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Building Compliance into the Email Profit Center Linda Goodman, Esq. The Goodman Law Firm James O’Brien LashBack Sal Tri PowerPoint Presentation
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Building Compliance into the Email Profit Center Linda Goodman, Esq. The Goodman Law Firm James O’Brien LashBack Sal Tripi Publishers Clearing House Dianna Koltz, CIPP Memolink | CPA Storm Compliance Legal Update, Process Overview & Case Studies Linda Goodman, Esq. Principal

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slide1

Building Compliance into the Email Profit Center

Linda Goodman, Esq.

The Goodman Law Firm

James O’Brien

LashBack

Sal Tripi

Publishers Clearing House

Dianna Koltz, CIPP

Memolink | CPA Storm

compliance legal update process overview case studies

Compliance Legal Update, Process Overview &Case Studies

Linda Goodman, Esq. Principal

The Goodman Law Firm

current legal climate
Current Legal Climate
  • 2008 Increase in State AG activity
  • Q4 2008 more FTC activity than ever before
  • 2009 Obama Administration
    • Increase Consumer Protection
    • Increase Regulatory Enforcement
legal process
Legal Process
  • Compliance Process Recommendations
  • Case Studies and Precedent
email compliance reality impacts email reputation deliverability and profit

Email Compliance Reality:Impacts Email Reputation, Deliverability and Profit

James O’Brien

Director of Marketing

LashBack

Global Email Compliance

email myths and reality
Email Myths and Reality
  • Myth: Compliance Takes Too Much Time and Is Too Costly.
  • Reality: See The Ten Guidelines to CAN-SPAM Compliance Handout
  • Myth: Compliance = Cost Center
  • Mission: Email Compliance = Quality Control and Email Profit
email myths and reality7
Email Myths and Reality
  • Myth: CAN-SPAM to reduce volume of “email” consumers receive
  • Reality: 90% of all email is junk data, not legitimate commercial email
  • Myth: CAN-SPAM focuses on consumer legal action
  • Reality: CAN-SPAM is for legitimate ISPs and Gov’t regulators
  • Reality: Relevance trumps permission
  • Myth: CAN-SPAM is Ineffective
      • Over 100 Prosecutions & Administrative Settlements
      • More Than Any Other Email Regulation
      • Enforcement of a “weak” law is better than little or no enforcement of a “strict” law.
what is the 90 of all email is spam myth
What is the “90% of all email is spam” myth?
  • Email needs a better definition of “spam”.
  • The huge majority of “spam” is a torrent of junk data.
  • Almost 50% comes from a source which should not send email.
  • Another 34% is from “unknown” sources- both hard to measure because much is blocked.
what email do you really compete against
What Email Do You Really Compete Against?
  • Tons of Bad Email Gets Delivered.
  • Very Little Email is “Filtered”
  • Most Compliant Commercial Email Gets Delivered
  • Legitimate Commercial Email Is a Smaller Percentage of Total Data Delivered Than Anyone Perceives- It is one basis for its high value and ROI.
can spam legislative intent
CAN-SPAM Legislative Intent
  • Right to Send vs. Right to Receive

- “With rights come responsibility”

- Email Must Self-Regulate (Learn How Today!)

  • Consumer Opt-Out is All
  • Transparency- Clear Ownership/Accurate Contact Information or Permission

- Sending IPs, Domains, Physical Address

  • Obligation to Monitor and Resolve Issues in a Timely Manner

- Collaborative Compliance- shared liability

- Collaborative Commerce- shared reputation

  • No Deception- The “reasonable consumer” test
  • Create an email marketplace by creating basic standards for email and rules for sending behavior
advanced compliance
Advanced Compliance
  • Collaborative Compliancy
  • Collaborative Reputation Management
  • Internal Policy and Best Practice Compliance
  • Contract Enforcement
  • New Rules of CAN-SPAM
collaborative compliance the obligation to monitor the opportunity to enforce quality control
Collaborative Compliance--The Obligation to Monitor--The Opportunity to Enforce Quality Control

Federal Register

Vol. 70, No. 91/ Thursday May 12 2005/ Proposed Rules. Page 25,431 (not a typo) Section (2) entitled "Sender Liability for Practices of Affiliates or Other Similar Entities" :

“[the FTC] has specifically held sellers liable for the actions of third party representatives if those sellers have failed to adequately monitor the activities of such third parties and have neglected to take corrective action when those parties fail to comply with the law.”

slide13

Who is liable?

  • US Advertiser (sender) - UK Publisher
  • Commercial Email?
  • Who profits?
  • Is it your offer?
  • Who clicks the send button?
  • Follow the money.
  • Email Compliance and Reputation is a Collaborative Exercise in the Email Eco-System.
compliance benefits
Compliance Benefits
  • Decrease Liability
      • Public and private
      • Identify fraud and brand abuse
      • Compliance process weighs heavily under legal scrutiny
      • Reduce legal costs when problems arise
  • Protect Reputation
      • Deciding factor for inbox delivery
      • Deciding factor in who works with you
      • Increase brand equity
  • Increase Deliverability
      • Compliant email is first hurdle for delivery
      • Identify failures or human error quickly
      • Actionable feedback data improves future campaigns
  • Increase Profit
      • Repel “Spambulance “ Chasers with Confidence
      • When email gets delivered it impacts not only gross revenue but profit per campaign
beyond compliance 101
Beyond Compliance 101

Enforce Internal Corporate Guidelines and Best Practices

Guidance: Many online marketers implement custom controls which go beyond

CAN-SPAM requirements to enforce their own corporate policies, procedures and Contracts with third parties.

Custom Best Practices:

  • Use of Specific, Pre-Approved Subject Lines
  • Monitor for Vertical Compliance Specific Rules: finance, education, health
  • Quality Control: Link Functionalty/Accuracy, Positive/Negative Traffic
  • Frequency and Volume Caps for Sending- ListMonitor
  • Email Brand Usage Monitoring- BrandAlert
  • Enforcement of Exclusivity- LM/BA/AL
slide17

Compliance Impacts Reputation

  • Consumers and receivers Report Key Metrics to Centralized Data System
  • Data Linked to Sending IP
  • and Domain
  • Marketers Use FeedBack
  • to Improve Sending
  • Practices

Marketers

Consume

FeedBack

ISPs and Receivers Consume Reputation Data for Delivery Decisions

compliance best practices
Compliance Best Practices
  • Closely Tied to Email Performance Best Practices
  • Unsubscribe Most Impacts Reputation and Certification (UnsubScore/Sender Score)
  • Sending/Data Compliance Problems Will Get You Blocked or Filtered
  • Content Issues Decrease Response Most and Increase Legal Problems
email compliance the pch way

Email ComplianceThe PCH Way

Sal Tripi

Director of Operations and Compliance

traditional view
Traditional View

Obstacle

Sales Prevention

Growth Inhibitor

using compliance to
Using Compliance to:
  • Increase Sales
  • Grow/Foster Profitable Business Relationships
  • Protect Brand
  • Improve Campaign Level Metrics = Increased Conversions
the pch brand
The PCH Brand
  • Brand Protection is Crucial For Future Success
  • Leveraging The PCH Brand With Valued Advertisers And Partner
the pch brand23
The PCH Brand
  • Yes!We really do give away all that money
  • Over 50 Years
  • PCH is Sweepstakes
  • One of America’s most well-knownbrands.
  • TRUSTED
  • No!You do not have to order to win.
why have a compliance policy
It effects email delivery

It effects us as well as business partners

Legal implications of not having one

Why Have a Compliance Policy?
slide25
Acquisition Efforts
  • Opt in Practices
  • Segmentation
  • Targeting
  • Bounce Management
  • Delivery Monitoring
  • ISP Relations
  • Frequency
  • Advertisers
a comprehensive compliance program
Your Sending Reputation

Acquisition Methods and Partners

Advertisers

A Comprehensive Compliance Program
it all starts with infrastructure
Authentication

Lets the ISP’s know who the sender of the mail is.

Domain Keys or DKIM – Yahoo

SPF – AOL

Sender ID – MSN/Hotmail

It’s easy to have all 3

It all starts with Infrastructure
impacts on sender reputation
Complaint Rate

How often people hit the Report Spam button as a percentage of total mailed.

Volume

How much mail is being sent.

Address Hygiene

Invalid or non-existent accounts

Impacts on Sender Reputation
impacts on sender reputation30
Spam Trap Hits

Spam Traps are either old abandoned email addresses used by ISP’s and Blocklists to trap spammers.

Blocklists

Blocklists are 3rd party providers of data that ISP’s used to evaluate the legitimacy of senders.

Impacts on Sender Reputation
delivery monitoring
Two types of Monitoring

ESP’s provided delivery stats

Delivery based on absence of bounce message

Key Metric – but not the full story

No indication of Inbox/Bulk

Seed Program

Inbox/Bulk and Missing

To truly understand delivery mailers should evaluate both

Delivery Monitoring
acquisition partners
How are you growing your lists?

3rd Party emails

Banners

List Rental

Acquisition Partners
am i really responsible for 3 rd party s
Advertisers an be viewed as the sender of the email

Sender is responsible for Can Spam compliance

Penalties for violation– up to $250 per address.

Am I Really Responsible for 3rd Party’s
common issues
Emails Sent to suspect lists

Scripts inject suspect addresses on unsuspecting sites

Aggressive tactics

Over mailing

Common issues
monitoring is critical
Know who is marketing your brand

Know their reputation

Know their mailing practices

Know their other clients

Know how they are marketing your brand

Monitoring is CRITICAL
what should i monitor
What Should I Monitor?
  • Partner Sending Reputation
    • Block Lists
    • Unsub Score
    • Compliance Issues
  • Key Words/Phrases Related to Brand
  • Suppression List Management
email partners
Who are they sending to?

How do they obtain their names?

Their mailing practices

Frequency

List Hygiene

Block Lists

Who are their business Partners

As an Advertiser you are Responsible!!

Email Partners
audit
IP’s and Sending Domain

Review Sending Behavior

Opt in Practices

Blocklists

Suppression List Abuse

Audit
monitor on going activity
Review of All Campaigns

Validate Unsub Process

Validate that Partners are using only approved creative's, IP’s, Domains

Validate that Partners are not sending to harvested email addresses or Suppression lists

Verify that Partners are Marketing your offer in a manner that protects your brand!!

Monitor On-Going Activity
suppression list abuse
What is it?

A Suppression List is a list of suppressed email addresses used by email senders to comply with the CAN SPAM ACT of 2004. CAN-SPAM requires that senders of commercial emails provide a functioning opt-out mechanism by which email recipients can unsubscribe their email address from future email messages. The unsubscribed email addresses are placed into a "suppression list" which is used to "suppress" future email messages to that email address.

Suppression List Abuse
suppression list abuse51
Suppression list abuse occurs when a third party takes a suppression list and emails messages to the email addresses in the list. The original sender of the email messages who provided the opt-out mechanism may be liable for suppression list abuse. Suppression List Abuse
md5 hash encryption
MD5 is a one way only encryption method.

Widely Used.

Reliable

Easy

In-house Solution or Outsource

MD5 Hash Encryption
commitment to compliance
Executive Level

Business Partners

Investment in Resources

Investment in Tools

Commitment to Compliance
benefits
Improved Delivery

Higher Conversions

Attract Higher Caliber of Partners

Able to establish long lasting profitable relationships

Provide Quality Leads

Standout from Competition

Protect your Brand

Benefits
engage the sales force
Allow Potential Advertisers to Audit the Process

Provide Sender Information Openly

Provide Links to Reputation Services

Allow Potential Advertisers to Audit the Process

Engage the Sales Force
additional info
www.lashback.com

Compliance Monitoring, Brand Monitoring

www.unsubcentral.com

Suppression List Management, Protection, MD5Hash

www.aotalliance.org

Authentication and security

www.returnpath.com

Reputation Monitoring Tools, SenderScore, Delivery Monitoring Tools

Additional Info
the best practice approach

The Best Practice Approach

Dianna Koltz, CIPP

Director of Best Practices

Memolink, Inc

agenda
Agenda
  • Company Overview
  • Best Practices Division
  • The Best Practice Approach
  • Components of The Approach
company overview
Company Overview
  • History
  • Leadership
  • Products
company overview67
Company Overview

Professional Experience:

  • Meredith Corporation
  • Memolink, Inc.
  • Certified Information Privacy Professional
  • DMNews Top 30 Under 30
agenda68
Agenda
  • Company Overview
  • Best Practices Division
  • The Best Practice Approach
  • Components of The Approach
slide69

Best Practices Division

  • What we do:
    • Set standards
    • Execute the approach
  • Why we do it:
    • Industry realities
best practices division
Best Practices Division

The Division’s mission is dedicated to an unwavering integrity and resolve as a cutting-edge leader in online intelligence and marketing.

agenda71
Agenda
  • Company Overview
  • Best Practices Division
  • The Best Practice Approach
  • Components of The Approach
the best practice approach72
The Best Practice Approach
  • How we execute
  • Establishes clear expectations
  • Enables us to manage risk
  • Influencing factors
  • Will you take the challenge?
agenda73
Agenda
  • Company Overview
  • Best Practices Division
  • The Best Practice Approach
  • Components of The Approach
components of the approach
Components of the Approach

1. Best practice standards 2. Partner vetting 3. Business process separation 4. Dedicated staff5. Privacy program6. Data access program 7. Education and outreach

best practice standards
Best Practice Standards

What are Best Practices?

best practice standards76
Best Practice Standards

Development of BPs:

  • Identify areas of need
  • Conduct internal interviews
  • Research: Read, read, read
  • Analyze risk and reward
  • Prioritize
best practice standards77
Best Practice Standards

The need for BPs:

  • Memomail
  • Reactive 
  • Cause: Spam traps
  • Affect: Blacklisted
best practice standards78
Best Practice Standards

Implementation of BPs:

  • Sought external help
  • Transparent dialogue
  • Made Improvements
  • Result: SBL Removal
components of the approach79
Components of the Approach

1. Best practice standards 2. Partner vetting 3. Business process separation 4. Dedicated staff5. Privacy program6. Data access program 7. Education and outreach

partner vetting
Partner Vetting

What is vetting?

slide81

Partner Vetting

i. How long have you been in business?

  • Here today, gone tomorrow?
  • Reputation is built on what?
  • How long is the track record?
slide82

Partner Vetting

ii. Has your company received venture or institutional money?

  • Insight into priorities.
  • Conflict of interests?
slide83

Partner Vetting

iii. How long has your current leadership

been in place?

  • Turnover in key positions
  • Individual track records
slide84

Partner Vetting

iv. Have you ever been the subject of a lawsuit or investigation relating to your advertising, marketing, privacy or data security practices?

  • Changes?
slide85

Partner Vetting

v. Do you have a formal due diligence procedure to vet your vendors and affiliates?

  • (Inquire about the details of the process.)
slide86

Partner Vetting

vi. Who is responsible for setting compliance policy at your organization?

  • Is the role conflicted?
slide87

Partner Vetting

vii. Who will be my daily operational contact for fraud- or compliance-related issues?

  • Is someone available?
slide88

Partner Vetting

viii. What are your company’s best practice standards above and beyond what the federal law requires?

  • Sales pitch
  • Reality pitch
partner vetting89
Partner Vetting
  • Who executes the program?
  • What happens after acceptance?
components of the approach90
Components of the Approach

1. Best practice standards 2. Partner vetting 3. Business process separation 4. Dedicated staff5. Privacy program6. Data access program 7. Education and outreach

business process separation
Business Process Separation
  • Why separate?
  • How do I gather support?
components of the approach92
Components of the Approach

1. Best practice standards 2. Partner vetting 3. Business process separation 4. Dedicated staff5. Privacy program6. Data access program 7. Education and outreach

dedicated staff
Dedicated Staff
  • Why hire dedicated staff?
  • Who are the best candidates?
components of the approach94
Components of the Approach

1. Best practice standards 2. Partner vetting 3. Business process separation 4. Dedicated staff5. Privacy program6. Data access program 7. Education and outreach

privacy program
Privacy Program
  • Protect consumers
  • Protect clients
  • Protect employees
components of the approach96
Components of the Approach

1. Best practice standards 2. Partner vetting 3. Business process separation 4. Dedicated staff5. Privacy program6. Data access program 7. Education and outreach

data access program
Data Access Program
  • Conduct an internal audit
  • Evaluate the findings
  • Remove the context for abuse
components of the approach98
Components of the Approach

1. Best practice standards 2. Partner vetting 3. Business process separation 4. Dedicated staff5. Privacy program6. Data access program 7. Education and outreach

education and outreach
Education and Outreach
  • Internal training
  • Long-term focus
  • Industry collaboration
conclusion
Conclusion
  • Culture Shift
  • Best Practices & Compliance
  • Invesment
  • Return
slide101

Questions?

Dianna Koltz, CIPPDirector of Best Practices

Memolink, Inc

dkoltz@memolinkcorp.com

303-327-2114