finally, I want this blog and column to be interactive, so send me your questions, challenges and even marketing programs you admire or want evaluated. In February we'll focus on building great email preference pages. Till next time,

—Michael Della Penna

We asked the Voices of Email to look into their crystal balls and foretell what 2008 had in store for the email marketing industry. Here are their predictions:

Stephanie Miller of Return Path:
#1 - Email Marketers, if you want to keep your job, segment your file. I was hoping that last year would be the year that we'd see more targeted, tailored, relevant campaigns and less batch and blast. Not sure that happened, although I was half right in that we certainly saw MORE segmentation and targeting than in 2006.

Why will email marketers lose their job if they don't do it now? Because the email channel is more expensive than ever, and there are too many risks to brand and customer satisfaction and loyalty. Unhappy email subscribers—all that dead wood on your file—is not just a missed opportunity, it's a liability. Engaging with those folks is going to take more time and effort in creative and list hygiene and segmentation than ever before. To get those budgets, the email marketer has to prove the channel. To prove the channel, the email messages have to be a lot more relevant. To be relevant, they must be segmented. Thankfully, the technology and best practices are already in place and proven. We just need to set our minds to it.

#2 - The Data Capture form goes multichannel. We'll see more and more email marketers open up their data capture form to include permission to contact via SMS and mobile marketing. Building up the database with these contact touch points will be increasingly important as more marketers start to test the efficacy of those channels.

#3 - Transactions will become touchpoints sometimes too hot to handle. More email marketers are going to push the envelope on turning transactional messages into marketing opportunities. The receivers and FTC will get stricter on standards, potentially causing trouble for some senders. With the need to dynamically create, message and track these messages, ESPs will aggressively go after the transactional email market to build their base and capture higher share of wallet.

Chip House of ExactTarget: Increasing focus on subscriber engagement. When emphasizing the importance of list hygiene, David Daniels of Jupiter Research often compares mailing the portion of your list that hasn't opened or clicked on your emails in several months to "flying an advertisement over a ghost town." Many marketers are realizing the benefits to their success potential via email by truly understanding which segments of their list are responding, and which aren't. The non-responsive segments drag down your deliverability and ROI, and waste your time. This is something that I like to call the "ignore rate." Marketers that ignore the needs of their subscribers, send irrelevant communications, or make other blunders leading to dissatisfied subscribers, drive a higher ignore rate.

Most sophisticated email marketers now closely track their open and click rates, and more are even tracking subscriber spam complaints by ISP. However, it is often what you don't see that can be most harmful to your deliverability and campaign ROI. More marketers are beginning to see the benefits of closely analyzing the portion of their customer base that IS NOT paying attention. By doing so they can better reactivate them, opt them in again, or discard them—all to the benefit of their response rates and ROI.

2008 is about flying hundreds of planes, towing just the right message, over hundreds of small cities.

Amy Bills of Bulldog Solutions: I think we will see some shaking out in the use of social media for lead generation. Right now, a lot of companies are really struggling to understand what works and what can be integrated into their existing strategies. Is a blog, a podcast, RSS, an online community, a presence on Twitter, Facebook, LinkedIn, etc. going to be worth the effort and resources? How can you even measure their effect on your objectives? And of course, what works for one company is not going to be the same formula for another. Some have the impulse to try everything. Others want to bury their heads in the sand and deny the landscape is changing at all. A third group is experimenting and trying to be smart about making good choices, thinking about what their prospects will respond to and how to make social media enhance what they are already doing.

After Paul Dunay joined Bulldog in November for a webinar on making sense of social media for BtoB marketing, he made a comment that really stuck with me. "[The question isn't] if social media is right for your company, but which social media is right for your company. And at this point in time and state of your company, you need to determine which social media is right for your company for next year. A year from now, the picture may look very different. And the answer to which social media is right for your company will be different for each company. My advice is look into next year with an eye toward experimenting with a few tactics to begin to get yourself and your team up to speed."

So, I predict that more marketers will ease into that third group, and start to get smarter about social media. And by "smarter" I mean more creative and experienced about how to make tactics work and measure their results, and brave enough to admit when a particular tactic might not work.

Tricia Robinson of StrongMail Systems: The email space gets larger and faster daily. With this growth comes change, and I predict we'll experience much change in 2008.

Automation Becomes The New Buzzword. We've lived through closing-the-loop, 1to1 digi-dialogues, and deliverability. Look for campaign automation to catch-on in 2008. We're seeing more clients rapidly move in this direction. Those that already have are realizing the time/cost benefits of auto-generated programs.

The Final Sunset for the Old Homegrowns. The replacement of the original homegrown system has been a trend since 2006. However, this year we'll see the last of the first homegrown systems built by Web 1.0 companies and those that thought "email is easy, we'll make our own." Some organizations will always custom-build, but most have done it on top of something more sophisticated than generic MTAs.

All Outbound Customer Email Includes Marketing. Even if it's the inclusion of a logo, all outbound customer email (transactional, customer service, promotional, etc.) will include a touch of marketing. According to MarketingSherpa in mid-2007, 90% of email marketers planned to overhaul their transactional email in the next 12 months. Not sure if they will meet their own deadline by June, but look for an improvement in the look of all outbound email. I'm not crazy enough to predict the death of the text email, but maybe next year.

Still More Acquisitions. 2004-2006 were large vendor consolidation years in our space. I argue that 2007 was the year of the IPO. Now with more cash and CNBC viewers to consider, look for Constant Contact and ExactTarget to make purchases that round out their offerings or extend their reach into new markets.

Unlike many, I like change. It's good to shake things up as long as the goal is always towards improvement. Happy New Year!

Chad White of the eec: 2008 will be the year that retailers and other B2C marketers increase the transparency of their email programs and relinquish more control to subscribers. In 2007 we saw more retailers allow potential subscribers to view a sample email before signing up. More also offered emails on different topics or allowed some level of content preference selection—which is key to elevating relevancy. Consumers are getting very used to having more control over how they're marketed to, and email will be forced to fall in line over time. On the upside, giving consumers more control over content and frequency, and being more upfront about those aspects of their email programs, should generate more lifetime value from subscribers. Although eventually we'll see this kind of control move to the front end, during 2008 we'll start to see it more and more on the tail end of the relationship when subscribers are fed up and trying to opt out. Rather than lose subscribers, more marketers will give up control over frequency and other elements to boost retention.

During 2008 we'll also see retailers pay more attention to content—product reviews, videos of product demonstrations and fashion shows, blogs, articles, podcasts, etc.—and do a better job of leveraging it in their email channels.

When reviewing subscriber reply mail to email newsletters, what action is recommended for responses that aren't specifically unsubscribes, like various automatic bouncebacks, account no longer exists, "I have left the company", etc. Heard discussion that one should just unsubscribe these people since they are unable to receive the newsletter and why send to them if they won't receive, however I would think that skews the stats a bit, as these people aren't actually requesting to be unsubscribed. Curious as to what the EEC audience considers best practice in these cases. —Meaghan Peters, UnitedHealthcare

The Voices of Email had this advice:

Stephanie Miller: This sounds like a bounce management issue. Proper bounce management should be handled by your IT team or your ESP—and be sure you understand what your processes are. Poor processes can result in deliverability failure for all your messages.

There are two kinds of bounces—hard and soft. Hard bounces are "user not found" errors and should be immediately taken off your file. Soft bounces include the types of messages you describe above, and depending on your mailing frequency, you can remove these records after a certain number of bounces. If you mail weekly, you might try three more times, then consider the account dead and remove the record. If you mail monthly, one more mailing is probably appropriate. This approach will quickly remove any accounts like "I no longer work here," which you don't want on your file anyway.

Jeanniey Mullen: This is a tough one, especially as you are in the healthcare market. Many pharmaceutical companies and healthcare organizations have a policy that does not allow them to review or respond to replies from an email as it may put them in a legally challenging situation. If you do not need to worry about the legal issues, the next thing to consider is the amount of replies you receive. If your list is small, it is worth reading through the replies and makings edits to manually unsub people who have left their jobs or have email verification services turned on. This process becomes very time consuming if your list get larger. In this case, some companies have built "bots" to help pull these types of emails out, but many just let them go and have rules set up to move them to a "bounced" status after three unsuccessful mailings.

Have some good advice that we missed? Please add a comment and take part in the conversation.

Have a question for the Voices of Email? Email Chad your question at chad@emailexperience.org and we'll REPLY TO ALL by posting the answers so everyone can benefit.

–>Read other Reply to All posts

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