Are You Spamming Your Customers?

Marketing Compliance is a critical area that most companies don’t do well. If you haven’t read the summary of the CAN SPAM act, you should. As a consumer, you should know. As an email marketer, you need to know. From the always hilarious FTC Consumer Protection page:

“The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.”

Can I start by pointing out that the government thinks of Marketers and Pornographers in the same category? I love that. Think of the ramifications! These guys should go into comedy. What’s next? Auditors and Strippers grouped together for Wall Street regulations by the SEC?

But seriously… Every time I receive a commercial email, I look for the common traces of a well produced email marketing campaign. Often I find critical elements missing. CAN SPAM points out that all campaigns must 1) Not contain false or misleading header information; 2) Contain an opt-out mechanism that leads to an opt-out request processed within 10 days, and 3) Include a valid postal address. Pretty basic, right? Most don’t. Email addresses are spoofed all the time. Subject lines contain misleading information from real companies. Opt-outs are non-functional or not even included. And there are many companies that fail to include an appropriate footer including a postal address.

In one recent example, I opted out of a campaign at the Corporate Executive Board. They are an established organization and should be very good at Marketing Compliance. I don’t usually include real examples, but you’ll see that the CEB earned this review. I wasn’t interested in purchasing their services, so I sent a note to the sales rep who had been contacting me to let him know that I’d like to opt-out of any future communication. I included the subject line “Unsubscribe,” which will be important later. At that point a series of steps should happen.

1) The rep should flag me in whatever CRM system (Siebel, Salesforce.com, etc.) he uses to track his communication with customers. If he’s doing it manually, he should delete my email address from his Outlook, but I assume the Corporate Executive Board is more sophisticated than that. Maybe not.

2) He should alert the Marketing department that I no longer have interest in receiving their campaigns. This could happen systematically by integrating a Marketing Campaign Management system with the CRM system, or it could be an email to a marketing administrator. The latter is more likely.

3) My email address should be flagged as opted out, and all future marketing campaigns should suppress that email address.

I know that something broke down in that normal process flow. How? I received another email in a campaign during the next month. Now at this point there’s been no violation of CAN SPAM. I didn’t use the systematic opt-out in the email. I worked through a sales rep, so all that has occurred is a poor customer interaction. This time, I clicked on the opt out (to ensure the process would work) and sent a friendly note to the rep letting him know that something broke down. I forwarded my previous confirmed request and included a new subject line - “Unsubscribe - 2nd Request.”

Two months later I received another email. This time I clicked on the opt-out link, and reviewed the company’s privacy policy. They suggested on their own site that any questions should be directed to their Legal Department, and even included an email address for convenience. After seeing that I again forwarded the previous thread, CCed the Legal team, and let them know that I had a background in Marketing Compliance, and that they were not living up to their CAN SPAM responsibilities to opt me out. Subject line - “Unsubscribe - 3rd Request.”

I received an apologetic email from the Sales rep letting me know that they had converted their email marketing system to a new vendor and that they were still working out the kinks. That prompted me to do a little research, and I quickly discovered that they were using Eloqua (look for the default server name of en25 in the email address). Eloqua is a SaaS marketing campaign tool that has received high marks from the community. I know a little about Eloqua, and was elated. The tool is unique by email address, so there is no chance for ambiguity. All they needed to do was flag me using the built in functionality, and no more emails to Mr. Mark Goloboy.

The next month I received another email. At this point I was dissappointed more than mad. I now knew how easy it was for the Corporate Executive Board to get it right. As a marketing compliance expert, I felt that they were letting the whole community down. I sent another email, but this time let them know that they had now twice violated CAN SPAM. I again included the Legal Department and detailed the history including who had sent recent emails. You guessed it. Subject line, “Unsubscribe - 4th Request.”

The next day was the clincher. A new sales rep reached out with an unsolicited email (read: SPAM) to an opted-out prospect who had already put the Corporate Executive Board’s Legal Team on notice and documented process failures. At this point I asked for the email to be forwarded to the CEO, CMO and Head of Sales so they could see the team’s failure to accomplish basic communication tasks. The subject line, “Unsubscribe - 5th Request.”

That was the last I heard from the Corporate Executive Board, but I’ll be sure to update this blog post if they send any more.

Have you had a similar experience? Please comment.