What are the consequences of sending emails without consent according to ESP policies and Spamhaus listings?

Summary

Sending emails without consent carries numerous severe consequences. ESPs, including Salesforce Marketing Cloud, have strict consent-based policies; circumventing these can lead to Spamhaus blacklisting, which is difficult to reverse and may require adhering to Spamhaus's remediation procedures. Verification services are unlikely to remove Spamhaus listings. Ignoring consent violates GDPR and CAN-SPAM, resulting in legal action and financial penalties. It also damages sender reputation, leading to reduced engagement, increased spam complaints, and ultimately, poor deliverability. Unsolicited emails harm brand perception, making recipients distrustful. Industry documentation, including that from Spamhaus, RFC Editor, Google Postmaster Tools, M3AAWG, and Microsoft, stresses the importance of obtaining explicit consent, maintaining clean lists, and following best practices to avoid blocklisting and ensure deliverability.

Key findings

  • Consent Policies: ESPs have strict consent-based policies; non-compliance leads to penalties.
  • Spamhaus Blacklisting: Sending unsolicited emails can result in Spamhaus blacklisting, requiring adherence to their remediation.
  • Legal Consequences: Violating GDPR and CAN-SPAM regulations results in legal penalties and fines.
  • Reputation Damage: Ignoring consent damages sender reputation, resulting in deliverability issues.
  • Reduced Engagement: Emails without consent lead to reduced engagement (opens, clicks) and increased spam complaints.
  • Brand Perception: Sending unsolicited emails harms brand perception and trust.
  • Importance of Consent (Industry): Key industry documentation emphasizes the importance of obtaining explicit consent for email marketing.

Key considerations

  • Obtain Explicit Consent: Always obtain clear and explicit consent from subscribers, ideally through double opt-in.
  • List Hygiene: Maintain a clean and up-to-date email list to reduce spam complaints and improve engagement.
  • Comply with Regulations: Adhere to GDPR, CAN-SPAM, and other relevant regulations to avoid legal penalties.
  • Monitor Reputation: Regularly monitor your sender reputation to identify and address issues promptly.
  • Meet Spamhaus Requirements: If blacklisted by Spamhaus, comply with their remediation requirements to regain deliverability.
  • Provide Clear Opt-Out: Offer easy-to-find and functional unsubscribe options in all emails.

What email marketers say
12Marketer opinions

Sending emails without consent has significant consequences, including damage to sender reputation and deliverability, potential blacklisting by Spamhaus, violations of GDPR and CAN-SPAM regulations leading to fines, and harm to brand perception. ESPs have strict policies against non-consented mailings, and ISPs consider them spam. Consistently ignoring consent can permanently damage a domain's reputation, leading to lower engagement metrics, higher spam complaints, and filtering of emails into spam folders.

Key opinions

  • Reputation Damage: Sending emails without consent severely damages your sender reputation, leading to deliverability issues.
  • Blacklisting: Spamhaus and other blacklists may list your IP or domain, blocking your emails from reaching recipients.
  • Legal Penalties: Violating GDPR and CAN-SPAM regulations can result in substantial fines.
  • Brand Harm: Unsolicited emails can damage brand perception, leading to decreased engagement and loyalty.
  • ESP Policies: ESPs have strict policies against non-consented mailings, resulting in penalties for non-compliance.
  • Deliverability Issues: High spam complaint rates and low engagement negatively affect deliverability, causing emails to land in spam folders.

Key considerations

  • Obtain Consent: Ensure you have explicit consent from subscribers before sending emails, ideally through double opt-in.
  • List Hygiene: Regularly clean your email list to remove unengaged subscribers and reduce bounce rates.
  • Compliance: Adhere to all relevant email marketing regulations, such as GDPR and CAN-SPAM.
  • Monitor Reputation: Monitor your sender reputation and deliverability metrics to identify and address any issues promptly.
  • Build Trust: Focus on providing valuable content and building trust with subscribers to encourage engagement.
  • Verification Tools: Use email verification tools to check validity of emails.
Marketer view

Email marketer from Litmus explains that ignoring consent will lead to lower engagement metrics (opens, clicks) and higher spam complaints, which directly affect deliverability rates. They recommend regularly cleaning your email list and focusing on engaged subscribers.

August 2022 - Litmus
Marketer view

Email marketer from Reddit responds that if you ignore consent, expect your emails to land straight in the spam folder. High spam complaint rates will signal to ESPs that your email practices are unethical, resulting in penalties and deliverability issues.

July 2023 - Reddit
Marketer view

Email marketer from Mailjet warns that consistently sending emails without consent will quickly damage your sender reputation. ISPs and mailbox providers will start filtering your emails to spam, making it difficult to reach legitimate subscribers.

December 2021 - Mailjet
Marketer view

Email marketer from StackExchange explains that consistently sending emails without consent can permanently damage your domain's reputation. Blacklists like Spamhaus will mark your domain as a spam source, making it difficult for your emails to reach any inbox, even if you later correct your practices.

March 2022 - StackExchange
Marketer view

Email marketer from Campaign Monitor shares that sending emails without consent is both illegal and unethical. They emphasize the importance of building trust with subscribers by respecting their privacy and providing valuable content.

April 2022 - Campaign Monitor
Marketer view

Email marketer from EmailonAcid explains that sending unsolicited emails can severely harm your brand's reputation and customer relationships. Recipients may view your brand as intrusive and untrustworthy, leading to decreased engagement and loyalty.

September 2022 - EmailonAcid
Marketer view

Email marketer from HubSpot Blog shares that sending emails without proper consent violates GDPR and other privacy laws, resulting in hefty fines. They also highlight the importance of double opt-in to ensure explicit consent and protect your business.

November 2023 - HubSpot Blog
Marketer view

Email marketer from MailerLite Blog explains that sending emails without consent can severely damage your sender reputation and deliverability. ESPs have strict policies against it, and consistently mailing unengaged recipients can lead to increased bounce rates, spam complaints, and ultimately, being blacklisted.

June 2023 - MailerLite Blog
Marketer view

Email marketer from Quora answers that violating email marketing regulations like GDPR and CAN-SPAM can lead to significant financial penalties. These fines can severely impact your business and damage your brand's credibility.

October 2021 - Quora
Marketer view

Email marketer from Email Geeks responds that NO reputable ESP allows non-consented mailings, and *all* inbox providers and ISPs consider non-consented mailings to be spam.

December 2022 - Email Geeks
Marketer view

Email marketer from Sendinblue Blog explains that being listed on Spamhaus, due to sending emails without consent, can block your emails from reaching recipients across various ISPs. Removing yourself from the list requires demonstrating improved email practices and may take time.

April 2021 - Sendinblue Blog
Marketer view

Email marketer from Email Geeks explains that the Salesforce Marketing Cloud policy is consent-based and applies to both 1:1 and 1:many communications. They caution against moving non-consent messages to another platform because Spamhaus is likely watching and will list new IPs. They also mention that verification services are unlikely to help with trap removal, and Spamhaus won't remove listings until the consent issue is resolved. The user's only option is to move it in house but that will get your corporate mail servers listed.

February 2023 - Email Geeks

What the experts say
3Expert opinions

Sending emails without consent carries significant risks. Once a sender is blacklisted by Spamhaus, they must comply with Spamhaus's requirements for removal. ESPs have strict policies regarding consent to protect their reputations; failure to adhere results in poor engagement, spam complaints, and damaged deliverability. Furthermore, non-compliance with CAN-SPAM and other laws can lead to legal repercussions and fines.

Key opinions

  • Spamhaus Compliance: Once blacklisted by Spamhaus, you are bound by their remediation requirements.
  • ESP Reputation Protection: ESPs enforce strict consent policies to protect their sender reputation and maintain deliverability.
  • Legal Repercussions: Non-compliance with regulations such as CAN-SPAM can result in legal fines and damage to sender reputation.

Key considerations

  • Adhere to Spamhaus: If blacklisted, fully cooperate with Spamhaus's requirements for removal.
  • Obtain Consent: Always obtain explicit consent to comply with ESP policies.
  • Comply with Laws: Adhere to legal email marketing regulations to avoid legal and deliverability consequences.
Expert view

Expert from Email Geeks explains that Kickbox does not want whatever the user is doing and if they’ve already stepped in the Spamhaus bear trap, they’ve gotta make them happy — they’re past the point of doing things on their own terms.

July 2023 - Email Geeks
Expert view

Expert from Spamresource.com explains that ESPs have strict policies to protect their reputation. Sending emails without consent leads to poor engagement, spam complaints, and ultimately, damage to the sender's reputation, resulting in deliverability issues.

July 2024 - Spamresource.com
Expert view

Expert from Word to the Wise answers that failing to adhere to CAN-SPAM and other laws leads to legal repercussions, fines, and damage to sender reputation. Additionally, it harms deliverability, causing email to land in the spam folder.

November 2024 - Word to the Wise

What the documentation says
5Technical articles

Sending unsolicited bulk email (UBE) without consent leads to serious consequences. Spamhaus identifies and blocks senders who don't adhere to consent and list hygiene best practices. The RFC Editor defines UBE, emphasizing the risk of blacklisting and legal action. Google Postmaster Tools highlights the negative impact on sender reputation and deliverability. M3AAWG advises obtaining verifiable consent through double opt-in and clear unsubscribe options. Microsoft stresses following email marketing best practices, including consent and honoring unsubscribe requests, with non-compliance leading to blocked services.

Key findings

  • Spamhaus Blocklisting: Sending unsolicited bulk email is a primary reason for being listed on Spamhaus blocklists.
  • Legal Repercussions: Sending UBE can lead to legal action.
  • Reputation Damage (Google): Sending unwanted emails to Google users negatively impacts sender reputation and deliverability.
  • Importance of Consent (M3AAWG): Obtaining verifiable consent is crucial for compliance and a healthy sender reputation.
  • Microsoft Blocking: Failure to follow email marketing best practices can lead to being blocked by Microsoft's email services.

Key considerations

  • Consent Practices: Always obtain explicit and verifiable consent from subscribers.
  • List Hygiene: Maintain a clean and up-to-date email list.
  • Unsubscribe Options: Provide clear and easily accessible unsubscribe options.
  • Follow Best Practices: Adhere to email marketing best practices outlined by organizations like M3AAWG and Microsoft.
  • Monitor Blocklists: Regularly check your domain and IP address against common blocklists.
Technical article

Documentation from Microsoft outlines the importance of following email marketing best practices, including obtaining consent and respecting unsubscribe requests. Failure to comply can lead to deliverability issues and being blocked by Microsoft's email services.

December 2023 - Microsoft
Technical article

Documentation from Spamhaus explains that sending unsolicited bulk email (spam) is a primary reason for being listed on their blocklists. They actively monitor email traffic and identify senders who do not adhere to best practices regarding consent and list hygiene.

April 2024 - Spamhaus
Technical article

Documentation from M3AAWG highlights the importance of obtaining verifiable consent from subscribers. They advise implementing double opt-in processes and providing clear unsubscribe options to ensure compliance and maintain a healthy sender reputation.

October 2021 - M3AAWG
Technical article

Documentation from Google Postmaster Tools indicates that sending unwanted emails to Google users can negatively impact your sender reputation, leading to deliverability issues. They emphasize the importance of maintaining a clean email list and obtaining explicit consent from subscribers.

August 2024 - Google Postmaster Tools
Technical article

Documentation from RFC Editor defines unsolicited bulk email (UBE) as email sent to recipients who have not requested or consented to receive it. It emphasizes that sending UBE can lead to serious consequences, including being blacklisted and facing legal action.

July 2021 - RFC-Ignorant