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Facebook wins $3M injunction against spammer

CAN SPAM, Dennis Dayman - September 29, 2013 - Comments Off

For those who doubt, Can-Spam is till alive and kicking. Power Ventures and its CEO were found liable for sending 60,627 spam e-mail messages to Facebook members. Nearly five years after the fact, Facebook has been awarded $3 million in damages in its case against social-network spammer Power Ventures and its CEO, Steve Vachani. The order [...]

Google’s Flagrant Violation of the CAN SPAM Act

Ask the Experts, CAN SPAM, Compliance, Legal/Regulatory, Permission, Unsubscribe - August 6, 2013 - 8 Comments

By Jordan Cohen and John Caldwell We’re going to go ahead and say it: Google’s “new ad units” that look and act a lot like email marketing messages represent a flagrant violation of the CAN SPAM Act and also a potential Section 5 deceptive practices violation. Google insinuates that only legitimate promotional emails will be [...]

Can-Spam Violations DO Include Hiding Your Domain and Unsubscribe Information

CAN SPAM, Dennis Dayman, Legal/Regulatory - June 11, 2013 - 1 Comment

Need to thank Al Iverson of Exact Target (now Salesforce | Exact Target) and John Levine of CAUCE for this information and view points that I agree with. Overall, any sender of email who is trying to hide themselves or reduce the ability in how they allow you to control information about yourselves are in violation [...]

Let’s Play “Is This A Commercial Message Or Not”

Let’s Play “Is This A Commercial Message Or Not”

Best Practices/Standards, CAN SPAM, Compliance, Dennis Dayman, Legal/Regulatory, Permission, Unsubscribe - January 10, 2013 - Comments Off

From time to time we receive emails from some “Sales Representative” (it’s their title) who sends us a “personal” reach out email trying to reserve a time to chat about their offering. When you look at the message you know you don’t know this person or brand, never had a past conversation with them, nor [...]

How Many Clicks to Get to the Center of An Unsubscribe?

How Many Clicks to Get to the Center of An Unsubscribe?

Best Practices/Standards, CAN SPAM, Dennis Dayman, Legal/Regulatory - August 15, 2012 - Comments Off

Repost from my ClickZ column —– Mr. Owl: A one, a two-hoo…a three…(crunch sound effect). Three! Narrator: How many licks does it take to get to the Tootsie Roll center of a Tootsie Pop? Yeah, I know…again cheesy, but come on. Who doesn’t like a Tootsie Pop? Remember how we always watched that commercial and then wondered [...]

Company Messages Being Flagged as Spam? How do you Solve the Problem?

CAN SPAM - April 3, 2012 - Comments Off

As an avid Gmail user, I know that many of my messages flagged as spam quite often. What is particularly unsettling about this is the fact that when I go through and look through all of the messages, only about half of them are actual spam. I do not check the spam folder as consistently [...]

How NOT to react to spam complaints

Best Practices, CAN SPAM, Compliance, Legal/Regulatory - January 9, 2012 - Comments Off

1/10/2012 UPDATE: His Twitter account doesn’t exist anymore. *hrm* I thought the readership would like to see this one. I think it goes without saying that many of you here know it is NOT best to taunt or make fun of a user when they ask to be unsubscribed or complain to you about a [...]

Tips and Tricks: Leveraging Transactional Emails for Marketing Success

Best Practices/Standards, CAN SPAM - October 27, 2011 - Comments Off

Traditionally, when we hear the phrase “marketing email”, we have visions of colorful HTML newsletters, complete with entertaining images, witty headlines and eye-grabbing call-to-action buttons. We imagine these emails being sent out to a list of users, customers, fans and subscribers. Perhaps the message is delivered in different variations  – a subject line change here [...]

Emailers Beware: Vigilantes Are On the Prowl!

CAN SPAM, Compliance, Current Affairs - May 31, 2011 - Comments Off

Guest Post–  by Rachel Corcoran The new year started with a roar for Internet vigilantes when the California Court of Appeal for the Second Appellate District issued its ruling in Hypertouch, Inc. v. ValueClick, Inc., et al. (B218603, Cal. Ct. App., January 18, 2011). In a stunning decision, the Court of Appeal overturned a lower [...]

Embracing The Unsubscribe Link Location

CAN SPAM, Compliance, Unsubscribe - May 16, 2011 - 5 Comments

One of the greatest fears for organizations that have a substantial email program is that of list attrition and stagnated growth in the subscriber base.  List attrition happens when subscribers issue a spam complaint, bounces or “naturally” unsubscribes.  A “natural” unsubscribe occurs when the subscriber takes the time to find the link, clicks on it [...]

Do You Know Your Customer’s Definition of Spam?

CAN SPAM, Compliance - May 5, 2011 - 2 Comments

What is spam really? We think we have legal definitions that should suffice, but in many ways, spam is in the eyes of the beholder. To put a twist on a well-known proverb, “One man’s spam is another man’s treasure.” If spammers weren’t making money, they wouldn’t spam. Someone somewhere is handing over a credit [...]

Facebook Messages: Implications on Deliverability?

Facebook Messages: Implications on Deliverability?

CAN SPAM - April 7, 2011 - Comments Off

Chances are you now have some “@facebook” email addresses on your email list. Have you looked yet? They’re there for sure, but in lower volume than you might think. Our analysis shows they represent just a tiny percentage of a typical B2C list, which is good since as an email application Facebook messages has a [...]