IN THE SUPREME COURT OF NOVA SCOTIA Citation: Cherny v. Glaxo Smith Kline Inc., 2008 NSSC 345 Date: 2008/11/19 Docket: S. H. No. 201450 Registry: Halifax Between: November 13, 2008, in Halifax, Nova Scotia Counsel: Kevin P. Downie, Gavin Giles,Q.C. and Wylie Spicer, Q.C. Solicitors for the PlaintiffTeresa J. Walsh and Gordon F. Proudfoot, Q.C. Solicitors for the Defendant By
Microsoft word - emaildelivery-whitepaper.docEmail Delivery
Are my emails reaching the intended audience?
If you send regular emails to your customers and/or prospects the bad news is that not all
of your emails are making it to your intended recipients, even if you have accurate email
addresses. Chances are that ISP SPAM filter software, SPAM-blocking email servers, and email content filters are roadblocks to your emails. Research studies show that opt-in emails are erroneously bounced or SPAM blocked at the rate of 15% to as high as 41% (according to Mail.com). According to Email Delivery monitoring firm “Returnpath” approximately 20 % of all email gets blocked or filtered by ISPs and corporate system administrators. Essentially, 15% to 41% of the email you send to people who have requested it (as information relevant to them) does not reach them. Just by choosing the wrong words or phrases, sending the wrong type of attachment or sending in volume, your email can be classified under "Junk" and end up filed in a virtual rubbish bin. There is no implied responsibility on behalf of any service provider to guarantee delivery of all messages. In fact, ISPs are provided the right to filter and block email any way they deem necessary according to their policies. The problem is that filters block not only SPAM, but also permission-based email as well. And the law doesn't burden ISPs to discriminate whether the email was permission-based or unsolicited. They can block incoming bulk email simply on the basis of a single complaint. Delivering even an opt-in email to a recipient's inbox, can be a daunting task due to the How to improve Deliverability?
Every company sending large volumes of commercial or transactional email struggles with a
hidden issue: email deliverability. Whether email is sent in-house or through an ESP, non-
delivery erodes response rates and campaign effectiveness. Companies that are inexperienced with email marketing could see as high as 50% of their emails bounce. Listed below are hints & tips on what you can do to get your email into more inboxes. By following the recommendations listed below you will achieve over 85% email delivery rates.
To determine how email deliverability affects your email campaigns, there are several
things you need to do:
1. Understand the factors that contribute to blocking & filtering 2. Monitor your campaign delivery to learn the extent of problems 3. Uncover the root causes of your specific issues 4. Ensure your technical infrastructure meets required standards 5. Build relationships with ISPs to help resolve delivery issues There are six primary filtering methods used by ISPs and corporate system administrators as they deal with the deluge of SPAM hitting their servers. 1. Blacklists: Several organisations such as SpamCop keep lists of IP addresses linked to
suspected or known spammers, and make them public for ISPs and others to use in screening out SPAM. ISPs and some corporate system administrators also keep their own list. These are typically based on complaints received from subscribers, but they can also be based on other criteria like unknown user rates and server configuration 2. Fingerprinting/SPAM traps: These systems work by filtering known SPAM messages
after matching them against creative that has either generated previous complaints, or was delivered to SPAM trap addresses. The “From” address can also influence this. 3. Machine Learning-based Content Filters: These filters block based on words and
phrases. Machine learning filters can be based on the content in the email body or header. SPAMAssassin is an example of one of these filters. 4. Server Configuration: Certain server configurations open you up to instant blocking.
These include not having a reverse DNS, or having open relays or open proxies. Make sure your IT dept know all the ins and outs to setting up your email server, including the rules around authentication. 5. Volume Cap: Some ISPs may shut down sending connections when resource demand
gets too high. Be mindful of your number of connections or messages per connection so they don’t exceed their thresholds. Emails that exceed the allowed maximum rate trigger volume filters at most of the large & prominent ISP’s. This problem is also because of the type of email you have sent and the number of emails you have sent to that server. An option is to try and send text emails to new lists as an initial introduction and follow that with an HTML newsletter. 6. Challenge Response: Some systems require a reply to a challenge message, which
basically proves you are a real person. Having your email or domain in the recipient’s “allowed sender” list prevents this challenge requirement.
The number of people who complain to ISPs and SPAM watch groups about your email can be detrimental to your email campaigns. The first line of defense is to make your email so relevant that it is at the opposite end of the SPAM spectrum. According to a recent DoubleClick study, 72% of people think that hitting the “this is SPAM” button in their email client is the best way to unsubscribe from a list. This means that every time your customers decide they don’t want your email, you are susceptible to complaints at the ISP level – and the ISPs make this easy with very prominent “report SPAM” buttons. You can minimize complaints by following best practices. Make sure you keep track of your complaints and correct issues causing them. Companies following standard opt-in and privacy guidelines can continue to experience optimal delivery rates. Some resources available to help you keep track of complaints to ISPs are:
AOL Feedback Loop
http://postmaster.info.aol.com/fbl/index.html United Online Feedback Loop
http://www.unitedonline.net/postmaster/whitelisted.html http://www.SPAMcop.net/fom-serve/cache/94.html Abuse.net
4Make choices granular Knowing the root causes of delivery issues should help you prevent them. However, you still need to monitor your email deliverability rates religiously because the rules around delivery change daily. Many companies make the mistake of investing too little staff or budget resources for deliverability – yet it controls the performance of email campaigns.
To reach full delivery, you should:
Monitor: The best way to determine whether you have an issue is to use a seed-list based
monitoring service that tracks your true delivery rates across all the major ISPs. You should not
just use your bounce codes to determine problems – some mail goes missing, or it might be delivered to the bulk folder, and you’d never know without a service in place to tell you.
Analyse: When your results show less than 100% delivery, it is time to work out why. Your
internal or external delivery team needs to look at every aspect of the email in question, and
email campaigns as a whole. Is the program configured correctly? Did the content trigger blocking? Were there list issues contributing to blocking?
Resolve: Build relationships with ISPs so that when problems occur, you have someone to call
to help fix them. While there is no magic number to dial, ISP representatives can provide vital clues to the issue at hand, and requirements to fix the issues. You should have a dedicated resource for ISP relations.
Optimise: Use the data from all sources to correct the problems that are leading to your email
deliverability problem. Simply by tweaking a list, creative, or server configuration, your email
delivery performance can improve – and you will see a direct correlation to response. Again, the deliverability landscape is complex, with hundreds of triggers. If you stay engaged with your delivery, you can continually improve your delivery rates and program performance. “Bounce rates in 2007 were 12-25% higher on new email lists than house files”
A verified new email list doesn’t necessarily mean you can reach all those addresses immediately. Newly imported lists have lower deliverability than existing in-house lists due to the nature of how email servers are programmed to deal with new email from mail servers. When an email campaign is sent to a new list in bulk you tend to see 12% to 25% increase in bounce rates because of the various email blocks and message rules on the email servers, which haven’t yet white-listed you. We recommend sending emails in smaller volumes to new lists (no more than 1000 emails at a time) to get the best delivery rates. Also, try keeping the emails to less than 5 contacts per company so that your email
ISPs block domains in part based on the number of “unknown user” errors generated when sending large broadcasts of emails. Keeping your email list clean and current will help lower the percentage of bad addresses on your list resulting in “unknown user” codes at ISPs. You should remove all bad addresses from your database promptly and: • Run your file through a list hygiene service. • Require double entry of addresses for accuracy. • Check addresses for RFC compliance & ISP standards. • Send a welcome message and pull bounces off immediately.
Make sure your content is free of SPAM filter triggers before you send a campaign. Test creative before sending campaigns. You can’t assume that avoiding words like “free” will ensure your delivery. Sometimes the most innocuous words – and uncommon ones – can trip up your best efforts. The only way to ensure that your content doesn’t trigger a block is to test it in a “SPAM lab” such as SPAM Filter Monitor, and correct all issues that are preventing delivery before you hit the send button. Investigations show that emails with near-identical subject lines to several employees are detected and ‘junked’ or bounced as undeliverable. The logic used by SPAM filtering software is to identify words, phrases, and patterns that are likely to trigger filters. Content filters focus on promotional, phrases such as "work from home", "guaranteed income", or even phrases such as "click here" and "unsubscribe." They also assign points to text formatting that is indicative of SPAM, such as the use of ALL CAPITAL LETTERS, excessive use of bright colors, images or very large fonts. Content to avoid
Here is a list of 250 words and phrases from top SPAM filter lists. It is not complete. We have left out porn trigger words. Most SPAM filters work on a point system, so that the occurrence of just one "SPAM phrase" might not trigger rejection - except some which the filter considers notorious. SPAMAssassin 2.43, for example, assigns default points for Claims to be in accordance with some SPAM law 2.11 Even if you don't use these notorious phrases, other SPAM words can add up. Here are some to be aware of in your email communications. Message contains disclaimer Shopping spree Free DVD
Free grant money
UNSUBSCRIBE Terminology to Use
“Click here to Unsubscribe” is a commonly SPAM blocked set of words and should “Use this link to remove your email from the database and to stop receiving future emails from us” or Please reply to this email with subject “Change Email Preference” to stop receiving
SPAM is universally recognized as an industry wide crisis on the Internet and experts representing all areas of knowledge are working together to come up with a solution. We practice only permission-based, opt-in email marketing and enforce it with our clients and partners. Since current SPAM filtering software blocks many legitimate emails as well, we've taken several steps to ensure our clients achieve the highest possible delivery rates. Whitelists
Key ISP’s offer white list relationships, to ensure emails sent via a recognised system
reach the intended audience. Get listed on the "white list" for major ISP's, such as AOL, Juno, Yahoo, Compuserve, NetZero, and others. A white list status allows mail sent to be appropriately delivered to customers without the potential for filtering.
What we do.
Our team consists of professionals who are educated in best practice email marketing and understand how to avoid filtering, the foremost of which is writing good copy. The overall cost of SPAM is now estimated at over $10 billion annually, and we are fully aware that it is now more important than ever to prevent valid emails from being falsely labeled as Apart from the best practice email marketing rules above, make sure you: Avoid ALL CAPITAL LETTERS Avoid excessive punctuation Avoid excessive use of "click here," $, £, and other symbols Avoid words like Free, Guarantee, SPAM, Credit Card & various parts Use simple, easy to follow unsubscribe instructions Email deliverability needs full focus. Make sure that you are tracking delivery, testing for SPAM filters and ISP blocking before a large broadcast and are reacting to all changes that need to be made, in particular, data cleansing of bouncebacks. It might be complicated, but it is a necessity for successful email campaigns in today’s email climate. Glossary
• Email Blocking - Email blocking occurs when the receiving email server (e.g.
Yahoo!, AOL, Hotmail etc.) prevents an inbound email from reaching the inbox of the intended recipient. Most of the time the sender of the email receives a "bounce" message notifying the sender that their email has been blocked. • Filters - Filtering" is a technique used to block email based on the content in the
"from:" line, "subject:" line, or body copy of an email. Filtering software searches for key words and other indicators that identify the email as potential SPAM. This type of blocking occurs on a per email basis. • False Positive - A false positive occurs when a legitimate permission-based email
is incorrectly filtered or blocked as SPAM. • Blacklist - It is common for an ISP to a use a blacklist to determine which emails
should be blocked. Blacklists contain lists of domains or IP addresses of known and suspected spammers. Unfortunately, these blacklists also contain many legitimate email service providers. Just a few complaints can land an email service provider or IP address on a blacklist despite the fact that the ratio of complaints to volume of email sent is extremely low. • Whitelist - A whitelist is the opposite of a blacklist. Instead of listing IP addresses
to block, a whitelist includes IP addresses that have been approved to deliver email despite blocking measures. It is common practice for ISPs to maintain both a blacklist and a whitelist. When email service providers say they are "whitelisted" it means that their IP addresses are on a specific ISP's whitelist and are confident that emails sent using their service will be delivered.
Non-fermenting Gram Negative Bacilli Associated withAcute Respiratory Infections in Children in Madrasby C. N. Paramasivan, K. Sivadasan, Manjula Datta, R. S. Vallishayee and R. Prabhakar Tuberculosis Research Centre, Indian Council of Medical Research, Madras 600031, India Non-fermenting Gram negative bacilli (NFGNB) were isolated as the most predominant organism from children suffering from