Uncle Sam Should Damn Spam

US anti-spam law hampers marketers, says email marketing expert Chad White.

The feds agree, and are moving to reform CAN-SPAM.

The problem with the law?

It's lax.

That laxity makes "deliverability overly difficult for legitimate senders," White says, because email providers have to police inboxes.

"If a brand only clears the low bar set by CAN-SPAM, they are pretty much guaranteed to be blacklisted and blocked by inbox providers," White says.

"While on the surface, lax regulations look like an advantage to American brands, it’s really setting them up for failure."

White urges these seven reforms:

• Tighten the deadline for honoring opt-out requests. Marketers, by law, can now stall for 10. But customers want them to honor opt-outs immediately.
  
  
• Dictate how unsubscribe works. Customers struggle with marketers' inconsistent practices; as a result, one in two resorts to clicking the “Report Spam” button.
  
  
• Loosen the definition of "transactional" emails. Marketers should be allowed to send post-purchase emails (such as receipts, thank-you notes, and renewal notices) without be being flagged as spammers.
  
  
• Require CAPTCHA on signup forms. "Unprotected open email signup forms allow spammers, hackers, and other bad actors to use bots to weaponize email," White says. Only 3% of marketers use CAPTCHA on their forms today.
  
  
• Mandate authentication and encryption. Email personalization makes customers vulnerable to phishing. CAN-SPAM could protect them by mandating that senders authenticate and encrypt emails.
  
  
• Require permission. That requirement would harmonize CAN-SPAM with other countries' tougher laws, and keep US marketers out of hot water. Permission is defined as "an expressed or implied consent or existing business relationship."
  
  
• Stipulate that inactivity equals opting out. " CAN-SPAM should recognize that permission expires," White says. "CAN-SPAM should require senders to stop emailing subscribers when they haven’t opened or clicked an email in the past two years."

Hustle

In a recent op-ed in The New York Times, Disrupted author Dan Lyons slammed Silicon Valley's work ethic.

Under the rubric "hustle," Lyons says, the Valley worships workaholism.

"You hear it everywhere," he writes. "You can buy hustle-themed T-shirts and coffee mugs, with slogans like 'Dream, hustle, profit, repeat' and 'Outgrind, outhustle, outwork everyone.' You can go to an eight-week 'start-up hustle' boot camp. You can also attend Hustle Con, a one-day conference where successful 'hustlers' share their secrets."

Angel and hero Gary Vee (Vaynerchuk) tells hustlers to work 18-hour days, seven days a week, according to Lyons. So do employers like Uber and Lyft. They've fetishized hustle, and made hardship a mandate.

While too busy to read books, Valley dwellers would do well, in my opinion, to read the last pages of Steve Jobs, the entrepreneur's authorized biography. They recount Jobs' deathbed interview.

Jobs tells his biographer he permitted the posthumous book not for the public's sake, but as a memento for his children. "I wanted my kids to know me," he said. "I wasn't always there for them, and I wanted them to know why, and to understand what I did."

Asked whether he cared much for children he never knew, the multi-billionaire said they were "10,000 times better than anything I've ever done."

The More You Lie, the Less We Buy

After 10 years as a user of Kaspersky anti-virus software, I'm switching brands, due to the treatment I received by an offshore sales rep.

My credit card was stolen a few months ago, so to allow my subscription to auto-renew, I contacted Kaspersky (which doesn't permit users to change the credit card numbers it keeps on file).

The rep who finally took my call refused to stop reading from a script of "security" questions that were blatantly meant to upsell me. 

Each time I asked her what her questions had to do with security, she insisted they were for my own good.

None of them were.

After 10 minutes of this, I told her I'd switch to the leading competitor, unless she helped me update my credit card info.

She wasted another 15 minutes of my time bumbling around with this process, to no avail.

I politely thanked her for the help and hung up. Now I'm moving on to the competitor.

Walk a mile in your customers' shoes, CEOs. Try a quarter-mile, if you have no time for customers.

The more you lie, the less we buy.

Picky

"It turns out that copy really matters," a CEO recently confessed on LinkedIn.

Until he was forced by circumstance to roll up his sleeves and execute, Adam Schoenfeld had been only strategy-minded.

"I didn't get it before," Schoenfeld says. "Now I've come to believe that the best marketing teams nail the details. They get the big picture for sure. But their magic is in the details!"

Duh.

Why don't more executives realize execution matters? Particularly in copywriting.

The late, great marketer Herschell Gordon Lewis said, "The picking of nits is what copywriting that sells is all about."

Lewis was right, of course: nit-picking's the activity distinguishing copy that sells from copy that fails.

To wit, the following example.

The copywriter here indeed fails—big time. Perhaps he's too self-absorbed to "walk in prospects' shoes" (in this case, members of the military). Or maybe he's green. Or maybe he's just lazy, content to copy and paste from an internal brief. In any event, he isn't picky.

Association Members are entitled to specially negotiated Group Discounts not available to the general public. We continue to leverage the vast purchasing power of hundreds of thousands of Association Members to negotiate exclusive Group Discounts. You’ll save big on select Apple and Dell computers, hotel stays, car rentals, active-lifestyle apparel, outdoor products, and more. Association Members also save with FREE access to “concierge-style” travel services.

What's wrong with this copy?

Association Members are entitled...

"Entitled" is a politically-loaded word, particularly among right-leaning folks. (How many members of the military do you know who lean left?)

Members receive would remove the connotation.

...to specially negotiated Group Discounts...

"Specially negotiated" is redundant. "Group Discounts" is shop talk.

Members receive savings not available to the general public would work better.

We continue to leverage the vast purchasing power of hundreds of thousands of Association Members...

More shop talk, plus a self-centered standpoint—and an awfully vague claim.

More than 370,000 members take advantage of these savings every year would work better.

You’ll save big on select Apple and Dell computers, hotel stays, car rentals, active-lifestyle apparel, outdoor products, and more...

Even more shop talk, plus erratic name-dropping. Consumers don't know what "hotel stays," "active-lifestyle apparel," or "outdoor products" are. And why aren't brands named for any of those product categories, as they are for computers? Are those offerings crap?

You’ll save big on computers, hotel rooms, rental cars, clothing, outdoor and sports goods, and more... would work better.

    

Association Members also save with FREE access to “concierge-style” travel services...

Shop talk. And what does "concierge-style" mean, anyway?

Members can also use our free travel service would work better.

Now, our perhaps-lazy copywriter would string together the revised sentences and call it quits.

Members receive savings not available to the general public. More than 370,000 of them take advantage of these savings every year. Members save big on computers, hotel rooms, rental cars, clothing, outdoor and sports goods, and more. Members can also use our free travel service.

But why settle for pedestrian copy? Why not tighten it and—more importantly—put to work the indisputable power of the word "you?"

Membership lets you take full advantage of deep, member-only discounts on purchases of things like clothing, computers, outdoor and sports goods, hotel rooms, rental cars, and more. You also get to use our concierge service to plan trips. It’s like having your own personal travel agent.

Stay picky, my friend. Execution matters.

Contempt

The only cure for contempt is counter-contempt.

— H. L. Menken

I'm keen about Alan's Blog, not only because its creator Alan Weiss serves up highly original business tips, but because he routinely skewers the arrogant, the hypocritical, the timid, and the incompetent.

No one—from the lowly cashier to the mighty CEO—is spared his delicious scorn.

Indeed, the blog might be better named Alan's Barbs.

I just introduced my wife to Alan's Blog and she hates it.

That's because she's the kind of person the philosopher Aristotle calls "good-tempered."

Anger for Aristotle occupies a spectrum.

Angry people—occupying one side of the spectrum—Aristotle calls "irascible." Irascible people "get angry quickly and with the wrong persons and at the wrong things, and more than is right. They do not restrain their anger, but retaliate openly, owing to their quickness of temper."

Too-cool people—occupying the opposite side of the spectrum—he calls "fools." Fools never give way to anger, and are "thought not to feel things nor to be pained by them." Fools never defend themselves, and "endure being insulted and put up with insult."

Tolerant people—occupying the mid-point of the spectrum—Aristotle calls "good-tempered." "Good temper is a mean with respect to anger," he says. "The person who is angry at the right things and with the right people, and, further, as he ought, when he ought, and as long as he ought, is praised. This will be the good-tempered person."

Aristotle's analysis of anger leaves me worried that, like Alan, I'm on the "angry" side of the spectrum.

But, thankfully, the philosopher comes to my rescue.

I'm merely, like Alan, "hot-tempered."

"Hot-tempered people get angry quickly," Aristotle says. "But their anger ceases quickly—which is the best point about them. This happens to them because they do not restrain their anger, but retaliate openly owing to their quickness of temper, and then their anger ceases."

That sure beats being "irascible"—or, just as bad, being the kind of person Aristotle calls "sulky."

"Sulky people are hard to appease, and retain their anger long; for they repress their passion. But it ceases when they retaliate; for revenge relieves them of their anger, producing in them pleasure, instead of pain."

When sulky people can't avenge themselves, Aristotle says, watch out!

Unavenged, sulky people "retain their burden; for, owing to its not being obvious, no one reasons with them, and to digest one's anger in oneself takes time. Such people are most troublesome to themselves and their dearest friends."