Are You Spamming Your Clients?

June 17, 2011

Introductions Doug Ladendorf

Manager of Marketing Databases & CRMMayer Brown LLP 1,600 Attorneys 7 domestic office & 14 international Marketing is international dladendorf@mayerbrown.com

Bill VannersonDatabase Marketing ManagerFoley & Lardner LLP 900 attorneys 18 domestic & 3 international offices Marketing is 99% domestic only WVannerson@foley.com

AgendaLegal Definition of Spam

ISP/Corporate Definition of Spam

Personal/Individual Definition of Spam

Best Practices

What is SPAM?Definition of Spam

CAN-SPAM Act of 2003 Steps to comply

No false/misleading header info Subject line must match content Indicate the message is an advertisement Include your physical address Must include a means of opting out or

unsubscribing Opt-outs must be honored within 10 business

days

ISP Filtering & Scoring ISPs (internet service Provider) and

corporations install software or contract with third-parties to block spam

Spam Assassin – open source mail filter

Postini – enterprise mail filter

Spam Scoring

White Listing/Certification, Black Listing, Reputation

Black ListingClean lists regularly

Resolve spam complaints promptly

Contact ISP or org. that is blocking

Check email reputation

Work with third-party reputation service

Third-party mailing services - caution

White ListingExact opposite of Black Listing

Pre-certified as a valid mailer

Pass rigorous standards

White List Database Successful white listed candidates are added to an

approved database that spam filtering software and vendors can check to pre-approve sender’s messages

Specific White List Tests Email is sent from a dedicated IP address.

Email messages accurately identify the source of the message.

There is full disclosure and consent at the point of collection that clearly describes how the sender will use the email addresses and/or other personal information

The recipient has given explicit consent to receiving any Commercial or Promotional Email Messages. Double opt-in

Recipients are promptly removed from the list when they request to unsubscribe.

The email infrastructure is well maintained & operated responsibly. List hygiene and bounce-processing system

Reasonably secure networks used to send email messages and store recipient information.

Their email programs maintain very low complaint rates.

LitmusTest in email clients

Test against Spam Assassin and Postini

Targeting Your AudienceFoley – traditional static lists

Mayer Brown – dynamic segmenting

How are contacts added to lists?

Who approves use of lists?

No purchased or rented lists

Keeping Mailing Lists CleanList hygiene - Removing obsolete contacts

Process bounced emails

Contacts update preferences through subscription form

Contact Verification email

Folder Dependency Rules – deceased, out of business companies

Circulate to fee-earners

Handling Opt-Outs and Opt-InsAdding Contacts & Opt-In

Attorney “Add your contact” emails Referrals Website links External lists are a two-step process

Removing Contacts Every communication has a link to unsubscribe or

receive no further communications Folder dependency rules pull out No Mails from

marketing lists nightly Tikit E-Merge automatically configured to exclude No

Mails Tikit templates also exclude list specific unsubscribes

Other Best PracticesQuality HTML / Templates

Test, then test again

Email Text – not overly long, be aware of red-flag words like “free”

“Web bugs” for open rates could add to spam score

Caution when using embedded graphics

Be aware of state BAR rules

Primary, separate or sub- domain?

In SummaryThere are three aspects of SPAM:

The legal aspect – CAN-SPAM Act of 2003

The ISP filtering/scoring aspect What things do service providers look at to give

indications of spamming?

The personal/individual aspect Are you sending the right communications? Are you over-sending?

Questions?