Industry Updates, Laws and Regulations

CRTC releases full decision on CompuFinder CASL appeal

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Yesterday, the Canadian Radio-television and Telecommunications Commission (CRTC) published their official decision on CompuFinder’s appeal of CASL penalties levied against them. You may recall CompuFinder was subject to the first CASL enforcement action in March 2015 and hit with a hefty $1.1 million fine for their violations. In the appeal, CompuFinder argued that the emails in question were not in violation of CASL in addition to challenging the constitutionality of the law.

In the original notice of violation, the CRTC presented CompuFinder with 3 specific email campaigns that were deemed to be sent without the recipients’ consent, and in at least one instance the message did not contain a working unsubscribe link. CompuFinder argued unsuccessfully that because someone at the receiving domain had purchased a training or resource from them in the past, they had established a business relationship with any recipient at the same organizational domain. Not surprisingly, the CRTC shot down this argument, lending credibility to the assertion that consent follows the individual and not the organization. However, while CompuFinder’s violations were deemed valid, the penalties for those violations was lowered from $1.1 million to $200,000.

In a separate document, the CRTC also rebutted CompuFinder’s constitutionality challenges, finding the Commission does hold jurisdiction to enforce these regulations and that the regulations themselves were within the authority of the Canadian Parliament to enact.

Like CompuFinder, many senders are hanging a lot of their CASL compliance efforts (or lack thereof) on the “existing relationship” clause of the law. As evidenced in this case, there is a very high standard of proof for that relationship and the scope is narrow. CompuFinder produced many invoices for purchases and historical records of their email campaigns to these recipients, but they weren’t able to provide what CASL requires – proof of consent. And while the fine was ultimately lowered, this decision should provide you with at least 200,000 reasons to make sure your consent and documentation are in order.

– BG

Industry Updates

Roadrunner FBLs shut down

320px-1968_road_runner_emblem_vaThanks to Laura at Word to the Wise for the official heads up that the Roadrunner (Time Warner Cable) FBL has been turned off as of today, meaning no more spam complaint data will be sent from Roadrunner’s servers to mail senders.

Personally, I would consider this a good opportunity to check your list for rr.com addresses to gauge potential impact, as well as making sure your unsubscribe link is prominent and functioning properly. Since Roadrunner users who lodge spam complaints will now remain on your list, you want to be sure you make it as easy as possible for them to unsubscribe and avoid that Spam button.

It’s not uncommon to still have a number of Roadrunner addresses throughout your list, particularly if you’ve been collecting email addresses for a few years. If so, it could also be a good indicator that it’s time to run some engagement metrics or a campaign to encourage recipients to update their information.

– BG

Industry Updates

Google Postmaster Tools Reputation data issues (UPDATE: Appears Resolved)

IP_Reputation_-_Postmaster_ToolsUPDATE: As of this morning (9/12) IP reputation data appears to be displaying correctly and domain reputation data is being provided.

If you’ve checked Google Postmaster Tools lately, don’t freak out just yet about your IP reputation. As first reported by Word to the Wise,  the IP reputation metrics appear to be broken at the moment, displaying a “Bad” reputation for all IP addresses since 9/9. I’ve seen this in my own Postmaster Tools account, along with a lack of data for domain reputation since 9/8. Authentication and Encryption metrics appear to be working correctly for me, but I can’t say for sure whether the Spam Rate, Feedback Loop, or Delivery Errors charts are correct – they all show zero since 9/8, but that’s not uncommon in my experience.

Like Laura, I’ve not seen any delivery problems associated with the change in metrics, with bounce and open rates at Gmail pretty consistent based on a few spot checks.

As of yet there doesn’t appear to be an official confirmation from Gmail, but clearly something is hosed with their data. Is it possible this is tied to the Postmaster Tools updates that were promised a few months back? I’d say it’s unlikely…but a guy can hope, right?

– BG

Best Practices, Industry Updates

Microsoft rejecting your mail? You may be suspected of email harvesting

www.volganet.ru [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL 1.3 (www.gnu.org/licenses/fdl-1.3.html)], via Wikimedia Commons
via Wikimedia Commons
If you’ve been noticing your mail is rejected by Microsoft lately, it’s a good idea to take a look at the Smart Network Data Solutions (SNDS) dashboard. If you’re not aware, SNDS is Microsoft’s tool to show senders how their mail performs to recipients at MS domains. You can sign up for free (assuming you own your IP addresses); if you use an ESP, they’ll have SNDS set up for your sending IP and generally monitor it regularly.

If you do have SNDS access, you can check the IP Status heading to see any blocks that are currently in place for the IPs you own. Over the past few weeks I’ve been seeing a lot of IP addresses listed there due to “E-mail address harvesting.” After working with the Postmaster team, it seems the issue occurs when too many RCPT commands are sent without valid recipients. In other words, the sending server attempted to validate the existence of a lot more email addresses than they actually sent mail to. These blocks are most commonly associated with dictionary attacks, or sending to many usernames at the same domain (aaa@domain.com, aab@domain.com, aac@domain.com) with the purpose of finding good addresses. This tactic is often used by spammers who are – you guessed it – harvesting email addresses for their mailing list.

However, the instances I’ve seen have all been legitimate senders, sending mail to people who have signed up to receive it. In one case, a human error led to sending mail to a list of unsubscribed addresses, but the rest appear to simply be senders whose list hygiene needs improvement. In addition to dictionary attacks, these blocks seem to be triggered by high rates of invalid recipients. These recipients are counted in the number of RCPT commands but not in the total delivered. In one case, the difference between the two was only around 10% – certainly not ideal, but also not indicative of a spammer harvesting addresses.

When working with the Postmaster team, they’ve been very helpful in getting the blocks resolved once we explain the circumstances around the sends and how we’ve taken steps to prevent a recurrence, but these blocks have stopped all mail to Outlook.com users for days in some cases before they are removed. For a sender, this could mean a substantial loss of revenue while the block is in place…so what can you do?

Now more than ever, list hygiene is paramount. Be sure you aren’t sending to old or stale contact lists and target recipients with recent open or purchase activity. Keeping your bounce rates as low as possible will minimize the chances you run into one of these MS blocks.

Been flagged as a harvester yourself? Just having trouble getting delivered to Outlook? Let me know in the comments or via email!

– BG

Industry Updates

US, Global inbox delivery rates increase slightly

2017-Deliverability-Benchmark_pdf2This time of year is a little like email Christmas, between the recent State of Email Deliverability from Litmus and now the Return Path 2017 Deliverability Benchmark Report landing on our proverbial doorstep. Last week Laura at Word to the Wise provided some great insight from the Litmus report, pointing to just how important list acquisition really is. I’d recommend checking it out in addition to downloading the report.

This week’s Return Path report also provides some interesting data as usual, but few surprises. Of note, the global inbox delivery rate rose 1% to an average of 80% for the year ending June 2017. This stat has remained fairly consistent since Return Path started generating this report a few years back, with fluctuations being fairly minor. What is a bit surprising is that with all the changes in the industry around user engagement and email filtering, this number remains so constant. However, while email marketing as a whole has seen inbox delivery rates hover around 80% the past few years, individual countries, industries, and specific senders typically see much wider swings depending on a number of factors.

In the US we still manage to lag behind the global average, managing a 77% inbox delivery rate. On the positive side, this is an increase of 4% over last year’s numbers but still comes in at the bottom of the list of countries referenced in the report (Canada and Australia tied for best with 90% inbox delivery). It’s also down 10 points from the high of 87% back in 2014. It also continues to be concerning that in the US, 16% of the mail that failed to reach the inbox was categorized as “Missing,” indicating it wasn’t delivered to either the inbox or the spam folder. Typically this means the message was rejected at the server gateway and bounced back to the sender.

If you’re in the Automotive, Insurance, or Technology industry, take heart! These three industries, typically among the worst in inbox delivery, all saw double-digit increases over the past year, with Insurance jumping 13 points to 89%. The question here: did the insurance industry really clean up its act, or did the current state of affairs prompt more people to start assessing their risk?

2017-Deliverability-Benchmark_pdf

As a reminder, all of this data came from Return Path clients – over 2 billion messages sent during the past year. These are marketers who are paying for RP services to help optimize delivery, so the data obviously excludes off-the-grid spammers and botnet operators. This means that for well-known brands and organizations, typically running opt-in campaigns, 1 out of every 5 emails still doesn’t reach the inbox. Could you use 20% more revenue, donations, or members? If you haven’t already, it’s time to start paying attention to deliverability.

– BG

Industry Updates

Is Canada’s eleventh-hour CASL PRA halt good for senders?

canada-2026425_640You’ve probably already heard the news.Maybe it was in your Twitter feed, or on LinkedIn, or even gossip around the water cooler this morning: CASL’s Private Right of Action is (temporarily) dead.

The announcement triggered a collective sigh of relief from marketers in North America and beyond, even eliciting a happy dance or two.

But what does this announcement actually mean? Matt Vernhout of EmailKarma details the next steps, which include a parliamentary review of the CASL provisions and a pronouncement of the new effective date.

It’s possible the legislation could remain unchanged and simply take effect at a later date, but that seems unlikely given the concerns raised by the industry in response to the pending provisions. Per Return Path, some of the key concerns included:

  1. potentially bankrupting small and medium-sized businesses (due to the legal costs of defending a class action)
  2. inordinate court time and court resources being devoted to frivolous claims
  3. litigation counsel receiving a disproportionate share of damage awards (or settlements), and
  4. negative impact to consumers where businesses (both foreign and domestic) avoid electronic communication, delay the introduction of software technologies, and pass along the cost of PRAsettlements or rulings in the pricing of consumer goods

For the past 3 years, we’ve been hearing opponents of CASL voice many of these concerns, and it appears their cries have finally made it to the ears of the Canadian government. Unfortunately it’s still too early to tell if this is a full-on reprieve or merely a temporary stay of execution.

With the deadline looming so closely, it’s likely most senders have already double- or triple-checked their compliance processes. If you fall into that camp, stay the course. Even without the PRA, the CRTC can and has levied hefty fines against CASL violators, so making sure your processes are airtight can only help minimize your risk.

Based on my interactions with senders, there are many who haven’t completed their compliance efforts. If you’re one of those who was still scrambling to beat the deadline, don’t lose that head of steam. The delay of the PRA provides a bit of breathing room, but if you’re not 100% sure you’re compliant the risk of complaints and fines isn’t going away anytime soon.

– BG

 

Industry Updates

Terra Freemail joins Orange, Wannadoo, and Freeserve email in closing up shop

The past month has seen some major happenings in the world of Freemail providers: UK provider EE finalized their closure of Orange email services – which included long-time freemail domains Wanadoo.co.uk and Freeserve.co.uk – and Terra.co.br announced the end of their freemail service. (A full listing of affected domains is at the end of the post.)

Orange had been heralding the May 31 closure date for a few months, recommending their users switch to Gmail, while Terra has given July 1 as the end date for their services. Terra.es had previously announced their email migration to terra.com starting in April of this year.

For senders in the US, these domain closures are likely to have varying impacts. Typically you’re unlikely to have a large number of Orange addresses on file, especially since these addresses are typically older and many users have migrated away from them to more advanced services. Terra addresses tend to be slightly more common in the US, particularly terra.com.mx. If you have these addresses in your database, you probably also know that delivery issues at Terra tend to be difficult to resolve – so maybe there is a bit of a silver lining in the closures yet.

In any case, you should take the opportunity to check your database for addresses at these domains. If you have any of the Orange addresses, suppress them immediately as they are officially shut down. If you have other contact data for those recipients, feel free to use it to get updated information. If you have recipients at the Terra domains, you still have 3 weeks to reach out via email to get updated details. If you haven’t gotten the info by July 1, you’ll need to suppress those recipients as well.

The full list of Orange domains affected:
  • Orange.net
  • Orangehome.co.uk
  • Wanadoo.co.uk
  • Freeserve.co.uk
  • Fsbusiness.co.uk
  • Fslife.co.uk
  • Fsmail.net
  • Fsworld.co.uk
  • Fsnet.co.uk
The Terra domains being shuttered are:
  • terra.com
  • terra.com.ar
  • mi.terra.cl
  • terra.com.co
  • terra.com.mx
  • terra.com.pe
  • terra.com.ve
  • terra.com.ec

As always, please feel free to reach out with any questions or comments, or email me with any more detailed requests.

– BG