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Cam Beck Cam Beck   Bio
10.22.07

Take My Spam... Please!

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In an effort to put a lid on the crippling effect unsolicited and unwanted email had become to productivity, Congress enacted laws to give consumers the means to protect their email inbox, and software companies vying for business from the same consumers, created programs to help filter spam.

CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act) laws dictate that companies must provide consumers a means to opt-out, and any U.S. company seriously desiring to avoid a lawsuit and punitive action has complied. However, the way they have chosen to do so reflects, at best, a serious misunderstanding about why such laws are necessary in the first place, and at worst, outright apathy or malice towards the consumers’ desires.

--See laws for commercial emailers at the website for the Federal Trade Commission (here).--


A few months ago I opened a Bank of America account because my wife sung the praises of the online banking features the company offered. It didn’t take me long to see what she meant. They are impressive! From a Bank of America login, I can view balances and statements, pay bills, and transfer cash from one account to another. It has, without a doubt, made my life easier, and they should be praised for seeing the value in adding value to the consumer.


Friday morning I logged on to pay a few bills before I went to work. This has never been easier! Having already set up my accounts to be paid, I was able to do it with one hand (my non-writing hand) while I attempted to placate my little girl by bouncing her on my knee (and stabilizing her with my right hand). The process had its hiccups, though, and though it didn’t upset me terribly, represents something about a lot of marketers that upsets me across nearly all industries that are represented on the Internet.


After I logged in, I was asked to confirm my email address, and things started to go downhill. The email address was already correct, and I started to suspect they had no reason to believe otherwise. It had only been a few months since I opened the account, after all.




I was provided with two opt-out messages before I confirmed the address. There were two checkboxes; one of them, regarding marketing messages, was unchecked, and the other regarding statement updates, was checked.


Getting increasingly suspicious and feeling the sinking need to look closer, I noticed that the language of the first (already unchecked by default) told me to check the box if I did NOT want to receive marketing messages. The language on the second (already checked by default) told me to check the box if I WANTED statement updates. In other words, within the same form and context, they provided different ways to opt out.




Bank of America followed the letter of the law, but they did so with a method that can only be described as misleading since people typically don’t read those sorts of messages, and the action required to opt out changes from one email message to the next within the same form.


I’ve been in these sorts of debates before: The marketing managers are presumably concerned that their bonuses will be partially based on the number of people who sign up for emails. I can think of no other reason they are so adamant that they find some way to ensure people get marketing spam they don’t want.


Although Bank of America didn’t ask for my mailing address (which they already have, because they have a legitimate need for it) at this stage, many marketing managers will ask for all the information they can get, just because THEY want it, not because they need it to deliver anything of value to the consumer. In usability tests, I’ve observed that users gripe about the extra fields (not noticing that all of them aren’t required) even as they fill it out with fake information.


Many times they tell us that they wouldn’t even fill it out, if we weren’t asking them to, because the site is asking for information the company doesn’t need. This is a problem in and of itself to marketers, who are trying to establish brand affection and loyalty.


In light of that, why do so many of us presume this is the way to build a brand – to annoy our customers while we get fake information that has no use to us?


If information really has value to you as a company, don’t manufacture methods that end up confusing people about what they’re getting and what is required of them. Instead, engineer a process that either legitimately will require it or would make consumers want to give it to you because they know they will get something of value as a result of your using that information they freely gave you.


Email can be a viable and effective marketing medium, but the more email users get that they really didn’t want, the less effective it will be for everyone. Don’t send emails to anyone who hasn’t indicated a desire to receive it. Ultimately, it’s better if your audience gets an email that they are expecting AND WANT than to get an unwanted email only because you wanted to force it on them or trick them into accepting them – regardless of what the law says.



Read more on this subject:
CAN-SPAM email email marketing ethics FTC government legislation spam


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Comments

This is the key sentence of your post: "Email can be a viable and effective marketing medium, but the more email users get that they really didn’t want, the less effective it will be for everyone."

it's the classic tragedy of the commons, marketing-style; there's some tiny (but nearly worthless benefit) for everybody to push the definitions of opt-in a little bit, but the result of everyone taking from the commons of consumer trust is that the commons is destroyed, and everybody loses. I think we're actually past the point of no return with email, but I can see similar things happening in social media and effectively undoing their benefits.

Posted by: John Whiteside | 10.22.07

Here's the "logic":

If we manufacture messaging that increases our odds of sending emails it increases the odds of people opting-into our offers.

Here's the reality:

If we manufacture messaging that increases our odds of sending emails to people who didn't want it in the first place we tick them off...and, sooner or later, a competitor will leverage that angst to give customers peace of mind that they won't use this faulty, desperate logic and will actually take better care of them.

Thanks for a great piece, Cam. Do hope that BoA sees this.

Posted by: CK | 10.22.07

Cam,

We have been doing our banking online for years through TD Northbank, and have experienced no such problems. Perhaps Bank of America's online program isn't as progessive as your wife was led to believe.

Posted by: Lewis Green | 10.22.07

Cam,

We have been doing our banking online for years through TD Banknorth, and have experienced no such problems. Perhaps Bank of America's online program isn't as progessive as your wife was led to believe.

Posted by: Lewis Green | 10.22.07

The sad thing is, they probably think they're being clever, when in reality, they're just annoying customers and abusing their trust.

Posted by: anne | 10.22.07

John and CK - You have it exactly right. The action is motivated by fear and desperation, but the net effect is harmful to the entire medium.

Lewis - I have no problem whatsoever with the online program, necessarily, but their online marketing efforts. I get the feeling that essentially what they're asking for is permission to use the data they're collecting about my financial habits to serve relevant email marketing... Problem is, I don't want their steenking marketing. They have to confuse and misdirect in order to gain permission to do that, which is troubling.

Anne - Precisely. Makes me wonder what they've been smoking to believe this is acceptable behavior. ;)

Posted by: Cam Beck | 10.22.07

Cam,

My point was made poorly I guess. TD Banknorth has never asked us for anything other than our bank numbers. There is no apparent marketing effort and I have never received any TD Banknorth marketing in the decade I have been with them.

Posted by: Lewis Green | 10.22.07

Lewis - Does that include junk mail/credit offers?

Posted by: Cam Beck | 10.22.07

Yes, everything. Other than my bank statements, I don't receive and junk mail or SPAM. I remember back in the '80s BOA had a terrible reputation as a brand that doesn't care much about its non-business customers. And when my former bank was taken over by BOA, service became so bad, I changed banks.

Perhaps BOA is a bank that thinks about sales and marketing first and its customer relations not at all.

Posted by: Lewis Green | 10.22.07

This is not the tragedy of the commons it actually directly hurts Bank of America directly. Why would it benefit them to send to people who don't want their emails? It is better to send to people who want them for the individual company and the individual.

I bet you BOA pisses off a lot of people with this kind of thing.

Posted by: Neil Anuskiewicz | 10.22.07

Cam,

You are probably right, this can be traced to incentives. If conversions were the metric, you would be less likely to see this sort of thing. If just numbers of people on list are the metrics, then you have smoke and mirrors.

John, on second thought, this is tragedy of the commons. In the classic example, the individual hurt both themselves *and* the group by pushing the limits. In this case BOA hurts their own reputation, pisses off customers, and trammels the medium all in one foul swoop. Nice.

Posted by: Neil Anuskiewicz | 10.22.07

Lewis - I'm not inclined to think any more poorly of BOA than I do of any other organization that engages in this behavior.

Unfortunately, that sets the
bar pretty low. There are a lot of them... but for the record I do my very best to change the tide. :)

We don't have TD Banknorth down here in the deep south that I know of.

Neil - Yesterday I talked to a friend of mine who said he experienced the same thing I did, on the same website, right before I posted the article.

It's strange... As I said, people are so accustomed to being treated this way that they made up their own workaround for being asked for senseless data. Their first instinct was to put in false information, but the companies started requiring activation codes that were emailed to the account users provided.

BugMeNot.com came along, which allowed people to sign in using someone else's information.

I know the companies can devise more effective methods to ensure they're getting correct information, but IMO, they'd be better served spending all that energy creating content people want and figuring out how to give them something of value that makes legitimate use of what information they'd like to have in return.

Posted by: Cam Beck | 10.25.07

I am hardly a power user of Google Docs and I don't doubt Office has a ton of functionality that Google doesn't.

Enni

Posted by: Enrico | 03.14.08

Very good article, i would like to put it into my page, can I ??

Posted by: kredyt mieszkaniowy | 06.19.08

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