Was My Email Newsletter Too Spammy?
Posted on | December 16, 2009 | 7 Comments
As fans of this blog will note, I sent out an email newsletter a few days back. This newsletter went out to approximately 650 recipients. Was it spam?
Possibly. But I don’t think so.
Shortly after my arrival at the Vancouver Blogger Meetup at Ceilis Pub on Tuesday evening, I encountered a perplexed Pete Quily (AKA ADD Coach). I should note for the record that Pete and I have great respect for one another. We share similar interests in current events, politics, business and social media. We’ve known each other for years. I think he’s smart as hell, and he’s earned a very loyal following both in the social media realm and among his very satisfied clientele for his Adult ADD Coach consulting business.
I shall paraphrase Pete’s complaint: “Dude, you spammed me! You of all people — a guy who understands social media and how it’s supposed to be used responsibly — you spammed me. I never asked to receive your email newsletter. I’m a little disappointed.”
I have to say, I felt bad. I tried to rationalize my action. I tried to explain it in a way that might mitigate the damage done. I think it just made me look weak. In the end, all I could do was apologize and promise that it wouldn’t happen again (Pete has been taken off my email newsletter list as of 10 minutes ago– though if he requests it, I’d be honored to add him back in).
That said, am I really guilty as charged? Let’s look at the definition of spam:
Unsolicited e-mail, often of a commercial nature, sent indiscriminately to multiple mailing lists, individuals, or newsgroups; junk e-mail.
Well, no one asked me to send them a WRITEIMAGE newsletter. So, according to this definition, my newsletter was at least somewhat spammy or spam-like.
Still, no one asks me to send 99 per cent of the emails I send. If spam was simply any unsolicited email, I’d be offending people every time I sent out a message asking a friend out for coffee, touched base with a client or put out a holiday greeting. So let’s look at the other conditions.
“Of a commercial nature”?
Yup. I’m thankful that I’ve already received some offers of referrals as a result of my newsletter and at least one response that looks like it may shortly lead to some new business. Heck, that’s a big part of the reason I sent out my newsletter in the first place. I want more clients and I’m not bashful about it. But does this mean I’m treading in dangerous spam-filled waters?
“Sent indiscriminately”. Here’s where I think I may get off on a technicality.
Here’s the thing. I sent my newsletter out to about 550 people. Did I discriminate in regard to who received the message? Absolutely.
My original list of email recipients numbered about 1,200. These included friends, relatives, business colleagues, clients and a fair number of people whose connection to me remains a mystery to this day.
If I had sent out my newsletter to that entire list, there’s no doubt it would have been spam. Even with my “Unsubscribe” instructions at the bottom of the email, I would have been a card-carrying member of the Spammerati.
But I didn’t send it out to the entire list. I decided that there were a few different types of recipients who might really appreciate my newsletter. These were, in no particular order:
* Prospective clients who might read my tips and understand what I could be doing for them.
* Current clients who might read my copywriting tips to get a better understanding of what I do for them.
* Business colleagues and others who want to learn how to improve their writing skills, web content and business collateral. If they eventually decide they don’t want to do this themselves and want to out-task, I’m around. If not, at least I’ll get some karmic value from giving back to the world in my own way.
* Colleagues, friends and family members who might want to see what I was up to professionally and might actually have a referral or two for me. Even here in Canada, human beings have tribal and nepotistic leanings. Like most people in business, I hoped to take full advantage of that.
Keeping in mind my target audience, I decided to eliminate the following groups from my email contact list:
* People who I don’t actually know. It’s amazing how many people in your email contacts list will match this description after building it up for over 10 years. Shamefully, this includes some people who are connected to me on my various social networking platforms (although I suspect virtually anyone with a Twitter account with over 150 followers will be able to relate).
* People who don’t like me or think I’m an idiot. Incredible though it may seem, there are such people out there. Not a huge number, mind you; but enough that I don’t need to be giving them a reason to prank-call me or break my legs.
* Colleagues, friends or family members who don’t give a rat’s ass what’s going on with me professionally. Hey, fair enough. I can relate. I don’t need to know how my second cousin Anton’s real estate career in Arizona is going, either.
* Anyone connected with Satan, Hitler or that freckle-faced kid who used to beat me up at recess.
I spent several hours going down my email list address by address to cull out the emails I didn’t want and I was left with about 550 people. That was still a fairly large list, but I thought I’d done a pretty admirable job of cutting out those who probably wouldn’t want to read anything I was sending out.
Despite my best efforts, within several minutes of sending out my newsletter, I had my first “Unsubscribe” request. It’s been a few days and to date, I’ve got exactly nine of them (including Pete’s, though he didn’t send me his request by email).
Out of 550 people, I’d say that’s not bad. The vast majority of my list either liked what they read or at least didn’t hate it enough to request to stop receiving my stuff.
And according to my website traffic, several hundred recipients were interested enough to click on the links I provided in the email. Quite a few of those clicked on my services pages, my case studies and other parts of my website. And as I mentioned before, I’ve gotten several real business opportunities out of it. So, it seems as though the newsletter worked largely as intended.
I think I was quite discriminating about who received my email newsletter. I don’t think I spammed anyone, at least not according to a fairly strict definition of spam.
I certainly was proven incorrect in my belief about who wanted to read my newsletter by the nine recipients who chose to “Unsubscribe”. And I’m upset that my good friend Pete is a bit annoyed at me right now (even though I’m sure that he’ll forgive me for my transgression). I hope that he accepts my apology and understands my intentions were honorable.
But again, these mistakes were not intentional. Assuming I don’t get a whole whack of “Unsubscribe” requests over the next few days, I think I can say my email list was as accurate as I could make it. I’m not a spammer.
What do you think? Did I do the right thing? Am I innocent as a result of a technicality? Or am I going to that plane of Hell reserved for email spammers and people who like to fart in crowded elevators? Leave a comment and let me know.
“I’d like the eggs, bacon, spam and sausage without the spam!”
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Tags: email marketing > email newsletter > newsletter copywriting vancouver > writing business newsletters
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7 Responses to “Was My Email Newsletter Too Spammy?”
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December 22nd, 2009 @ 1:09 am
Hi Jonathon,
well you at least eventually had the decency to apologize, that’s good:)
Thanks for the link, I think you’re smart too that’s why I was so surprised when you spammed me. 2nd month in business mutual fund salesman doing it, I can understand, but you’ve been around the block.
I enjoyed the Monty Python video clip.
But, it’s the bulk and the unsolicited that determines spam vs a regular email message.
This is important to know for not only your knowledge but your blog readers knowledge as well. If you or they sign up for a commercial email service and they get complaints that you’re spamming they may delete your/their account, let alone violating the US S.877 (CAN-SPAM 2004) act if you’re spamming US customers.
By spamming those in your address book and putting the onus on them to unsubscribe you’re needlessly irritating some of them.
What would be less spammy and more sociable would to do something like send an email saying something like this
“Hi Pete,
I have a new ezine I’ve started if you’re interested in checking it out, please have a look at http://www.mynewezine.com you can sign up there if you’re interested and unsubscribe at anytime if you’d like.
Jonathan”
Instead of using your free dictionary definition of spam, lets see what one of the largest email services out there, Aweber calls spam
http://www.aweber.com/antispam.htm
“Email senders (like AWeber) tend to use the textbook definition: Unsolicited Bulk Email (UBE). You can read more about this definition at Spamhaus.”
The Definition of Spam
http://www.spamhaus.org/definition.html
“The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).
Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content.
A message is Spam only if it is both Unsolicited and Bulk.
-
Unsolicited Email is normal email
(examples: first contact enquiries, job enquiries, sales enquiries)
-
Bulk Email is normal email
(examples: subscriber newsletters, customer communications, discussion lists)
Technical Definition of Spam
An electronic message is “spam” IF:
(1)
the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients;
AND
(2)
the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.
Spam is an issue about consent, not content. Whether the UBE message is an advert, a scam, porn, a begging letter or an offer of a free lunch, the content is irrelevant – if the message was sent unsolicited and in bulk then the message is spam.
Spam is not a sub-set of UBE, it is not “UBE that is also a scam or that doesn’t contain an unsubscribe link”, all email sent unsolicited and in bulk is Spam.
This distinction is important because legislators spend inordinate amounts of time attempting to regulate the content of spam messages, and in doing so come up against free speech issues, without realizing that the spam issue is solely about the delivery method.
Important facts relating to this definition:
(1) The sending of Unsolicited Bulk Email (“UBE”) is banned by all Internet service providers worldwide.
(2) Spamhaus’ anti-spam blocklist, the SBL, used by more than 900 Million Internet users, is based on the internationally-accepted definition of Spam as “Unsolicited Bulk Email”. Therefore anyone sending UBE on the Internet, regardless of whether the content is commercial or not, illegal or not, needs to be fully aware that (A) they will lose their Internet access if they send UBE and (B) they will be placed on the Spamhaus Block List (SBL) if they send UBE.
Various jurisdictions have implemented legislation to control what they call “spam”. One particular example is US S.877 (CAN-SPAM 2004). Each law addresses “spam” in different ways, and as a consequence, often has different definitions of what they cover, whether they call it “spam” or not. Spamhaus uses the industry standard “unsolicited bulk email” definition which underlines “it’s not about content, it’s about consent”. As such, arguments as to whether UBE messages are covered under CAN-SPAM or are compliant with CAN-SPAM, are entirely irrelevant.
It’s the bulk and the unsolicited. that determines spam vs a regular email message.”
Going back to aweber what might they (and other email providers or ISP’s) do if you’re spamming?
What Happens If I Spam, Or Try To Spam?
http://www.aweber.com/antispam.htm
If we find that you are spamming, or trying to spam, with your AWeber account:
Things that will definitely happen:
1. We will immediately terminate your account.
2. We will refuse to refund your account.
Things that might happen:
1. We might charge you money if your spamming causes any interruptions in our ability to service other customers.
2. We might pursue legal action against you. (Spamming violates our service agreement.)”
December 22nd, 2009 @ 1:14 am
Oh one last point, when i went to view your email in the long header view (vs regular one) this is the last line
X-Nonspam: Statistical 64%
phoning up my hosting site godaddy they confirmed that this meant that there antispam software (they apparently use 3 in combination) determined that your email was 64% likely to be spam.
I can send you the screenshot if you want.
December 22nd, 2009 @ 9:56 am
Hey Pete,
No screenshot is necessary. But I’m confused.
Why exactly are you discounting the dictionary definition — which wasn’t cherry-picked, since you can go ahead and find similar definitions in other online dictionaries, or print ones for that matter.
Also, if the message was spam, why did only about one per cent of recipients (who I had chosen based on their actual relationship to me as well as their likely interest in my information, which is a standard for any legitimate email) ask to be removed using my Unsubscribe instructions which were pretty standard? Seems inconsistent. Shouldn’t the quantifiable actual reaction by human beings be considered a legitimate test of whether something is or isn’t an issue?
And why are we using GoDaddy’s proprietary algorithm as the definitive definition of spam? GoDaddy’s had it’s own problems with poor filtering technology:
GoDaddy’s Spam Filter is Broken
http://michael.orlitzky.com/articles/godaddys_spam_filter_is_broken.php
GoDaddy SPAM Police Are Big Pain In Butt
http://www.trstechnology.com/blog/index.php/godaddy-spam-police-are-big-pain-in-butt/
GoDaddy Email Fun
http://provisionit.blogspot.com/2009/06/godaddy-email-fun.html
I would reiterate that often, the technology simply gets it wrong. Your comments here, for instance, both ended up in my comments spam folder. For that matter, so did your previous comments on my other Wordpress blog. But I obviously don’t consider either of your comments spam, even if a particular algorithm considered them to be so. Clear?
December 22nd, 2009 @ 3:11 pm
whether godaddy’s algo is accurate or not is a minor point at best.
You totally avoided the major point. The aweber + spamhouse spam as bulk unsolicited mail which is totally different than emailing one person one email. please address the main point.
December 22nd, 2009 @ 3:39 pm
I sympathize with you having made the same mistake once. Spam is perceived as bulk mail. I think if you had sent an email asking people if they wanted the newsletter it still would’ve been received by a few in your hand crafted list as spam, but probably would have made it past most of them. That said, you do what you haave to do for your business. Did your business grow because of what you did? Sure. Did it get you mostly positive attention. Yes. There will always be people who don’t like something that you do to promote yourself. Heck I even got criticized when I sent out a hand addressed snail mail letter to a group I was part of. But, you know what, my kids have food on the table and a roof over their heads because I put it out there every day. Do I sometimes get a bit spammy? I try not to. Will I ever please all of the people? Never. And that’s why I am successful as a small business owner in the worst economy since the Great Depression!
December 22nd, 2009 @ 4:12 pm
Thanks for your input, Pete and Peggy. Good points all around.
Now, Pete. As for GoDaddy, it may have been a minor point. Fine. But I felt I’d already dealt with your main point in my post when I wrote:
—-
“Sent indiscriminately”. Here’s where I think I may get off on a technicality.
Here’s the thing. I sent my newsletter out to about 550 people. Did I discriminate in regard to who received the message? Absolutely.
My original list of email recipients numbered about 1,200. These included friends, relatives, business colleagues, clients and a fair number of people whose connection to me remains a mystery to this day.
—-
I understand that you disagree with me including this as a mitigating factor which would get me off the hook. That’s fine. You’re entitled.
That said, if you’re going to strictly use the Aweber definition, then even your suggested best practice would also be considered spam:
You wrote:
—-
What would be less spammy and more sociable would to do something like send an email saying something like this
“Hi Pete,
I have a new ezine I’ve started if you’re interested in checking it out, please have a look at http://www.mynewezine.com you can sign up there if you’re interested and unsubscribe at anytime if you’d like.
Jonathan”
—-
Nope. Doesn’t work. According to your reading of Aweber’s rules, you’re saying that ALL unsolicited bulk email messages are spam. Then even this invitation would ALSO be spam. Indeed, anytime I send out a Cc message that my recipient didn’t specifically ask for in advance could be considered spam.
That’s insane.
And I’m pretty sure that’s NOT the kind of “spam” Aweber intended to target.
Getting back to the main point of the post, I sent out information to people I thought would want to use it — not strangers, not random email recipients, not even some of my closest friends and colleagues. I sent it to people I thought would actually want it. In nine out of 550 cases, I turned out to be wrong, and have since deleted those addresses from the list — including yourself.
Was this spam, on the same level understood by average people, where millions of messages went out to random recipients advertising the benefits of penile enhancements? Nope.
It could be seen as spam if one uses a definition that includes all emails using the Cc or Bcc function. But I don’t think that’s a practical definition and certainly one that is NOT enforceable.
I get the feeling you think there’s only one right answer, here — and that I’m somehow dodging your point. It’s not true. I never intended to spam anyone, but if I’ve offended you, then as I said before, I’m very sorry for that.
December 22nd, 2009 @ 4:19 pm
By the way, I don’t know my readers have been getting these as well, but I’ve already received five holiday-themed newsletters from people I met at the Meetup of Meetups and other recent networking events.
I never asked to be sent this stuff. But I recognize that when I give out my business card or contact info, there’s an implicit understanding that I’m going to get sent newsletters and other collateral unless I specifically say “don’t send me stuff” — and it works in both diections. That may not be proper according to some sources, but it seems to be the way business is run in the real world.
It’s nice, actually. I’m enjoying the newsletters people are sending me, and in the two cases where I didn’t see an immediate need, I just set up an email filter so I won’t see these newsletters until I get around to it, or just decide to delete them.
Happy holidays, y’all.