The email marketing landscape is always changing as marketers find new and savvy ways to boost engagement, increase conversions, and maximize their efforts. But, beyond the discussion of open rates, click-throughs, subject lines, A/B testing and deliverability is the issue of compliance.

In an overall sense, there are two rulebooks that email marketers follow:

• "Best Practices"... which are the processes we abide by because we know it treats our customer’s inbox as a special place and that’s a responsibility we take seriously.
• "Legal Compliance"... which are the specific and mandatory rules we follow because our actions are governed by law [....and because none of us would do well in prison! :) ]

Most marketers are familiar with the US CAN-SPAM Act of 2003. But, now Canada has their own proposed version of anti-spam legislation that in it’s current state goes much further than it’s US counterpart.

It’s important marketers are aware of the new proposed legislation so they can begin taking action well in advance to ensure they remain in full compliance. While there is still a lot of time to make sure your ducks are all in a row to appease CASL, it’s never too soon to get started.

This post will cover the main highlights of Canada’s proposed Anti-Spam Legislation. For a more in-depth summary, you can read my blog post titled “All About CASL (Canada’s Anti-Spam Legislation) in Plain English”.

I’m Not In Canada, So Why Do I Care?

CASL isn’t just focused on Canadian email marketers, but rather extends its coverage to anyone who is emailing someone that will receive that message within Canada.

So, if you run an eCommerce store out of the USA, but you occasionally sell to people north of the border and have those folks on your mailing list, then CASL is in full force for you.

It’s not just those in North America that have to play under these new rules because the people behind CASL are hoping it’s reach will extend to marketers internationally who are contacting Canadians. In an interview, the CRTC’s chief compliance and enforcement officer, Andrea Rosen, said:

If the spammer is offshore, we have the ability under the law to co-operate with foreign governments, to share information and to bring proceedings together against individuals that are offshore.

There is an exemption written into CASL that if the sender does not know or could not expect to know that the receiver would be using a Canadian computer to access the email, then you’re off the hook. So, if your USA-based eCommerce store doesn’t ship to Canada and you have no Canadian’s on your mailing list, but someone has taken the trip to see the Jays play in Toronto and while there they get your email, you don’t have to panic.

Do keep in mind, however, that ignorance won’t be an excuse so even if you don’t think you have Canadian’s in your database, be sure to be on the lookout for that. At Elite Email, we have been prompting people to look at their geo-reports to get a sense of who is engaging with the email in Canada because it might be more than you think.

What are the key requirements of CASL?

The current proposed regulation is really long and if you care to see the whole thing in it’s entirety, you can click here.

For those that are too busy to read the whole law (...and that is probably ALL of us!) here are the primary requirements:

• You must have permission BEFORE sending an email.
• You must be able to prove that you have received clear consent (more on “consent” below)
• You cannot use false or misleading subject lines or sender names.
• You must have a working unsubscribe mechanisms where manual requests are processed within a 10 day window and any unsubscribe links are valid for at least 60 days after the send date.
• You cannot pre-check subscription boxes on firms. Valid consent must be an affirmative action.
• You must include a physical mailing address as well as an alternate way to reach you, which could take the form of an email address, phone number or link to contact form.
• You cannot confirm unsubscribes by sending a follow-up email.
• If an email is being sent “on behalf of” another organization, you must clearly identify both parties.
• If you are a charity, then you are included in CASL if you are selling or soliciting anything.

One key thing I want to highlight is the notion of subscribing to your mailing list as an affirmative action. I see a lot of signup forms where the box is pre-checked and you have to uncheck it to indicate you don’t want to signup for a mailing list. If your organization is doing this, then it’s one of the first things you should consider changing. It’s a quick change that will ensure all new subscriber acquisitions are valid under CASL.

Consent, Consent, and More Consent... It’s All About Consent!

While there are lots of different facets to CASL, if I had to boil it down to one thing, I’d say that the most critical factor is ensuring you have obtained consent properly. If you’ve done that, then you’re heading down a good path.

CASL currently outlines four different scenarios that would qualify as consent.

Consent Scenario #1: Implied Consent

This is the scenario that many people will already be familiar with as it’s the one that is based on an existing business or nonbusiness relationship between the recipient and sender. Essentially, if someone has bought something from your organization or entered into a contract with you then you have a “business relationship” with them. Whereas, if someone does volunteer work for you or becomes part of your organization, then you’ve got a “nonbusiness relationship” with them.

The critical part of this type of implied consent is the 2 year time limitation. From the moment someone purchases something from you, a 2 year window commences where you can email them and be in compliance with CASL without needing any other form of consent. On top of that, if that same person buys something from you again during that window, the clock resets and you get another full 2 years. However, as a general rule of thumb, at some point during that 2 year window, you would want (or need) to obtain explicit consent in order to keep emailing them after that window expires.

Consent Scenario #2: Explicit Consent

I suspect most email marketers are already actively engaged in this type of consent where the recipient gives you direct permission to send them emails. Most commonly you will have a signup form on your website that lets people join your mailing list. This direct type of consent is really at the core of CASL, which is why it’s important that you obtain good evidence to support your practices. Doing things like capturing the date stamp and IP address of a new subscriber when they join your list and then when they confirm their subscription (for double opt-in) will help ensure you’ve got a strong case should someone challenge if consent was obtained.

As I mentioned previously, make sure your signup forms require an affirmative action and not an opt-out action. So, if you’ve got a sneaky pre-checked box that auto-enrols people, you’re going to want to change that up ASAP because it won’t count in the eyes of CASL.

According to CASL, you can also get written or oral consent and while that is acceptable, it should be noted that these methods are far more difficult to prove. If you plan on using these tactics, make sure you’ve got a workflow that allows for the careful documentation of when, where and how consent was obtained.

Consent Scenario #3: Conspicuous Publication

This is a rather unique scenario that is very different than the two above. You can send someone an email if you obtained their email address and the following three criteria are also met:

(i) The email address is clearly published for viewing.
(ii) In the location where the email address is published, there is no specific statement saying that unsolicited emails are not allowed.
(iii) The email you’d be sending to that address is related to that person’s business or official role. [For example, you can email a university professor about a new book that is related to their field of expertise/interest, but you cannot email that same person trying to sell them concert tickets. It’s a bit tough to exactly draw the line on what is related and what is not, so we might see this further clarified CASL.]

Consent Scenario #4: Shared Email Address with the Sender

This is the “business card” or “networking” rule under CASL that lets you send someone an email if they willingly share their address with you. CASL doesn’t want to render the email address on a business card useless, so if someone shares their card with you and doesn’t say they do not want to be emailed, then you can email them and be in compliance. Be sure to document the how, when and where they shared their email address with you so you’ve got that on file in case you need supporting evidence. However, do keep in mind that if you want to start sending someone your monthly newsletter (and not just emailing them as a follow-up to a networking event) you should obtain consent using another method as well.

What Happens If I Break The Rules?

Shame on you! Now go sit in the corner and think about what you’ve done!

But, on top of that shame, penalties for violating CASL can range from a maximum of $1 million for individuals and $10 million for companies.

It should be noted that anyone can bring this new law against a sender, it doesn’t have to just be the government or other legal agency against the sender. Of course, if someone goes down this path and it turns out they were wrong, then they are responsible to cover all court and legal fees.

Also, the reason I have been harping in the sections above about keeping evidence for how you obtained consent is because if you can show that you really made strong efforts to follow every aspects of the rulebook, then that will play a factor in any legal proceedings.

When Does All These New Rules Go Live?

There is still no specific date set so at this point everything is an estimate, although there have already been delays so further delays are not out of the question.

Based on the current flow of events, Industry Canada should have the regulations finalized by the middle of this year (2013). After that, there will be a one year grace period for everyone to digest these new rules and prepare for the coming changes, which will result in CASL going live some time in the middle of 2014.

That being said, there’s no need to wait until the final minutes to start ensuring your compliance with CASL. Although certain parts of the proposed legislation may change, the underlying concepts about the ways you can obtain consent probably won’t change much. So, take a good look at your database now and start to figure out who you may need to re-confirm and what evidence you’ve got to support that consent has been obtained properly (in the eyes of CASL). Review all of your signup and capture forms to make sure that it is an affirmative (and not opt-out) action that enrolls someone on your mailing list. Lastly, doing a periodic top to bottom review of your organization’s email practices can usually either confirm you’ve got your best foot forward and are ready for CASL or highlight areas that you need to improve upon... and there’s no time to take those steps like the present!

* Note: This article is intended to provide general comments about Canada’s new anti-spam legislation. It is not intended to be a comprehensive review nor is it intended to provide legal advice. Readers should not act on information in this article without first seeking advice from their lawyer.

Robert Burko is CEO of Elite Email, a leading email marketing solution and proud member of the Email Experience Council that has been helping businesses of all sizes harness the power of email for 10 years. Robert has been featured extensively in the media for his knowledge of email marketing, social media and digital trends. You can also find him on Google+.  

It is important to build towards mutual results, so we need common, standardized metrics. In my earlier post called “Email marketing, are we even talking the same language” I talked about multidisciplinary teams and benchmarking, but what other reasons are there that make an initiative like SAME a necessity?

The need for a common statistics is nothing new.

To illustrate this and keep things light, some biblical references. Do you know the stroy of Babel? According to this history, and long before there was google translate, people used to talk the same language all over the world. It was great. While having this common language (but not yet insight, regrettably), they were able to build a tower that reached to the heavens. What to do to stop them?

The only way to stop them from doing amazing things WAS to rob them of their common language, therefore being divided because they couldn’t understand each other anymore.

The word Babel actually means “confused”, one of the first online translators was called babelfish. (and yes there was even an oscar winning movie with Brad Pitt in 2006 called Babel). There are some lessons to be learned here, one of which is that once you have a common language you are able to achieve more, without it can become a confused chaos.

Using multiple ESPs

Maybe we don’t realize but there are plenty of marketers who work with multiple e-mail, CRM, lead gen, CMS and other marketing automation systems at the same time. Singling out ESPs this might already be more than one. Sometimes 5, 6 or even more email marketing systems are used on agency side and multiple on client side. Can you imagine! We see what the problem is there.

A common language is needed in and metrics and reporting is the place to start with. But even if you aren’t using multiple ESPs at the same time, there are still needs for common language in regards to the long term. One of them being customer insights and migration.

Common language in ESP migration

One third of ESP clients migrate from one system to another per year. And how can we compare with the old metrics if we don’t have the same (standardized) reports. Although ESP migration doesn’t always have to be a big headache, it often is a hefty undertaking.

Migration is very hefty, especially when you are seriously sending email and it is not the kind of thing you wake up wanting to do. Only to see the deliverability part done in email service migration right takes 7 or more steps.

Behavioral data doesn't have to get lost

You don’t want to destroy or leave behind the behavioral data and aggregated insights you have been building over the last period, just because of incompatible statistics. This is where the use of standardized metrics comes into the picture again, making sure your reference reports from previous year(s) keep their value.

When it concerns using multiple marketing automation systems, either at the same time or sequentially, standards can make the marketers’ life all that easier.

By Jordie van Rijn, an independent email marketing consultant, specializing in smart email marketing, event-driven campaigns and is the founder of emailvendorselection.com a platform for selecting the best email tools.
 

If your direct email marketing program is intended to drive traffic to a landing page or website, chances are you have abandonment issues. Not because you’re doing anything inherently wrong, mind you. It’s just the nature of the online world. Some people will show up at your website and simply not buy. Even the best email marketing will have people abandon their shopping after following through on a call to action. In fact, 88% of online shoppers abandon, according to a 2009 Forrester Research estimate.

It might be the prospect lands at a page then clicks away without buying (called up funnel abandonment) or it might be the prospect goes as far as starting to buy from you--or register with you--then clicks away (called down funnel abandonment).

Either way, they’re clicking away. And every click on the Back button is a lost revenue opportunity for you.

Is that it? Are you done? Must you stand idly by and let them go? Not if you use a strategic email abandonment campaign to re-engage those who clicked away.

At ClickMail Marketing, we’ve been partnering with Smarter Remarketer, helping clients use re-engagement campaigns that kick in when a prospect abandons a landing page or website. During that time, we’ve realized there are two vital reasons for implementing an abandonment campaign: relevance and ROI.

1. Relevance: Emails that follow up on a specific prospect action, such as clicking through to a landing page or adding an item to a shopping cart, are by default highly relevant to that prospect. We can’t know the reason for not following through and purchasing. For all we know, the cart was abandoned because company showed up unexpectedly or the boss called the prospect into her office. It might not be a decision not to buy. It might be real life got in the way. So imagine the relevancy of an email sent to a prospect who was that close to purchasing? The email could remind them of the selected items or even offer a discount if purchase is made within a certain time.
2. Return on Investment: The same logic we apply to factoring the real cost of email deliverability issues applies when computing the real cost of losing a customer because they’ve abandoned your website. Simply look at your abandonment rate and multiply that by your average sales amount to get an idea of the money you’ve left on the table. Chances are, you’ll see a potential ROI that makes the time and cost of implementing an abandonment campaign make both dollars and sense.

In addition to the immediate benefits of higher ROI, consider the longer term benefits of brand and customer relations, plus having a bona fide reason to send that prospect an email. And not just any email, but a very targeted and relevant email, one very likely to get opened, which in turn will help your email deliverability by showing the ISP a high level of engagement.

Getting started
Due to the importance of adding a re-engagement element to your email marketing program, you want to be sure you’re using the best email service provider you can, one that maximizes deliverability and helps automate or simplify abandonment and other triggered emails. Make sure your current vendor (or any ESP you are considering) has a proven record of actual, real life successes too. Ask about measuring and tracking results, and how the vendor will be held accountable for helping you to implement such a campaign. You can learn more about abandonment emails and get advice on choosing a vendor here.

There’s more to reaching out to abandoners than a simple, “Hey, what happened?” email. Adding an abandonment and reengagement email program into your mix makes sense, not only because abandonment emails are perfectly relevant, but because they make an essential tool for ROI, thanks to their ability to reclaim what would have been a lost sale.

Marco Marini, CEO
ClickMail Marketing

By Joanna Roberts
Account Manager
Return Path

As an account manager at Return Path, I get to talk to clients about what’s hot in the email world.  I have lots of conversations with clients about the newest trends, and what’s not so popular anymore.  So what’s the next new thing in email marketing?  Responsive email design! 

Have you ever noticed that your carefully crafted email doesn’t always look great on the small screens used for tablets and mobile devices?  Historically, email marketers have designed for the typical 1024 x 768 screen and, because of the typical email preview pane size, have been advised to keep email width around 650 pixels.  However, with the growth of smart phones and tablets, this one-size-fits-all approach isn’t necessarily best practice anymore. 

Here’s where responsive email design comes in.  Using CSS3 coding technique called “media queries,” you can design your email to automatically re-format and re-size itself to optimize for whatever screen size your recipient is using to read your email.  It can also be used to hide non-essential elements of the email from the mobile reader, thus making sure the main call-to-action of the email is easily found, and can change various other elements of the email, including text size and color, background images and background color. 

So how can you think about this in terms of your own emails?  The most basic use of responsive email design is your email layout.  Let’s say your typical email format is a 3-column layout.  Using responsive email design, you can now design two other versions: a two-column layout for tablets and a one-column layout for mobile devices.  This will ensure that your reader is always seeing the most important parts of your email, no matter what size screen they are using. 

Of course, as with any new email trend, it’s important to understand the impact and test the effectiveness of responsive email design.  First, use a tool like Return Path’s Campaign Insight to ensure you have a large enough mobile audience to justify the additional design work.  If you do decide to move forward with responsive email design, use a rendering tool like our Campaign Preview to ensure your responsive email formats correctly in desktop, webmail and mobile views.  One thing to note is that responsive email design works only in the native mail apps in the iPhone and Android.  Recipients reading emails on their mobile devices using either the mobile browser or proprietary email apps (for example, the Gmail app) will see the desktop version of the email.  And finally, don’t forget to track open and click-through rates so you can quantify the impact this new technique has on your email metrics. 

Have you already tried responsive email design?  We’d love to hear more about it!  Please leave a comment below with your feedback, learnings and successes. 

This post originally appeared on Return Path’s In the Know Blog.

Joanna Roberts is an account manager at Return Path. Joanna has over six years of experience in online marketing, and regularly advises companies on email marketing strategy, deliverability, and compliance standards. She enjoys blogging and leading webinars, specializing in the topics of email marketing best practices and strategy, and is often encouraging marketers to push the envelope on their email efforts with new ideas and initiatives.

Unsubscribes. The dreaded rejection by someone who was once a willing recipient of your email marketing. Ouch.

Unsubscribes are often viewed as a necessary evil in the life of every email marketer, with emphasis on the word “necessary.” We not only offer unsubscribe links because people want them. We do so because the law requires them!

Rather than treat the unsubscribe like a freeloading, undesirable distant cousin we’d rather ignore, however, email marketers are better off making the most of the situation to be subscriber-centric and keep people happy by following best practices.

If you search for examples of unsubscribe worst practices, you’ll find plenty. I wish I could tell you all the worst examples come from small mom-and-pop operations that don’t know any better, but I can’t. Plenty of unsubscribe sins are committed by big, well-known brands that really should know better.

Two Big Reasons to Be Unsubscribe-able
The unsubscribe is required by law, yes, but beyond that, we suggest knowing and implementing unsubscribe best practices for two very important reasons:

1. When people can’t easily unsubscribe, they are more likely to simply report your email as spam which negatively impacts your email deliverability rate. And without the highest possible email delivery, you can’t have the highest possible ROI.
2. When people opt out, you want to leave them with good feelings about your brand. They might be unsubscribing now, but that doesn’t mean you have to lose them as a customer forever…unless you annoy them.

With those two reasons in mind, consider the following unsubscribe best practices and how well you are—or aren’t—adhering to them.

Make It Overtly Obvious
Make the unsubscribe obvious. This best practice probably seems obvious, yet you’d be surprised how many companies bury the unsubscribe link in an email. Look in your own inbox. Open a few random emails from companies and see.

How does it get hidden? It can be included in a list of links making it hard to spot among the clutter. It can be overshadowed by graphics or in teeny tiny font that’s hard too find. The unsubscribe link should appear at the bottom, where people expect to find it, without any clutter hiding it and big enough to be found a.s.a.p. when someone wants it.

Even when found in plain sight, sometimes it’s in obscure language, so it doesn’t look like an unsubscribe and is overlooked as a result. Words like “manage,” “delete” and “edit” aren’t clear enough. State it plainly, using words like “unsubscribe from these emails” or better yet, “stop getting these emails.” Don’t make people guess. They likely won’t. They’ll opt for the spam button instead.

Make It Easy as Can Be
Once it’s easy to find, make it easy to do. Are you making people log in to unsubscribe, really? It happens! Don’t ask for captchas, either. When they click the unsubscribe link, send them directly to that page, not to a page with a lot of other options. Or make them confirm their email address for you.

Your best practice is a one-click unsubscribe. That is all. They click a link, you take them to a page, they click on a button…done!

Give Them Another Chance
Now, this doesn’t mean you’ve lost them forever. If you have a preference center, direct them there to change the options. It could be they still want to hear from you, just not as often or with different content. This is after letting them unsubscribing easily, however.

If you don’t, you can let them know you are sorry to see them go and give them a chance to change their mind with the click of another button to resubscribe. You can follow up with an email confirming the unsubscribe and thanking them for being a subscriber. In that email, give them a resubscribe link. Whichever route you choose, remember that this is your last chance to leave them with good feelings about your company and word your message accordingly, in a friendly, helpful way. Avoid being apologetic or groveling. I’ve seen this in an unsubscribe confirmation. It’s not pretty.

Leave Them With a Loving Feeling
An unsubscribe doesn’t have to hurt. It can be a pleasant, even humorous, experience. My favorite unsubscribe experience had me laughing out loud: After clicking on the unsubscribe link, I was taken to a webpage and asked, “Are you sure?” To answer yes to that question didn’t mean clicking on a “yes” button. Rather the words on the button were “I’m out of here.” That was funny enough, but then a popup box appeared asking, “For the love of god, are you sure??” I laughed out loud at that. I still unsubscribed, but I enjoyed the experience. They made me go through two clicks for the unsubscribe, but I didn’t mind because it was playful and unusual.

You don’t have to be a comedian to be good at unsubscribes. I share this story because it illustrates how to leave them with warm fuzzies for your brand. Just because they don’t want your emails doesn’t mean they’re boycotting your brand altogether. And wouldn’t you rather leave them smiling?

Reduce the Urge to Unsubscribe
Unsubscribe best practices are smart marketing, but even smarter marketing is having fewer unsubscribes. You can decrease the number of unsubscribes you get by proactively managing and meeting expectations:

• Manage expectations by being clear from the very beginning what types of emails you will send and how often.
• Send a welcome email to reiterate these expectations.
• Deliver relevant, targeted and timely email messages that meet expectations.
• If it’s within your capabilities, offer a preference center on your website to give recipients more control over the content and timing of your emails.

Unsubscribes might not be fun for you as the email marketer, but you can lessen the pain for both you and the subscriber by following best practices and making the most of every situation.

Marco Marini
CEO
ClickMail Marketing

Can Email Work as a Customer Acquisition Channel?
A lot of savvy email marketers ask the question of whether email can work as an acquisition channel. Because the power of email marketing is based on permission (which can’t be transferred), the assumption is that email can’t be used to acquire new customers.

In reality, email can be a tremendously powerful customer acquisition channel when it’s handled right. I am, of course, biased, since ividence is an ad exchange for acquisition email. Still the numbers bear me out.

Acquisition Email by The Numbers
The DMA found that the average return on investment for every $1 spent on email was $40.56 in 2011. That number far outstrips other marketing channels. Though that number is an average that includes retention email, it gives a good idea of the potential that email has as an acquisition channel.

Additionally, click through rates on email beat out those for display. The average CTR for online display ads is 0.09%.

Email by contrast has an average CTR of 5.2% according to Epsilon’s most recent data. Acquisition email CTRs are lower on average (because there’s not an established relationship with the recipient). Still, ividence’s average CTR for acquisition email is 1.5%, or more than 16 times the CTR on display.

Facebook ads have an even lower CTR than display—0.051%—or 30 times lower than the acquisition email CTRs that we see.

And last, but not least, eMarketer’s 2011 figures show online ad spending up by 23% YOY, which an anticipated growth rate of 23.3% for 2012. That means more advertising dollars available for trying new, efficient channels.

So if email can work as a customer acquisition channel if done well, how do you do it well?

Getting Acquisition Email Right
Because the inbox is a very personal space, email marketers must work very hard to respect consumers in that space. That’s never truer than when you’re introducing a brand to a consumer via email. For acquisition email to work for all parties (the brand, the consumer, and the list owner), there are three concepts that must be followed:

1. Respect subscribers
Email marketing derives much of its power from permission and trust. When a consumer subscribes to an email list, there’s an implied expectation that the list owner respect that trust. For acquisition email to be effective, it needs:

 • Permission – Just as retention campaigns should only be sent to opt-in subscribers, acquisition email campaigns should only be sent to subscribers who have given the list owner permission to send third-party offers. There also needs to be an option for the recipient to unsubscribe from advertiser’s offers or to unsubscribe from the list all together.

• Clarity – Only the list owner has permission to send emails to their list, so their brand name (or the name of the list) should be in the mailfrom and mailfrom friendly fields. This makes it easy for the subscriber to understand why they’re receiving the email, reducing spam complaints and increasing open rates.

2. Ban “batch and blast” from your vocabulary
To be welcome, emails need to be relevant to the recipient. Send too many emails that a subscriber doesn’t relate to, and they’ll become an unsubscriber (or worse, will report your email as spam).

Any acquisition emails needed to be carefully targeted to the recipients most likely to be interested. Behavioral targeting is among the most effective segmentation techniques, driving higher open, click through, and conversion rates.

However, if the publisher you are working with can’t offer behavioral targeting, you should at least narrow by demographics or geographic data. Alternatively, you could send different offers to different targets: a clothing retailer could segment by gender or an insurance company could include different package options to people at different income levels.

3. Continually optimize
Just as importantly, don’t send to the entire (targeted) list at once. If you send in smaller waves, you can use the information gathered at each stage to optimize your target. If you’re testing two different creatives or subject lines, you can also pause the losing treatment once you have enough data to select a winner and get a better response from the full campaign.
 

An example of how this played out for a real brand is a bank client that we worked with at ividence. Our client was looking to drive acquisition of new real estate loan prospects.

In addition to the typical challenges that all brands face with deliverability and following legal requirements, financial institutions are very sensitive to concerns about phishing and fraud as well as the unique regulation around the banking industry. In a study by David Daniels of The Relevancy Group, 41% of banks and credit unions surveyed said they were somewhat to very challenged in overcoming fears of phishing and fraud.

Using the above approach of respecting subscribers, targeting smaller email sends, and continually optimizing the campaign, we were able help them drive new leads. The ividence team and platform monitored and adjusted the targeting of the campaign after its launch, which resulted in an over 1800% increase in the number of leads generated by the campaign between its first and last month. There was a simultaneous 233% increase in effectiveness (ratio of leads generated to emails sent).

Unsubscribe rates for the campaign were in line with those of retention campaigns in finance, and abuse complaints were below the average seen in retention campaigns (below 0.01%).

Have you used acquisition email to grow your business or to generate revenue from your email list? What tips would you add to this list?

Eric Didier, ividence

Five Ways to Improve Email Deliverability with Gmail

Email remains one of the most focused, effective ways to get your marketing message exactly where you want it to be: in the hands—well, inboxes—of your current and prospective customers.

Unfortunately, there’s also a dark side to this “clutch” marketing tool. In addition to legitimate email marketers, spammers send billions of messages to consumers every day, leading harried recipients with little to do in response but send everyone to “Report Spam” oblivion. 

So how do you avoid “guilt by association?” How do you ensure that your valuable messages make it past junk filters and reporting buttons?

If your recipients are using Gmail—and it’s likely many of them are, since it’s the email client of choice for more than 350 million users worldwide—here are some useful tips to improve Gmail deliverability. Although these strategies are smart for Gmail, they are good to keep in mind for other ISPs as well.

1. Ask your users to mark your messages as “not spam.” If your email happens to trip some junk filters and get put in your recipient’s spam folder, ask your readers to click on the “not spam” button to let Google know you’re an approved sender—not just for that user, but for other users, too. Google puts a premium on user input, and trusts their devoted Gmailers to tell them what they want to receive . . .and what they don’t!

Likewise, if you do get to their inbox but have your display images filtered, encourage readers to click on the “Always display images from this address” button. This lets Google know that you’re a valid sender, and enables your recipients to see your carefully constructed emails in all their HTML glory.

2. Ask your readers to add your sending “from” address to their Gmail contact list. This is a simple way to ensure all your emails get delivered, as it puts a big seal of approval on everything you send. If at some point you change your sending address, be sure to let your recipients know—they’ll have to add that address, too!

3. Keep a close eye on recipient behavior. Recipients who open your emails and click through your links are engaged users. Their behavior indicates they want to receive messages from you. Recipients who never open your messages (and miss your links entirely, as a result) could become an issue for you if they decide to report you as spam --even though they signed up to hear from you in the first place. 

ISPs, and we believe especially Gmail, use “engagement metrics” as a factor to determine if your recipients are interacting with your email (clicking and opening), just deleting it, unsubscribing, or reporting you as spam. If a subscriber hasn’t clicked or opened your email in the last 45-60 days, or 2+ publications, you should consider a reengagement strategy and ultimately remove unengaged users from your list. Monitoring your list and segmenting out unengaged subscribers will help your inbox placement across the board.

4. Make it easy—and as quick as possible—to unsubscribe from your emails: The easier you make it to leave your messages behind, the less trouble you’ll see from frustrated recipients. At first, it might seem like a good idea to bury your unsubscribe link somewhere easy to miss. But, if someone who doesn’t want email from you can get rid of you that way, they’ll simply report you as spam, which will subsequently affect your reputation and inbox placement for users who want to get your email.

This also goes for senders who don’t have an automated unsubscribe function, or who take too long to scrub unsubscribes from their lists. Your recipients aren’t going to be too happy when you pop up in their inbox after they took steps to banish you.

5. Monitor Domain Level Engagement Reports and Third Party Data: Even though Gmail doesn’t offer a feedback loop for complaints, you can assume that Gmail subscribers would behave about the same as the active portion of your other webmail customers (*not ALL those subscribers, but the active ones).  You should create a domain level email metrics report and monitor clicks, opens, bounces (by type), unsubscribes, opt-outs and spam complaints for your top sending domains. You can use this data to make judgments about engagement at Gmail, too and to determine if a specific campaign is causing higher complaints.

In addition, you should seed your lists using a product like Return Path to monitor inbox vs. bulk placement.

By putting these simple tips to work in your email marketing campaigns, you’ll increase your conversion possibilities in a big way by getting into the inbox and stay where you want to be, on the good side of one of the biggest email providers operating today.

 Colleen Petitt, Aprimo

• 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.

The email marketing industry needs standard reporting and metrics.

Today it is impossible to compare and benchmark response and deliverability rates across the industry because marketers get reports with different terms based on different calculations. Marketers are restricted in comparing reports and synchronizing data when looking to evaluate or change email broadcast vendors.

Inaccurate or inconsistent metrics diffuse the credibility of email marketers.  If our own metrics cannot conform to benchmarks, we lessen our ability to convince senior management and fellow digital marketers of our success.  It also hinders our ability to negotiate for resources.

You can help.  Read the quick background here and then take action with the links below.

The email marketing industry may be ignobly unique among direct and online marketing disciplines for our lack of measurement standardization.  For the past two years, the members of the eec Measurement Accuracy Roundtable (a volunteer member committee)  have wrestled with the problem of a lack of a consistent and unified standards for the most basic email metrics such as delivered, open and click.

 
Through our work, the Roundtable has built a foundation for industry standardization for these basic but important metrics.

We have created (and vetted) new definitions of key measures so that they are not only accurate, but the names accurately reflect the measure.  (You can read in past eec blog postings about the struggles and debates to come up with terms we could all support.)  Latest definitions are here.

We have surveyed dozens of email broadcast vendors (ESP's and MTA/on-premise providers) in order to audit existing reporting and gauge the level of variance across the industry.  Please note that the eec Roundtable does not support or claim that any one provider's method of calculating common metrics is better than any other.  Many ESP's and other broadcast vendors participated in the development of these definitions.  We are very grateful for their support.

The Roundtable has repeatedly come to the industry – practitioners, eec members and thought leaders – to gather feedback and insights.

Now it's time for action.


Here's how you can help us start the ball rolling.  Join our launch efforts now.

Voice your support (or dissent) for standardization of metrics in our industry.  Take this one question survey.

Read the definitions

Tell us your thoughts and send in any corrections to the Roundtable.

Commit.  Sign the petition to advance standard metrics now.

Join the Roundtable (eec members only).  Just email Ali at the eec.

Please place your comments below.  And stay tuned!

Thanks to the hard working members of the eec Measurement Accuracy Roundtable! 

- John Caldwell & Luke Glasner, eec Measurement Accuracy Roundtable Co-Chairs

• Cross-Channel Integration
• Deliverability & Rendering
• Email Design
• List Growth & Engagement

• Member Initiatives
• Speakers Bureau
• Measurement Accuracy

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.

When do fewer emails mean higher ROI? When your emails are hyper-targeted and truly one-to-one. That doesn’t mean you need a huge team of people contacting customers one at a time, like the telemarketers of old.  It only requires you to tap into existing technology and know-how to make it happen.

I like to say “happy birthdays mean happy profits” because birthday emails are a perfect example of this concept. When someone subscribes to get your emails, you get their birth date along with the other data you gathered about them upon signup. That date goes into your system and on or near the customer’s birthday, depending on how you have it configured; an email is automatically triggered offering a birthday bonus of some kind, like a free ice cream cone if you work for a chain of sweet shops, or a free movie rental if you’re marketing your video stores.

These emails get a remarkably high response rate because they are so targeted…and therefore, welcome.

You’re not limited to birthday emails, however, nor are triggered emails only appropriate for B2C marketing. Triggered emails come in three types—recurring, transactional and threshold—and can be used in a variety of circumstances:

• A recurring email can be a birthday email like we’ve described above, or could happen a certain period after a purchase, to remind a customer that it’s time to renew
  
• A transactional email can be one email, like a follow up to a purchase or download, soliciting feedback, or even a drip campaign following a purchase, giving tips on how to use the product (and also up-selling)
  
• As a threshold email can occur when a customer’s behavior has gotten to a certain point, say if they’ve purchased three songs from one album, you offer a discount on the album

In the past, marketers resisted moving from batch-and-blast to this kind of targeted, triggered approach because the cost seemed prohibitive. Between building the API and the software to handle the emails the technological cost made any chance of an ROI a slim one. Today, however, all top-tier ESPs and many secondary ones offer triggered messaging capabilities. That means you can make your email marketing program even more relevant without increasing your staff or IT costs.

Before we dive into the benefits and how-to’s of triggered emails, let’s review the terminology:

• Triggered means triggered by an event: A trigger based message is one sent out in response to a certain action within an email or on a website
  
• Targeted means segmented, with dynamic content, so different recipients get different email content and even colors and graphics
• Drip marketing is a series of messages triggered by an event, such as a purchase or whitepaper download (also known as lifecycle messaging)

You’ll also need to define the event or events that trigger the website. The event might be a click on a website, time spent on a page with no shopping cart activity, a coupon download, or a link clicked in an email. Or, to return to our earlier example, it might be date driven like a birthday or anniversary.

One-to-one triggered emails have a much higher ROI so even though you’re sending out fewer emails, you’re making more money off the targeted ones. But what do you need to do to be set up for that kind of triggered email?

1.    An ESP or in-house solution that enables triggered messaging

2.    An API to automate the flow of data from your CRM or in-house database to your ESP or internal ESP

3.    A content library, so your system can take from it to place the appropriate message in each email

Also consider that these types of emails typically use a transactional delivery engine vs. a marketing delivery engine, i.e. point-to-point transmission vs. one-to-many broadcast.

The one caveat happens when you start to collect the data upon which to define your rules. Do not ask for too much. You can ask for up to four pieces of information upon sign up, but any more than that, and your abandonment rate will soar. Instead, be very clear what information you want to start out with and only ask for that (based on what you can really use). Then over time you can ask for more information, and append that information to that subscriber later.

The idea of this kind of targeted email marketing might be daunting, but it’s really not difficult given today’s technology and pre-existing services. As a result, your triggered email messaging can be as sophisticated as you want to make it, to get the most ROI from your highest value customers. For example, your system can score a customer based on behavior, such as purchasing a higher-priced item, and offer an exclusive and limited price on another item as a reward.

Marketers have to start automating their email campaigns based on customer behaviors, such as shopping cart abandonment. Companies who’ve done this have experienced higher click through rates and conversion rates, without increasing staff costs. Alternatively, automating email programs around customer behaviors with hyper-targeted messages will result in a higher email marketing ROI.

And it leads to a higher engagement index, which means more of your subscribers are engaging with your email, which in turn will give you a better standing in the eyes of the ISPs…which in turn will improve your email deliverability and get you into more inboxes…and so on and so on and so on.

Sounds pretty happy to me!


- Marco Marini
CEO
ClickMail Marketing

• “Free”
• “Percentage off”
• “Buy now”
• “Urgent”
• ALL CAPS
• Special characters (!, %, $, @, *….)
• “Click here”
• And on and on…

1. Experience with client emails that go out with so-called spammy words in both the subject line and email body and hit the inbox just fine;
2. ISPs have evolved to much more advanced tools to track and reject legitimate spam; and
3. We see delightful, engaging emails that toe the line of “spamminess” make it into the inbox everyday. Overstock is another great example of a marketer that consistently uses all caps in their subject line to great success.