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The CAN SPAM Act: Are You In Compliance?

Unless you spent the holiday season hiding out in the Alaskan frontier, you’re certainly aware of the new rules regarding commercial email messages. But the big question is, Are you ready to comply?

President Bush signed the CAN SPAM Act of 2003 on December 16. This new law, which became effective Jan. 1, 2004, places new but not onerous restrictions on mailers, advertisers and senders.

When sending commercial email messages, mailers are now simply required to 1) provide truthful subject labeling, 2) include clear opt-out instructions, and 3) include the sender’s physical mailing address. What’s so hard about those requirements?

The Act basically prohibits the use of deceptive subject lines and false headers in messages. Here’s a few “best practices” to consider implementing: keep a functioning return email address, handle opt-out requests within 10 business days, and make sure opt-out links are kept alive for at least 30 days.

How big of a problem is spam? Consider these statistics from American Online. AOL blocked more than 500 billion spam emails in 2003, or more than 15,000 per member. In total, AOL said it blocked more than 75 percent of the email sent to its subscribers. Among the top 10 spam subject lines were “Viagra online” and “online pharmacy.” To try to fools spam filters, spammers turned to such tactics as deliberately misspelling words in the subject lines.

The law calls for, but does not require, a do-not-email registry from the Federal Trade Commission. The FTC, state attorneys general, and Internet service providers will enforce the law.


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Nevada Has Most Movers, Louisiana Least

About 120 million (46 percent) of the nation’s population that was five years old and over in 2000 lived in a different home than they did in 1995, according to the U.S. Census Bureau report.

Twenty-five percent moved within the same county, 10 percent between counties in the same state and 8 percent between states; three percent had moved from abroad.

Nevada led all states in the mobility of its population—63 percent were movers. Colorado and Arizona followed at 56 percent each. California, Arizona and Nevada had the highest proportion of people who changed residences within the same county, about 31 percent each.

In 2000, about 60 percent of the U.S. population lived in the state where they were born. Louisiana, Pennsylvania and Michigan had the highest proportion of residents who lived in the same state where they were born (79 percent, 78 percent and 75 percent) while Nevada, Florida and Arizona had the lowest (21 percent, 33 percent and 35 percent). The report, titled Geographic Mobility: 1995 to 2000, was issued September 2003.


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Get Your Database In Shape for CRM

Learn why data quality is the key to performing effective multi-channel marketing and CRM. No direct marketer should pass up this story. Data quality is the key to performing effective multi-channel marketing and CRM. Without accurate and complete data, companies rely on insufficient and wrong information for their analytics and campaign management, which can negatively affect their business results. Keith Yagnik, vertical practice leader, retail and pharma at Harte-Hanks, and Mark Douma, senior marketing manager at Target Direct, noted four keys to enhancing data quality in their session “How to Boost CRM Success with High-Quality Data” at the DMA’s Annual Conference Exhibition last week.

  • Data capture: Identify customers in all contact channels and complete, correct or verify their contact information while you have them on the phone or at your Web site. You’ll keep your data cleaner and more recent with this best practice.
  • Data hygiene: Use hygiene tools available to you, such as PCOA (proprietary change of address) and the U.S. Postal Service’s NCOA, LACS, DSF2, DPV and apartment number append services.
  • Data standardization: Identify and standardize all name and address data elements to allow for improved matching and personalized communications.
  • Matching: Use a variety of data fields and matching criteria to compare for de-duplication of customer records, as well as creating a more complete view of your customers and their activity with your company. For example, you might match on street name, last name, house number, P.O. Box, postal code and city. Determine which data fields are likely to provide a valid match, and then fine-tune your criteria to perfect your match rate.
From TM Tipline, by Hallie Mummert, editor in chief, Target Marketing & Inside Direct Mail


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E-Merchants Use Address Verification to Control Fraud
While two-thirds of e-merchants say they took more online fraud precautions in 2002, total dollar fraud losses are increasing, according to the Online Fraud Report, an independent survey undertaken by CyberSource Corp. Among other top findings from the report: Online fraud is a "serious" or "very serious" concern for 46 percent of those surveyed; Manual review is common since more merchants are reviewing more orders manually; Two-thirds say they plan to implement additional fraud control measures in 2003. A variety of tools are being put into place to deter credit card fraud. Seventy-one percent of merchants say they are using address verification in 2002, up from 46 percent the year before, and penetration audits have doubled, from 30 percent in 2001 to 63 percent in 2002. Even as merchants say they are already employing anti-fraud tools, two-thirds say they plan to implement more in the next 6 to 12 months. Among the top strategies mentioned ! are: new Visa/MasterCard authentication plans (40 percent), card number verification (29 percent), and address verification services (21 percent).


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ZIP Code 12345-6789 is Alive and Well
There is a growing problem that the USPS is very concerned with, regarding the use of the ZIP code 12345-6789 in promotional examples. Many marketers typically use ZIP 12345-6789 as an example of addressing standards in promotional literature and other venues. Even the USPS's PAVE department is guilty of using it on standardized documentation samples and on illustrations on the white board when working through preparation issues. It turns out that 12345-6789 is a real live ZIP. Inadvertently mail is getting made up to this ZIP regularly and creating a significant processing problem for Schenectady, NY. A better ZIP example to use for promotions is 98765-4321. "987" is an unassigned ZIP and therefore eliminates the possibility of mail ending up in the mail stream. You can help the USPS by prohibiting the use of 12345-6789 for promotional purposes within your own organizations and by spreading the word to your users.


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National Change of Address (NCOA) is for any class of mailing.
A Change of Address update is essential any time you plan a direct mail campaign. If you have targeted a market by name and address you must update the addresses as they change. The USPS only requires NCOA for First Class automation or pre-sort mailings. This requirement was implemented only for delivery efficiency. The USPS is in business to deliver mail, and not in the direct mail advice business. Any successful direct marketer would tell you that NCOA is required every time you are targeting an audience with a mailing. A mailer must compensate for the fact that 10% of their list will be moving every year and become invalid. We can associate this to a hunter that aims at a moving target. He will always lead his shot to compensate for the movement. If the hunter does not lead his shot he will miss his target. If a direct marketer does not lead his target, by using NCOA, he will miss 10% of his targets. That means that 10% of the money and effort spent on the direct mail campaign will be wasted before the piece even leaves the mail house. Here are some NCOA facts to consider before mailing: --17% of Americans change addresses annually. --43 million people move annually. --The average American moves 11 times during their lifetime. --One of every six families moves each year. --The USPS processed 44 million address changes in 1998.


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Phone Append...Quick & Easy to Append Numbers in Your List!
Use Philix Technologies's Residential and Business Phone Append Services to keep your list finely tuned for all your marketing campaigns. Append the most recent business phone numbers to your list from over 10 million business establishments. Append the most recent residential phone numbers based on a consumer information database that covers 90% of the households in the United States. Ask us for a quote.


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Viral Marketing is Infectious
A lot of the energy behind the Internet is the ability for everyone to be a publisher. Consequently, we are in a land grab for precious spectrum - people's attention. Attention is finite. Rising above the noise of a thousand voices requires creativity. Shouting is not very creative. Just hanging up a web shingle and hoping for visitors is not very creative. Rather, new companies can structure their businesses in a way that allows them to grow like a virus and lock out the existing bricks and mortar competitors through innovative pricing and exploitation of these competitors' legacy distribution channel conflict. In 1996, Sabeer Bhatia and Jack Smith pioneered a great new product category -- free web-based email. But many great ideas and great products have withered on the vine. The special catalyst for Hotmail's torrid growth is what we at Draper Fisher Jurvetson have come to call "Viral Marketing" -- not because any traditional viruses are involved, but because of the pattern of rapid adoption through word-of-mouth networks. Viral Marketing powerfully compounds the benefits of a first-mover advantage. And it's something we eagerly look for when evaluating any Internet startup company. As a founding investor in Hotmail and a member of their board of directors, we think Hotmail is a great case study on the impact of the Viral Marketing strategy over its full life cycle. The Hotmail adoption pattern is that of a virus - with spatial and network locality. People typically send e-mails to their associates and friends; many of them are geographically close, and others are scattered around with clusters in areas of high Internet connectivity. We would notice the first user from a university town or from India, and then the number of subscribers from that region would rapidly proliferate. The beauty of it is that none of this required any marketing dollars. Customers do the selling. Digital viruses can spread internationally more rapidly than biological viruses that rely on the physical proximity of hosts for their spread - via a sneeze or handshake. Hotmail is the largest email provider in Sweden and India despite the fact that they have done no marketing of any sort in these countries. It's a happy day when you discover your business has displaced several entrenched competitors to become the market share leader in a country you have never visited. What's more, Hotmail is used in over 220 countries, despite the limitation that it is only available in English. Viral Marketing captures the essence of multi-level-marketing and applies it to all customers - the "word-of-mouth" spread of the Hotmail message is involuntary. And it's more powerful than many other marketing techniques that lack the implied endorsement from a friend. Hotmail had "Free Email" buttons on several other highly-trafficked web sites, but they generated comparatively negligible numbers of subscriptions. Juno has shown that advertising is relatively cost-ineffective. It is hard to spend your way to Hotmail-like growth. The snowball effect is a mechanism to greatly leverage a first-mover advantage. Whenever a product involves people other than the purchaser, then there is an opportunity to market to potential new customers. It is no surprise that Amazon encourages its customers to send a book as a gift to a friend. When the recipient receives the gift book, the packaging contains a flyer for the amazon.com service. Similarly, whenever someone uses iShip.com to send a package, the recipient will learn about how iShip.com can save them money on their shipping needs. As more Internet and Intranet applications move beyond computation to embrace communication, the Viral Marketing strategy has wide applicability. E-commerce, groupware, community, messaging and promotions businesses can all use these techniques to further the Internet explosion. In addition to Hotmail, we have seen a similar viral communications approach taken by Mirabilis, an Israeli-based company that signed up twelve million instant messaging subscribers to its ICQ service before its acquisition by AOL for almost $300 million. To use ICQ, both parties need to download the client software. So each subscriber ends up emailing their friends to solicit them to engage in this new communication channel. The friends in turn, experience the product first hand, and may repeat the pattern. It's like the old shampoo commercial refrain "they told two friends who told two friends, and so on." While powerful, these dyadic communication products recruit new customers one by one.


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USPS Looks to Link E-Mail and Snail Mail in the Future
Beginning this September 2000, the U.S.P.S. will begin testing an innovative new program aimed at connecting the traditional Postal Service with e-mail technology. Called mailing online, this program will allow a customer to e-mail a document to the Postal Service, who will then forward the e-mail to the proper post office branch, where the document will be printed, placed in an envelope, and mailed to the physical address indicated on the e-mail. The service will most likely cost 40 cents for two black-and-white pages. Sue Brennan, a spokesperson for the Postal Service, explained that this new service is being developed for small businesses that are looking for a hassle-free method of direct mailing. The program is one step toward "link[ing] physical addresses with e-mail addresses," Brennan noted.


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Getting People To Read Your E-Mail Newsletters
Send your newsletters midweek and midday. There are times when newsletters always get deleted in bulk. Don't send your newsletters at these times. Anything that arrives on a Friday is toast. People are trying to get out of the office and enjoy their weekend - with an empty inbox. Everything unimportant gets wiped. Mondays are just as bad. Send your message Tuesday, Wednesday or Thursday. The same rules go for the time of day. Don't send your message after 3 p.m. It will get lost in the end-of-day rush of mail or sit until the next morning's delete session. But, there is plenty of time to read during or just after lunch. (Taken from "Getting Readers for E-Mail Newsletters" in DM News 7/24/00, by Andy Sernovitz).


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The Tab for Poor Data: $600 Billion Yearly
A new study shows that poor data quality costs U.S. businesses an estimated $600 billion a year. The report by The Data Warehousing Institute (TDWI) shows that there is a significant gap between perception and reality regarding the quality of data in many organizations, and that current data quality problems cost U.S. businesses more than $600 billion per year. The report's findings were based on interviews with industry experts, leading-edge customers, and survey data from 647 respondents. In recent years, the failure and delay of many high profile IT projects as a result of unanticipated data quality problems is causing executives to wake up to the real cost of poor quality data, said Wayne Eckerson, director of education and research at TDWI. However, almost 50 percent of survey respondents express no current plans to implement an initiative to improve data quality, while 78 percent said their organizations need additional education about the importance of data quality and methods to maintain and improve it. The good news is that achieving high quality data is not beyond the means of any company, continued Eckerson. Companies that have invested in managing and improving data quality can clearly cite the tangible and intangible benefits of doing so. According to the report, benefits include improved customer satisfaction, a single version of the truth, and greater confidence in analytical systems.


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New Study Calculates Mail Delivery Accuracy
According to USPS data, between 400 and 560 million pieces of mail per year are misdelivered, based on results for the third quarter between February and May. The volume of misdeliveries represents 0.28 percent of the total volume of mail estimated at 200 billion of pieces this year. Further, on average, 1.67 percent of the time an address is likely to receive some amount of misdelivered mail. The USPS says misdeliveries most often occur when the recipient's name or street number are incorrect. These results, published in the August 19th edition of Postal World, are part of a new ongoing study of delivery accuracy conducted by PricewaterhouseCoopers for the USPS.


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USPS Book to Help Small Businesses
Just when you though you had enough books in your library, another must-have volume is right around the corner. The U.S. Postal Service this summer will publish the Guide to Mailing for Businesses and Organizations. The announcement was made at a USPS luncheon in New York last week. Currently in draft form, it describes the domestic products and services available to businesses and organizations, including information on how to qualify for discount mailing services. The publication is the Postal Service's way of reaching out to people to explain how the postal service can help small businesses grow, said Pat McCabe, marketing specialist, mail preparation and standards for the USPS. The book is being promoted as an easier read than the current Domestic Mail Manual.


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