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+.  

Wow, that hour went fast!  The estimable Shaun Brown, partner, nNovation LLP, a law firm based in Ottawa, Ontario, Canada, spoke about the new Canadian privacy legislation – referred to as Canada’s Anti-Spam Legislation (CASL – an acronym that many speak like the word “castle”) – that has many email marketers confused on compliance requirements and timing.  Listen to the November 10th webinar (and we highly recommend it) for free here.

Brown compared CASL to something many of us already know – the U.S. CAN-SPAM law of 2003.   Bottom line:  In many areas – permission, notice, coverage and risk – CASL is much broader.

• 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.

Compliance with the anti-spam aspects of CASL encompasses three broad categories:

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.

CASL was created with both public and private enforcement opportunity.  The Canadian Radio & Telecommunications Commission (CRTC) is charged with enforcement.  This is a civil enforcement agency, there are no criminal provisions.  There is a private right of action available to any individual impacted.

Right now, the law is not in force.  It was passed in December 2010 and regulations were published for comments this past summer. The Government is still working through those comments (there were many!).  No timetable is published for a second set of regulations; however Brown expects something by early 2012.   The government is also setting up a Spam Reporting Center, which will be a website to gather evidence and monitor trends as well as provide consumer education.


In preparation for enforcement, Brown recommends three primary areas for marketers and senders:

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.

As with any legislation, the devil is in the details.  The Email Experience Council recommends that you have legal counsel review the law and determine the next best steps for your organization. In the webinar, Brown gave his thoughts on some key business issues and applications:

• 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.

Many thanks to Shaun Brown and nNovation LLP for an excellent presentation and generous review of so many audience questions. nNovation LLP is a pre-eminent Canadian law firm that advises companies, industry associations and other private and public sector parties in their business relationships and practices, and in connection with a broad range of Canadian regulatory regimes. With several years of experience both in the public and private sectors, Shaun’s practice focuses on emarketing, ecommerce, privacy, and access to information.   

Thanks also to the eec's Deliverability & Compliance Roundtable, led by Matt Rausenberger of Return Path and Dennis Dayman of Eloqua, for sponsoring and organizing this event.

If you are not an Email Experience Council member, please join us for free access to these kinds of event and resources.  If you are a member and would like to join one of our member Roundtables (committees), please email Ali.


- Stephanie Miller
eec Co-Chair

1. Online Privacy Protection Bill:  A “Discussion Draft” of a bill to require notice and consent to any individual PRIOR to collecting or using personal information was released in early May in the US House of Representatives from Representatives Rick Boucher (D-VA) and Cliff Stearns (R-FL).  Industry and consumer groups alike are not happy with the draft, including the DMA.  Although it may seem at first that the so-called Boucher Bill was just about online behavioral advertising conducted by large marketers; it turns out that it’s very broad and far-reaching on privacy and data security.  During the webinar, Jerry Cerasale, VP, Government Relations for the DMA, gave a very good overview of coverage, exceptions and terms of notice.  Basically, it impacts nearly all kinds of “first party” senders as well as any other company that has access to that data as a “third party.”  It proposes coverage of an extensive list of “unique and persistent” personal data on consumers.
   
   “One potentially bad impact this could have on the email industry concerns the scope of covered data, including email address, IP address, and other unique, persistent identifiers,” says panelist Tom Bartel, CIPP, VP, Receiver Services at Return Path.  “If the exceptions for transactional and operational purposes and for service providers are not effective and clear, this bill could interfere with many industry collaborations.  This includes IP-based reputation systems – data that determines if email messages reach the inbox or not.  It may also impact the operation of Feedback Loops provided to email senders by mailbox providers like Yahoo! and Hotmail.  These feedback loops are a key component in how the industry keeps bad actors out of the email ecosystem."
   
   Both Representatives Boucher and Stearns have indicated a willingness to work with industry and have requested comments on the bill, due by June 4th.  Cerasale said the DMA will be commenting.
    
2. Expansion of FTC Powers: Congress is also considering significantly expanding the powers of the FTC as part of the Wall Street Reform and Consumer Protection Act (HR 4173).  There is not a corresponding bill in the Senate, although Cerasale said in the webinar that one may be introduced later this year. 
   
   Part of the proposed regulation would give the FTC “unbridled authority” to create rules around “unfair or deceptive acts or practices” for many industry sectors.  Cerasale expressed concern about this, and said that more checks and balances are needed.  It is also unclear how this expansion will impact emerging technologies like social or mobile, he said.
   
   Another part of the proposed bill increases the FTC’s enforcement powers to seek civil penalties.  “That may be helpful in catching spammers and other abusers of email marketing,” said Rick Buck, CIPP and VP, ISP Relations and Privacy at e-Dialog.  “Marketers who feel they are exempt from prosecution because they are legal under CAN-SPAM may be following the letter of the law, but not the spirit.  I encourage everyone to go beyond the legal requirements and aim to provide email experiences that are welcome and engaging to subscribers.”
   
   The FTC’s Greisman said only that, “We welcome any support from Congress that helps the agency be more effective and efficient.”  There are some “tools that we lack which Congress may grant us the power to use,” she said.
   
   A third element to this proposed legislation is on responsibility/liability of the delivery provider (broadcast vendor, ESP, MTA Vendor) if their clients do not follow CAN-SPAM or other regulations.  “This aiding and abetting aspect is very concerning,” said webinar panelist, Dennis Dayman, VP, Privacy & Online Security at Eloqua.  “Blurring the lines between purveyor and sender may place an undue penalty on others in the ‘chain of responsibility’ for all brands involved in online advertising or other online acquisition efforts, like third party email senders and publishers,” Dayman said.

Greisman also reported in the webinar that there is no significant update on the behavioral targeting protection guidelines that the FTC has had out for comment for over a year. “Nothing will happen without input from industry,” she said.  Since the mandate from the FTC has been, “self regulate or else,” the webinar panelists Buck, Bartel and Dayman had a number of suggestions for marketers to follow best practices, including:

1. Ensure transparency in disclosure and notice of permission and use of data.
2. Be very clear about opt out vs. opt in.  CAN-SPAM requires only an opt-out, but that is the “bare minimum,” Buck advises.
3. Update your Privacy Policy and provide prominent links.
4. Audit your data usage practices.
5. Be clear on use of data in all web forms and at the point of collection/sign up.

Marketers and everyone in the email industry can support the FTC, Greisman said.  She suggests:

1. File a complaint.  When those complaints are also referred by the DMA, they are particularly helpful, Greisman said.
2. Make sure your opt out mechanisms are working.  (e-Dialog’s Buck recommends checking this at least annually, and preferably monthly.)
3. Be clear about the sender and the advertiser relationships.  (Return Path’s Bartel recommends first party senders consider “framing” the content from third parties or advertisers and clearly distinguish between editorial (original content) and advertising.)
4. Keep data clean, particularly around new sources.  (Eloqua’s Dayman also recommends care around affiliates’ use of data.)

The legislative update webinar was sponsored by Eloqua, e-Dialog and Return Path, with technology sponsor GoToWebinar.  The recording of the full event is free for eec members.  More details on these and other legislative issues important to digital and direct marketers is in the DMA’s quarterly government affairs newsletter, Politically Direct.

- Stephanie Miller
Return Path & eec

Are you struggling to increase your in-house email list in order to extend your marketing reach? There is a growing percentage of the online population that does not sign up for emails or newsletters. Instead they get their information predominately through social networking sites and portals. To reach them, one has to get to them either through their contacts, the groups they belong to, or those they follow. But email can be the vehicle to do just that.

Email can enable and even encourage content to be shared with social networks like Facebook and LinkedIn. This then allows for an extended reach to those people who haven't opted in to receive emails from you. Plus the marketer retains some control over what specifically can be shared. For example, it might be a video, particular imagery, or a special offer. You as the marketer get to decide.

In addition to getting your content exposed to a much broader audience, sharing email content gives those doing the sharing the opportunity to add value to their respective networks. This is a huge motivator for many social networkers because it puts them in the role of trusted advisor. (Consider how often a tweet from someone in your network is simply a retweet.) This also allows a marketer to enable their audiences to evangelize on your behalf. 

This opportunity to reach the previously unreachable, and to simultaneously empower your audience to demonstrate value to their network, can lead to very high conversion rates, especially if your goal is to not only reach new prospects but also to add new subscribers to your in-house list.

The latest statistics indicate that the number of people seeing content increases approximately 24% with social networking/email integration compared to relying on email alone. That's a massive increase for virtually no cost. FTF (forward to a friend) has been considered an email best practice for years, and it's one marketers should keep doing. But social forwarding features blow it away when you look at the extended reach enabled by social networking vs. FTF email.

The typical social networker has approximately 160 connections. When they share something in their network, the message they are sharing is exposed to their whole network. Compare that quantity to the person who forwards an email using FTF: Typically 1 in 1,000 email recipients actually forwards via FTF, and of those that do, the vast majority forward to 3 people or less. And hardly any of them subscribe as the result of getting the forward. It's easy to see that when you provide interesting, valuable and relevant content into a socially networked environment (i.e. content people will want to share), some of the new people you've just reached will sign up with your company directly for future news or shareworthy information.

When you add social networking integration via a tool like Share-to-Social or Social Forward, be sure to provide instructions to your audience about how to share specific offers or content, and help them understand why they should. Language such as "Click the Facebook icon to the right to share these recipes with your network" tells the user the action to take (click to share) and implies the benefit (you'll delight your friends).

All of this, however, is predicated on having information worth sharing. Your content has to have value. It must be relevant, interesting and appealing. Period.

The organic list growth opportunity is staggering too, as the latest research from MarketingSherpa and authors David Daniels and Jeanniey Mullen* show that the typical lifetime value of a new email address is between $120 and $180 each! Growing your list by just 100 recipients would play out to something like a $15,000 lift to the bottom line. Cha-ching.

Email marketing still offers the highest ROI. Imagine what you can achieve when you multiply its reach by integrating social networking features into your email campaigns!

*In their book, Email Marketing: An Hour a Day

- Marco Marini
CEO
ClickMail Marketing

 

Video in email. Not a week goes by without a webinar, blog or email newsletter mentioning the topic. But is video in email the real deal? Or is it still too early to start whipping out the camcorders and hiring scriptwriters?

To get a better handle on the topic, I turned to ClickMail Marketing's CTO, Cameron Kane, for some insight. Cameron is paying close attention to the video vibe and was deploying video for clients way before the hype. But whether or not video is ready for prime time is the topic I asked him to speak upon.

First off, Cameron says you need to be clear on your motivation. Video can be a good tool to engage prospects or re-engage existing customers. But make sure you'll use it that way. Ask yourself, "Will this really help me engage the customer or am I doing this because it's the next shiny new thing?"

Next, Cameron cautions being aware of the different ways to deliver video. Which method you choose depends in part on your audience and in part on how much success you want.

1. As a static image that clicks through to video on a landing page – This is an image with a Play arrow on it indicating it will start a video. The video starts playing upon the click through.
2. As an animated .gif that plays in the email – Cameron says this is a good way to go if you can get the point of your short video across without sound. "It should be used as more of a lure than the full-blown video," he says. But it will not play if images are suppressed. And it only shows the first frame in Microsoft Outlook 2007, so when you're creating it, you must make your first frame a static image with an arrow (as above) so the user can click through. For this reason, it's a bad choice if you're a B2B marketer as so many business people use Outlook.
3. As certified video that plays in the email with audio (AOL only) – Right now this applies only to AOL, although other ISPs are joining, like Comcast. "I think the expansion into ISPs needs to widen a tad before we can really speak to this," says Cameron. "The home run is if they can get Hotmail, Livemail and Gmail. Then video will be pervasive," he says. Certified video has just come onto the scene and it will be very interesting in watching this playout. The implications on this front go wide and far. I think the best has yet to come.
4. As embedded Flash video: "Very bad idea," says Cameron. "We could do this 5 years ago, but no longer."

Of the four choices above, Cameron recommends using the static image for a B2B audience. If the audience is B2C, he says, start with an animated .gif and do an A/B split test. If the animated .gif works, filter your AOL audience and if that audience is big enough and a lift in revenue would be significant, use the certified video for that segment. "I would see this option as the best for large retailers," he says. Although he also points out Goodmail hasn't done their homework yet on the effectiveness of video and whether or not there's a lift in ROI. "They don't have conclusive data as of yet on the lift a sender would receive if using video," he points out.

If you use video in your email marketing, there are still email best practices to adhere to. Just because you're adapting a new approach and technology doesn't mean the old rules no longer apply. Things to keep in mind when using video in your email marketing include:

• You still have to be relevant and targeted
• It's still email. You're still trying to get the recipient to do something, to take some kind of action
• You still have to measure its impact
• You still have to test
• You have to consider bandwidth and rendering issues

Most of all, perhaps, and this is where the discussion about video in email gets fuzzy, you have to consider image blocking. A recent webinar on video in email hardly spent 10 seconds on the topic, but the reality is, if your recipients have images suppressed, it doesn't matter which method you choose to deliver your video in the email: They won't see it.

As Cameron says, "You have to get them to download images, then view the email and video, then click through. This is all before they hopefully convert. There's lots of room for drop out."

So maybe it's worth waiting a while before you "drop in" to the video in email camp.

 

- Marco Marini, CEO, ClickMail Marketing

 

 

 

 

 

Not every email marketing best practice is an obvious one. In fact, in our experience at ClickMail Marketing, there are quite a few best practices that companies seem to look over or deliberately ignore. The result? The opposite of best practices, or what we kindly call "common email marketing mistakes" rather than worst practices.

In an industry where a half a percentage point can make or break a campaign, it's our opinion that tweaking and optimizing every possible factor is worth the effort. With that in mind, I asked our staff to compile a list of the top 10 mistakes they see when deploying email campaigns on behalf of clients. The good news is that they only came up with nine. And the even better news is that these are all easy best practices to adapt and adhere to.

Below are the common mistakes seen by the staff at ClickMail, and what you can do to avoid them:

Common email marketing mistake #1: Sloppy Copy

• Check your spelling. Copy and paste into Word and run spell-check if you need to. Also check the spelling in your links. If your URL is wrong, so are you.
• Read the copy. Don't scam, skim or skip over. Reading is the only way to ensure proper use of language like "their" vs. "there" vs. "they're", missing words, incorrect punctuation or poor sentence structure. Best practice: Print it out to read on paper. Even better best practice: Read it out loud.
• Employ a second set of eyes for final review. Once you've written, read and edited the same piece of content many times, it is no longer fresh to you and errors are easily overlooked. Ask someone else to run spell check and read the copy. You may be surprised to see what you missed.

Common email marketing mistake #2: Crummy Coding

• Set the pixel width to 600. This prevents the need to scroll to the right—and the potential to lose interest if someone feels they have to do too much work to read your email.
• Don't use CSS (Cascading Style Sheets) in your HTML coding. It is stripped out by many ESPs, meaning your message can be lost. Even if you've spell checked it and done all the best practices described above!
• Many ESPs also suppress images by default, as do email clients (about 80%). Do not create your email message out of one big image or your subscribers may only see a blank page with a little, tiny red X. If you use any images, to be on the safe side, utilize a View Online feature so they have another way to see images if they are suppressed.

Common email marketing mistake #3: Cold Calls to Action

• Your call to action (CTA) should be in text format, not an image because—as mentioned above—images are suppressed by default by many email service providers and email clients.
• Include two to three instances of your CTA above the fold (in the first 300 pixels). Make sure to include at least one graphical and one textual CTA.
• The top one-third and the left-most area of your emails are the most valuable real estate. Try to place a CTA those areas, in text and as minimal images.

Common email marketing mistake #4: Poor Subject Lines

Your subject line should be seven words or less (or 35 characters). Most people know this but might not know that the following conditions in a subject line can be flagged as SPAM:

• Percent of Capital Letters: Too many uppercase letters compared to lowercase letters
• Repeating Capital Letter: Too many upper case letters in a row (e.g., SALE)
• Gaps: When the words have gaps between letters like s*t*y*l*e
• Repetition: When letters or characters are repeated (*****)
• Special Character Flag: Overuse of special characters (e.g., & $ # @ ( )[ ] !)
• Punctuation Flag: Too much punctuation (…) or the type of punctuation (!)
• Word/Space Ratio: Spammers use blank spaces to catch the recipient's attention resulting in a high ratio of spaces to words
• First Character Flag/First Word Flag: Subject lines starting with a special character or punctuation. Words like "Free", "hey", "Sale" etc.

Common email marketing mistake #5: Obscure "From" Label

Your From address is key information used by subscribers to determine if your email is spam or not. If it's not relevant or recognizable, they may mark it as spam, or just delete it without opening it.

Common email marketing mistake #6: Floating From Address and/or Domain

Keep a static "From" address and/or domain, and ask to be added to the recipient's Safe Sender list at the top of each email.

Common email marketing mistake #7: Lazy Lists

• Utilize the Forward to a Friend (FTF) feature to organically grow your list.
• Practice good and consistent list hygiene. Most people know to honor opt outs in 10 days to be CAN-SPAM compliant but you should also clean your list(s) of hard bounces after each send, plus monitor soft bounces and remove from your list as needed.

Common email marketing mistake #8: Competing Links

Don't include competing links, period. Unless it's a newsletter, most emails should be single subject with a single call to action. If it's a sale, link to the appropriate sale items. If it's an invitation, link to the registration page etc.

Common email marketing mistake #9: Unfair Unsubscribe

The unsubscribe link must be the first step, per CAN-SPAM. Don't make people jump through hoops to opt out.

Now, I hope you read the nine common email marketing mistakes above and nodded your head in agreement, confident you're innocent of all.  If not, if even one of those nine listed tripped you up, go fix it now and increase your ROI later as a result.

 

- Marco Marini, President & CEO, ClickMail Marketing

Marco Marini is an acknowledged expert in e-marketing with over a decade and half's-worth of experience in the field. Before taking over as CEO, he was CMM's VP of Marketing & Operations. Marini has also held key marketing positions with CyberSource, eHealthInsurance, DoveBid and IBM Canada.

Though growing your email database takes time and effort, when done correctly, it will house your most qualified and responsive leads. A well structured email database will enable you to boost sales with more targeted messages and offers, extend the lifecycle of any campaign and increase customer retention with regular and relevant communications.

Consider the following techniques to acquire new leads and grow your email list with success:

1. Who is your ideal lead and how do you reach them? Create a profile for your best customer(s). This should include things such as age, gender, hobbies, job function, how they shop (online or at stores), where they shop, what they read, what websites they visit, etc. Depending on the product or service you are marketing, some of the above will be more relevant than others. For example, if you are marketing a clothing line, job function will be less relevant than where and how they shop, where as if you are marketing a trade publication, job function and industry will be extremely important.

2. Analyze your competition. Take some time to find out what your competitors are doing to build their email lists. Start off by going to their websites. Then do a web search on your competition as well as relevant key words, and take note of any banners / CPC ads that appear. Be sure to click through to check out what their landing pages look like and what type of information they are choosing to capture. If they have an e-newsletter, sign up for it. This is an easy way to start receiving their email campaigns. All of these steps will help you find out what type of promotions they are running, any marketing alliances they have formed, and how they are positioning their product or service.

3. Reach your best customer. Once you've created your customer profile(s) and finished your competitive analysis, you are ready to develop your list growth strategy. Your strategy can include initiatives such as: banner ads on websites that your target audience visits, a PPC campaign, direct mail or email campaigns to magazine subscriber opt-in lists, etc. You can also approach other products or service providers for co-promotions or mutually beneficial partnerships. Starting an e-newsletter or a blog for your company are great ways to grow your list as long as your content is desirable. The lifecycle of any campaign can be extended with behavior-based trigger emails.

4. Your offer is everything! Unless your offer is relevant to the recipient, they will not respond to your campaign. Your offer will need to prompt the recipient to make a purchase or willingly give you their information in exchange for something they want. For instance, you might send an email introducing your company to a magazine subscriber opt-in list that you know your target audience reads. By including a free downloadable premium such as an industry salary guide, a list of the hottest bars in town, or a best practices whitepaper – what ever might be most relevant to your target audience – recipients will need to provide their email address and demographic information in order to download the premium. Once you've captured their information and they've opted-in to your database, you will be able to communicate with that lead on an ongoing basis.

5. Your offer is almost everything! Unless the recipients receive your email, they cannot receive your offer. Therefore, be sure to comply with email marketing best practices: include a physical mailing address, an opt-out link and a subject line that reflects the content in your email. Also, when writing your email, try to stay away from words that are flagged by spam filters.

6. Create a landing page. It is extremely important to guide the campaign recipient through the entire process. By creating a landing page on your website that mirrors your campaign's message / offer, you will encourage the recipient to fill out the form with the ultimate goal of opting-in to your list.

7. Use a lead capture form. Your landing page can either link to a lead capture form or you can embed the form in the landing page itself.
a. Since people are more prone to filling out a short form than a long and drawn out questionnaire, limit the amount of information you are asking them to provide in exchange for their premium. Besides the basic name and email address, think of including one or two other demographic questions. These questions should be well thought out to provide you with information you can leverage for future email campaigns.
b. In addition to the demographic questions, your form should include a check box giving people the option to opt-in to your mailing list and receive information about your company and future promotions. According to the CAN-SPAM Act, if people do not explicitly say that they would like to receive emails from you in the future, it is unlawful to send them commercial marketing emails.
c. If you do not currently have a way to capture leads, an easy way to do this is through your email service provider. Most ESPs will provide you with both the lead capture form and a database to house the acquired leads. They will also manage your opt-outs for you.

8. Track your efforts. If you track your list building efforts, you will be able to pinpoint which initiatives are working the best and focus more of your energy on those. You might decide that others aren't worth your time. Easy ways to track your initiatives are:
a. Web Analytics: sign up for a free Google Analytics account. This will enable you to track how many people are visiting each page on your site and which campaign they are coming from.
b. In your lead capture form, include one question asking people how they heard about you with a drop down menu where customers can select from a list of your current list building initiatives.
c. Landing Pages: create a separate landing page for each marketing initiative so you can track page visits to these dedicated pages through your web analytics account.
d. Dedicated 800 numbers: there are services that will provide you with a range of 800 numbers that redirect to your main phone number. Including a dedicated 800 number on each landing page will enable you to associate each call with a specific campaign.

Remember, even if you are accurately targeting your best customer, your campaign will only be a success if you get them to act on your offer and opt-in to your database. Be sure to spend enough time tailoring your message and the offer to the people who will be receiving your campaign.

- Yael K. Penn, Founder and Principal, Imagine 360 Marketing

Diving headlong into the world of email creative is tough if you don't have all the lingo down. Here's a handy cheat sheet for those who are still polishing their grasp on the glossaries, and a brush up on definitions and best practices for those who already know their stuff:

(1) The Preheader
These small and subdued text blurbs at the top of your emails are getting more play these days. Particularly as more folks browse their inboxes from mobile devices, this first glimpse of the main message becomes your crucial chance to grab their interest. A preheader informs a recipient of what the email is about, how to view it with images and/or from a mobile device, and how to ensure future delivery via content teaser snippet(s), the "view with images" prompt and/or the "add to address book" prompt. Think about what text snippet you want customers to see first. Probably something a little more engaging than "If you are having trouble viewing this email with images…"

(2) Header and Navigation
This often takes the form of a colored banner and encompasses anything that lies between your preheader and main message. It's the space for your company logo, and—depending on the message content—it may also include menu items that link to other pages of your site, just in case the main message doesn't quite strike the fancy of the viewer.

(3) Primary Message
Your email's big push deserves a lot of attention from you since you're looking to earn the attention of your subscribers. A harmonious balance of headline, body copy and supporting images delivers maximum impact. This should include a prominent primary call-to-action (ideally in the form of a big, beautiful, "bulletproof" button!) and a link to a landing page with a cohesive look and message that will maintain enough interest to turn that clickthrough into a conversion.

(4) Table of Contents
These come in handy for longer, newsletter-form emails that contain tons of content, allowing customers to skip right to what interests them rather than having to scroll all the way down. The TOC works most effectively as a bulleted list at the top of your email that is anchor tagged to hotlink directly to content. Fitting this into your preview pane, along with your primary message and call-to-actions, will also help it gain enough attention to earn its keep.

(5) Submessage(s)
Adding secondary and tertiary messages to your email gives you the opportunity to present another story or two. Just make sure you don't lose your viewers in a maze of information. Keep it clean with visual prompts like color, strong headlines, imagery and graphics. Submessages are usually organized in a siderail or layer-caked below the primary message.

(6) Recovery Module
This is your final outpost, your last chance to capture the clickthrough of anyone who may have sailed through your main message or submessages. The recovery module is often a bar at the bottom of the email that includes a list of links to your site, or potentially an incentive to grab your subscribers' interest before they slip back to their inboxes.

(7) Footer
Using the same sort of subdued, "legalese" text that comprises the header, this is another place to include the essential nuts-and-bolts info. The unsubscribe link is tucked away here along with company contact details, "forward to friend" and customer service links. And of course, make sure it's CAN-SPAM compliant!

Now that you know all the lingo, can you identify all seven message components across these two REI emails?
–> REI Triathalon
–> REI Paddling Newsletter

Talk the talk; walk the walk!

As ever,
Lisa Harmon of Smith-Harmon

–>Read other Make it Pop! posts.

As I rolled into work this morning, I logged into my Gmail account to see what random emails came in over the 6-hour window of time I was sleeping. Lo and behold….a message was sitting unread in my inbox.

The message was from "AIM Member Message" and had the subject line "What's New with AIM?" If I wasn't the type of person who opens every email (if only to critique them from a best practices standpoint), I would have "junked" this one immediately. Who is "AIM Member Message?" Why not "AIM" or "AOL Instant Messenger?" If you are going to have a terrible From name, at least wow me with the subject line, right? "What's New with AIM?" Boooooooring.

Two strikes for AOL before I even open the message. But, again, I open everything. Maybe they were banking on that fact. Maybe they didn't really spend any time thinking about the From name or subject line. Maybe they don't have a dedicated team of email marketers who are thinking about email as a strategic tool. Maybe it's a combination of all three or "none of the above." Who knows? Either way, it's not a great start.

Did I mention that I can't remember ever receiving an email from AOL (not in my Gmail account anyway)? So my next question (zinger) is how did they get my email address? Followed by…why the random, seemingly out-of-the-blue email? Oh right, they wanted to tell me "What's New with AIM." Too bad I don't care or more importantly, never asked to be emailed by AIM. Good thing they put the disclaimer in fine print in the footer.

Now…to the message. On first glance, a decent design for images off. Three text links—one "Find Out More!" followed by two "Start Now!" At least the valuable disclaimer/opt-out shows up with images off.

Moving onto the message with images on, I realize there are several key calls-to-action that are now viewable. So much for a nice design with images off. First off, apparently this is the AIM Newsletter. Who would've known? What *is* the AIM Newsletter anyway? A weekly message? Monthly communication? Whenever-they-feel-like-it email? Looks like they want me to download AIM. Funny thing is that I already have an AIM account. In fact, I've had one since AIM first launched sometime in the late 20th century. AOL collects a ton of data (I assume). Shouldn't they have already known that little tidbit? How about segmenting the list…targeting emails?

Continuing down below the fold, it looks like they want me to "start using [my] free AIM Mail Account." Again—been there, done that. My AOL username dates back to the dial-up days of 1995.

Finally, at the very bottom of the email—well below the fold—I get some neat new information: Mobile AIM! Yes. I can now access AIM on my mobile device. I guess it's about time to purchase that smart phone. I've been told they are pretty cool.

Unfortunately, I'm no longer shocked or surprised when a multi-billion dollar company does not understand the basics of email marketing. In the email ecosystem, industry experts often get dinged for hammering "email marketing 101." Marketers shout, "We get the fundamentals. Show us the new stuff!" But then…we get emails like the one from AOL/AIM/AIM Member Message.

Thanks AOL for keeping our jobs easy….

—DJ Waldow of Bronto Software

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

Before DMA07, we solicited questions from our members and subscribers, promising to post them in our booth at the show and recruit email experts in attendance to answer those questions. We got some great questions and tons of great answers:

1. How important is it for email creative to match the same look and feel as the order page/landing page?

Marc Pitre, Wampower.com: It's critical to keep the branding consistent between emails and landing pages. Both the creative and the message itself must be consistent to be impactful to the end viewer. It's too easy to dilute your message, so keep it consistent.

Andrew Osterday, Premiere Global Services: Landing pages are often ignored or an afterthought, but can have a strong impact on conversion. The flow from email to landing page should be seamless in both messaging and look and feel. Consider custom landing pages rather than linking to the site.

Stephanie Miller, Return Path: Very. Especially in promotional messages and prospecting. Be sure that the offer in the email is front and center—don't make me scroll. Using a custom landing page can improve conversion rates up to 50%. Definitely worth the investment in optimizing landing pages—they are the fulfillment of the promise created in your email message and it should be a seamless experience.

Michael Fishers, Alterian: It is very important—lack of matching in look and feel produces confusion, feels uncoordinated and impacts response accordingly.

Joel Book, ExactTarget: Providing creative continuity between the email and the associated landing page is vital for driving response and conversion. According to Forrester Research, "92% of business decision-makers go online to research products and services before buying offline." By using email to deliver relevant offers to customers, marketers are accelerating the buying process. The key is to make it easy for the customer to buy—having consistent look and feel for email and landing page achieves this objective.

2. Do the same elements found in traditional printed letters (salutation, closing, signature, p.s.) work for emails?

Melinda Krueger, Krueger Direct: Yes, to the extent that they reflect a personal, one-to-one approach to communication. Corporate "billboards" are easy to ignore; personal correspondence is not. Consider the "voice" and use the personal pronoun!

Elie Ashery, Gold Lasso: Yes, depending on personalized and relevant the message is. Personalization doesn't necessarily mean name, but rather actual content.

3. What do you consider best practice when it comes to accessing and changing email preferences? On one hand, it has to be easy for subscribers to go and edit their subscriptions. On the other hand, no one else than the subscriber should have access to change the subscriber's information. Do you recommend a login, a verification email with required action before changes take effect, a notification email notifying the subscriber that changes have been made, etc…?

Loren McDonald, J.L. Halsey: The simplest means is to include a link in the subscriber's email so that only they can click through to the preference center/update profile page. For sites that link registration (e.g., an ecommerce site), you can link the two processes. A notification email that confirms the changes is always a good idea.

Jeanniey Mullen, Email Experience Council and OgilvyOne: The preference center is a critical element of a successful email program. It can increase the life and engagement of your consumer. Keeping access to preference centers secure is critical but so is keeping access simple. Most companies offer encoded links to preference centers that allow you to bypass the logon elements. If you are using a secure center, password retrieval features are key.

Joel Book, ExactTarget: The key to using a preference center to gather customer needs and interests is to ask for only that data which is needed to deliver relevant and timely information through email. It is critical that you explain why you are asking for this information, how it will be used, and how the customer can update his/her profile. Remember, you are building trust.

Melinda Krueger, Krueger Direct: Consider a 1-2 punch. First capture the impulse to subscribe, then, as an optional second step, ask for more information. Consider offering an incentive (tied closely to your email value proposition) and explain that you are asking to avoid sending irrelevant emails.

4. Is there a proven happy medium between images and text in an email? Do too many or not enough images reduce response?

Elie Ashery, Gold Lasso: Email marketers today need to design their emails with the assumption that their recipients' have their email clients set with the images turned off. This means that the recipients should be understand the gist of the message without its images. Images should be used to enhance text, not replace it.

Chad White, Email Experience Council: The "happy medium" is per industry and depends on both your content and the reader in which the person will be viewing the email. For example, a B2B email that's likely to be read on a Blackberry should be all or mostly text. But retail emails where product images are so vital should be mostly HTML.

5. How can you tell if an email is being read in a preview pane only then deleted?

David Daniels, JupiterResearch: If someone clicks in a preview pane, can you hear them? It is all about behavior. If there are no clicks, there's no engagement, so attempt tactics for reactivation (survey, sweepstakes, etc.). The only real way to determine if an email has been read is by clicks.

Stephanie Miller, Return Path: Great question! Technically, there is probably not a way to get 100% pure data unless you put a "pixel" that is triggered by the scroll. However, you could track performance by proxy in one of two ways: (1) by putting a "morse type" link at the top (visible even when images are suppressed) that promotes the offer and "opens" the email, or (2) by analyzing clicks on text links below the fold which are not visible when images are suppressed. Frankly, I'm not sure why this measure is valuable if your preview pane is optimized, it will drive engagement, not a deletion.

Loren McDonald, J.L. Halsey: Open rates are tacked via a tracking 1-pixel image. So if images are enabled and a reader "views" the email (whether it is opened or not) it will count as an open. If images are blocked and the email is viewed in the preview pane (or fully opened), it will not count as an open. As a result, click-through rates are a much better gauge of email activity.

6. Can a newsletter sell or is it better for branding?

Jordan Ayan, SubscriberMail: Email marketing is about building relationships. If you approach it as a sales medium, you are looking at it from the wrong perspective. Can you sell with email? Absolutely, but for long-term success, you have to focus on delivering relevant content that highlights your brand and keeps recipients wanting more. Then they will give you permission to sell them electronically.

Kara Trivunovic, Premiere Global Services: A newsletter can sell if it is done right. The newsletter should be editorial in nature, with a majority of the content being relevant, value-add information. If sales copy is going to be included, it should be done as a soft sell, wrapped in editorial when possible.

Stephanie Miller, Return Path: Yes! Optimize to do both: (1) Educate customers about the full benefits of the products. (2) Engage subscribers to interact with your company, website, sales team, blog etc. (3) Lead prospects down the sales cycle by educating and asking questions.

7. Is it practical/realistic to budget for file growth from viral marketing? Can we count this as a tactic, or is it just "either."

Michael Salin, M.J. Salin & Associates: Yes! Emerging marketing genre are heavily based in viral practices…word of mouth, social networking. You should test and quantify viral programs – consumer talking to a consumer is the highest/strongest marketing communiqué. Quantify the send and free creative is a way to promote the idea.

Chad White, Email Experience Council: You can definitely budget for viral growth. In general, you can expect pass-along rates of 1%-2%, but it depends on the prominence of your send-to-a-friend links and how often you encourage readers to forward your emails. For instance, some retailers have "friends and family" event emails where part of the messaging encourages recipients to forward the discount offer to others. Doing emails like that will boost your pass-along rate.

8. If no legitimate ESP will allow the use of purchased lists in their system, how do data brokers and email appenders who focus on this market stay in business?

Craig Swerdloff, Postmaster Direct: Our experience has been that top-tier ESPs will send for lists that offer list rental, assuming certain requirements are met. They include explicit permission from recipients, proper list hygiene, good reputation scores, and compliant/unknown user rates within allowable thresholds.

Stephanie Miller, Return Path: The owner of the data sends the message on your behalf—so the initial mailing is from the data source inviting the subscriber to opt-in for email from you. Many marketers who send mail in-house, use internal append very successfully. There are best practices to ensuring your sender reputation is protected.

Loren McDonald, J.L. Halsey: List brokers manage the email databases for companies whose list members have agreed to receive third-party offers. The emails are sent "from" the list owner to the list member. Once the subscriber opts in to specific a marketer's program, they have given permission to the marketer. At that point, ESPs will allow the company to send to the subscriber.

9. What is the single most popular offer that drives people to register and share their information? We are desperately trying to collect emails from our customers and it's been very challenging.

Stephanie Miller, Return Path: As is true in all direct marketing, offer something perceived value for free. But the question should really be around how you can construct a powerful email experience that will entice and engage your prospects. While many will sign up for something that is free, your response and ROI will only come when the email program itself has consistent value.

10. What is the right frequency for retail email programs? It seems like many retailers are at 2x+ per week. Does not mailing at that frequency hurt my chances?

Austin Bliss, FreshAddress: Unfortunately, there is no "right" frequency. You should send on a schedule that provides value to your recipients—e.g. if you have daily sales, you can send daily. But if you have nothing to say 2 times a week, you shouldn't mail at that rate because you will have incurred complaints/unsubscribes.

Chad White, Email Experience Council: There are lots of factors to consider here, including the frequency at which your products tend to be purchased, the content of your email (both promotional and service-oriented content), the length of your email, etc. For example, Blue Nile emails once a month, recognizing that jewelry is not a frequent purchase. Home Depot, on the other hand, sends once a week, targeting subscribers' weekend projects. And then there's Neiman Marcus, which emails 7+ times a week, engaging its fashion hungry subscribers with info on new products, store events, discounts and video and article content.

11. If you send five or more emails to the same recipient and they aren't opened, does your domain/IP get reclassified as spam by the ISP? This obviously isn't standard across all ISP's. If this is in practice by some, which ones are they?

Stephanie Miller, Return Path: List quality is definitely a factor in sender reputation. Having a large number of non-responders on your file could reduce your "score" among ISPs/receivers. ISPs generally don't publish the "rules" that they use, as publishing them would expose them to abuse by spammers.

HAVE SOME INSIGHT TO ADD? Please comment below, just be sure to include the number of the question that you're answering.

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

Bulldog Solutions hosted a live roundtable on Email Deliverability for BtoB Lead Generation earlier this week. We expected a great turnout for this Webinar—and we weren't disappointed. More than 50% of registrants made time to attend the hourlong live event—an attendance rate that exceeds nearly every measure for online marketing we track in the Bulldog Index.

Our panel included two familiar EEC names: Stephanie Miller of Return Path, who is the EEC's vice chair for member initiatives, and Michelle Eichner of Pivotal Veracity, who leads the EEC's deliverability and rendering roundtable. That group produced the March report on email standards and bounce management that we referred to several times during the webinar. We also had Ryan Rutan, a senior programming analyst at National Instruments, who offered his perspective from an organization that's confronted many of the issues marketers are facing. You can view a recording of the roundtable here.

Prior to the webinar we solicited questions from our registrants, a practice we typically employ to help us ensure the panel addresses the audience's biggest pain points. As the EEC's Jeanniey Mullen pointed out, the questions themselves are fantastic market research.

Here's one observation I think we can all relate to. The questions showed us that marketers want a magic bullet. This is human nature and not surprising, but when the topic is complex, it's not always easy to provide. While they're certainly willing to put in the work on testing and research, and to consider variables such as industry and message, the fact remains we received many questions asking for answers on:
—The best time to send emails
—The most successful subject line
—The best word count for a promotional email
—A definitive answer on whether text or HTML is best

One attendee summed up the panelists' responses with humor: "Great stuff. Very knowledgeable panel. Bottom line: It depends. Ha ha."

During the webinar we promised attendees we'd answer some of the questions we didn't get to address during the live event. We'll use this blog and Bulldog's sales and marketing blog, as well as our Marketing Watchdog Journal newsletter, to communicate when we have some Q&A written up for the audience to explore.

—Amy Bills

We create shopping/advertising websites for media companies. People who register at the sites are invited to receive emails with special offers from the site. We start emailing each list after about 100 members sign up, but prior to hitting that threshold the only other email they would have received from the site is the confirmation email. I have been looking all over for some info on "starting from scratch"—a how-to or best practices for that initial email. Do the Voices of Email have any advice? —L.S.

The Voices of Email had this advice:

Rob Fitzgerald: Start the mental and marketing integration of your brand in that message—have it in the "from" line, the subject line, and in the email itself. Successful email marketing blossoms from consistency of message and consistency of branding. Also, be clear on the "what comes next," what types of email offers will you be sending. Leave no chance for misunderstanding and your registrants will appreciate that. Be sure to present the person with the clear opportunity to opt-out from receiving any future emails from you. Lastly, don't wait too long to send out marketing emails from the time the initial confirmation went out. There should be some immediacy to it or you risk disconnecting your registrant from your initial value-add.

Stephanie Miller: This is a great opportunity to launch an email conversation with prospects in order to engage early and lead them through the sales cycle. In fact, a conversation strategy on email is perfectly aligned with the goals of a newly launched shopping website—build the file over time, build relationships, optimize the early growth and leverage for future market saturation.

Today, you are "holding back" on sending email messages until you reach a critical mass of 100, and thus penalizing folks who join the list early. Rather, you want to celebrate these folks and "wow" them so keep reading and even tell two friends about your newsletter. Instead of thinking about it like a traditional publisher (where everyone gets the same content on the same date), think about it like a short-term email conversation—every subscriber gets the same experience. Email message one comes on day one, regardless if you signed up on June 1st or July 31st.

Offer something of real value for signing up—e.g., a free report or coupon—and use an auto-responder system that allows you to send brief, topical newsletters on a regular basis. If you have already built the website, send that content out in bite-sized, well-constructed tidbits to keep subscribers engaged. This will minimize the work and equalize the experience across all subscribers.

Once you set up this "series" of emails, you can trigger it for all new subscribers, regardless of the day they sign up, or their position in the queue. Using the same series for each subscribers ensure that each has a similar (and optimal) experience.

After you learn from this email conversation, active buyers can be converted to a more traditional promotional email program, where everyone gets the same promotion on the same day. But using a conversation in the beginning ensures that you engage fully with new subscribers, and optimize sales across the board.

Good luck!

Jeanniey Mullen: I would start with a strong subject line that includes the company name and something that indicates these are message they requested. For example: XYZ: Site special offers now available. Or: XYZ is ready to bring you special insights

I would also focus on the copy reminding people that they asked for this info, and VERY clearly giving them an opportunity to opt out of this section only.

Hope that helps!

Chip House: We've found that the Welcome email may in fact have the most impact of any email you ever send your subscribers. Opens, clicks etc. all tend to be the highest for an initial email, then can drop off from there if you don't continue to engage your audience or follow-up on the promised content, education or offers promised when they opted in. My advice is to first put substantial effort into optimizing that email. Sure it is transactional in nature, but make sure you do things like:

- Reiterate what they can expect from you in terms of content and frequency.
- Ask them again to add your "from" address to their address books to "ensure good deliverability and rendering."
- Don't forget to make it compelling. Using HTML is best. And don't be afraid to use the CAN-SPAM legitimized commercial content below the transactional introduction.

Getting off on the right foot will pave the way for your first set of campaigns. If you are speaking to their needs, no need to wait for a critical mass.

Chad White: Welcome emails are absolutely critical. Ideally, they not only quickly reassure subscribers that they are subscribed, but they also set the tone for the relationship and reinforce expectations that were (hopefully) established during the subscription process. Unfortunately, only about two-thirds of the retailers I track via RetailEmail.Blogspot use welcome emails, and then only a fraction use them well, missing the opportunity to promote their content, plug their services and tout unique and popular products. At the Email Insider Summit in May, Niti Chhabra, an email marketing consultant to BabyCenter, said: "Give them a reason to save the welcome email." If you don't feel like you're doing that, then you should sit down and makes some changes.

Almost as important as that welcome email are the few that follow it. With each email they're going to be asking themselves, "Was subscribing a mistake?" In some cases, you can increase your chances of keeping that new subscriber if you use an onboarding campaign, where you extend the introduction process. I just wrote a reportlet on onboarding emails that may help you, and in a few weeks I'll be releasing the sequel to last year's Retail Welcome Email Benchmark Study.

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

The Direct Marketing Association's Email Experience Council recently signed up for the email newsletters of 118 of the top online retailers tracked via RetailEmail.Blogspot. What we found was that there's a clear trend toward subscription processes that are quick and easy, and increasingly transparent.

"The old adage 'you only get one chance to make a good first impression' transcends to an email marketer's efforts in creating a good opt-in experience," says Elie Ashery, president and CEO of email marketing software and services company Gold Lasso, the sponsor of the study. "The opt-in process sets the tone of how a future email relationship between a company and customer will unfold."

Along with this shift toward greater ease of subscribing, the confirmation page is rising in importance. Rather than making customers complete long subscription forms, many retailers are now allowing people to subscribe with just an email address and then allowing them to express delivery and content preferences on the subscription confirmation page.

Also, addressing privacy concerns is a best practice that's seeing adoption approach the 50% mark, and providing a sample newsletters is a clear emerging best practice that should help reduce opt-outs, with nearly 12% or major online retailers doing that.

Ashery adds, "Lasting impressions taken from the opt-in process can be directly linked to the ease of subscribing, relevant subscription choices available, the speed that a confirmed opt-in email is delivered, and most importantly, information on what the subscriber should expect from their email relationship such as content, frequency and format."

On the content front, 28% of retailers offer more than one content selection, with it ranging from two all the way up to the 50 content options offered by Amazon.com. Nearly 6% of retailers offer a local store update.

When it comes to transparency on frequency, however, retailers do a poor job. Not even 7% of retailers give subscribers any kind of idea how many emails to expect. And only one retailer, Coldwater Creek, allows subscribers to opt to receive a monthly only email.

Format-wise, nearly 12% of retailers offer plain-text versions of their newsletters during the sign-up process. Because of the superior responses from HTML emails, retailers may be hesitant to give subscribers this option.

Here are some other findings from the study:

• Only 3% of major online retailers use a double opt-in subscription process.

• Only 92% of retailers have an email sign-up form or link on their homepage.

• More than 43% of retailers allow customers to sign up for email with one click from their homepage.

• The subscriber's name (31%) and zip code (18%) were the two most often required pieces of information.

Get the Full Report
The full 37-page study presents a range of best practices and emerging best practices for your consideration, as well as a formerly popular practice that appears to be falling out of favor. It also includes numerous examples of creatives to help illustrate each point.

Visit the Whitepaper Room to download the full report, which is free for EEC platinum members, available at a discount to EEC gold and silver members, and available for $179 for non-members. Not a member? Learn more about becoming a member of the Email Experience Council.

—Chad White