What are the issues with ESPs adding addresses to accounts and marketing campaigns without consent?

Summary

Adding email addresses to accounts and marketing campaigns without consent is a detrimental practice that leads to numerous issues, impacting deliverability, sender reputation, and legal compliance. This practice violates regulations like GDPR and CAN-SPAM, damages email list quality, and increases the risk of spam complaints and blacklisting. The consensus is that explicit consent is crucial for ethical and effective email marketing.

Key findings

  • Regulatory Violations: Adding addresses without consent violates GDPR and CAN-SPAM, potentially leading to significant penalties.
  • Damaged Sender Reputation: Low engagement and high spam complaints stemming from unconsented addresses degrade sender reputation and increase the risk of blacklisting.
  • Deliverability Issues: Unconsented emails often result in low engagement, high bounce rates, and poor deliverability, impacting overall campaign effectiveness.
  • Security Vulnerabilities: Adding addresses without confirmation introduces security vulnerabilities and the potential for abuse or unintended consequences.
  • Spam Traps: Unconsented email practices increase the risk of hitting spam traps, which severely damages sender reputation.
  • List Bombing: Adding addresses without consent can lead to list bombing, overwhelming inboxes and generating numerous complaints.
  • Poor List Quality: Unconsented contacts result in poor email list quality, leading to low ROI and ineffective marketing campaigns.
  • Unsolicited Emails Marked as Spam: Sending emails to recipients who have not opted-in increases the likelihood of them marking the emails as spam, which negatively affects deliverability.
  • Purchased Lists are Detrimental: Using purchased, rented, scraped, appended, or co-registration lists is detrimental and can cause severe deliverability problems.

Key considerations

  • Obtain Explicit Consent: Always obtain explicit and provable consent from individuals before adding them to email lists to ensure compliance with regulations and ethical practices.
  • Practice Permission-Based Marketing: Implement permission-based marketing strategies to build trust and foster long-term customer relationships.
  • Maintain List Hygiene: Regularly clean email lists to remove inactive subscribers and addresses that generate bounces or spam complaints.
  • Comply with Regulations: Adhere to the CAN-SPAM Act and GDPR, providing clear opt-out mechanisms and respecting user data privacy rights.
  • Secure Address Confirmation: Implement secure address confirmation processes to prevent abuse and ensure that recipients genuinely want to receive emails.
  • Monitor Sender Reputation: Regularly monitor sender reputation using tools and feedback loops to identify and address potential issues proactively.
  • Avoid Purchased Lists: Never use purchased, rented, scraped, appended, or co-registration lists.
  • Permission Reminder: Remind subscribers how and when they signed up for your list to increase engagement and reduce complaints.

What email marketers say
11Marketer opinions

Adding email addresses to accounts and marketing campaigns without explicit consent poses significant risks and violates established best practices, regulations, and ethical guidelines. This practice leads to deliverability issues, damages sender reputation, and can result in legal penalties. Permission-based marketing is crucial for maintaining a healthy email ecosystem and avoiding negative consequences.

Key opinions

  • Deliverability Issues: Sending emails to unconsented addresses results in low engagement, high bounce rates, and increased spam complaints, directly harming email deliverability.
  • Damaged Sender Reputation: ISPs monitor engagement metrics and spam complaints. Adding unconsented contacts degrades sender reputation, potentially leading to blacklisting.
  • Legal and Regulatory Violations: Adding email addresses without consent violates the CAN-SPAM Act and GDPR, potentially resulting in substantial fines and legal repercussions.
  • Spam Traps: Unconsented email practices increase the risk of hitting spam traps, further damaging sender reputation.
  • Poor List Quality: Adding unconsented contacts degrades email list quality, leading to low ROI and ineffective marketing campaigns.
  • GDPR Compliance: Demonstrable consent is required to comply with GDPR. Adding contacts without it is a breach.
  • Sender Score: Sender scores are impacted by low engagement stemming from adding unconsented contacts.
  • Violation of CAN-SPAM: Sending without permission violates the CAN-SPAM Act.

Key considerations

  • Obtain Explicit Consent: Always obtain explicit consent from individuals before adding them to marketing lists. Implement double opt-in processes to ensure verifiable consent.
  • Practice Segmentation: Segment email lists based on user interests and behaviors to send targeted and relevant content, improving engagement.
  • Maintain List Hygiene: Regularly clean email lists by removing inactive subscribers and addresses that generate bounces or spam complaints.
  • Comply with Regulations: Adhere to the CAN-SPAM Act and GDPR by providing clear opt-out mechanisms and respecting user data privacy rights.
  • Monitor Sender Reputation: Regularly monitor sender reputation using tools like Google Postmaster Tools and Sender Score to identify and address potential issues proactively.
  • Permission Reminder: Remind subscribers how and when they signed up for your list to increase engagement and reduce complaints.
Marketer view

Email marketer from Litmus responds poor email list quality, caused by adding unconsented contacts, leads to low ROI and deliverability problems. Clean and engaged lists are crucial for successful email marketing campaigns.

August 2022 - Litmus
Marketer view

Email marketer from HubSpot shares that GDPR compliance requires demonstrable consent. Adding contacts without consent opens you up to large GDPR penalties and fines.

August 2024 - HubSpot
Marketer view

Email marketer from EmailOctopus explains the importance of permission-based marketing. Adding contacts without consent can harm sender reputation, leading to deliverability issues and potential blacklisting. It also violates privacy regulations like GDPR.

November 2021 - EmailOctopus
Marketer view

Marketer from Email Geeks notes that many ESPs automatically add users to every marketing campaign when a client invites or creates an account for them, which is considered worst practice.

November 2022 - Email Geeks
Marketer view

Email marketer from ReturnPath discusses how spam traps are used by ISPs to identify senders who are not following best practices. Adding emails without consent increases the risk of hitting spam traps, severely damaging sender reputation.

January 2022 - ReturnPath
Marketer view

Email marketer from SparkPost says that adding emails without consent damages sender reputation. ISPs monitor engagement and spam complaints, and low engagement from unconsented lists can lead to emails being marked as spam.

November 2021 - SparkPost
Marketer view

Email marketer from Mailjet shares buying email lists (or adding without consent) leads to low engagement, high bounce rates, and spam complaints. This damages sender reputation and hurts deliverability. ESPs have strict policies against this.

January 2022 - Mailjet
Marketer view

Email marketer from Constant Contact shares if you don't have permission, you could be violating CAN-SPAM. Always get a confirmation from someone to show that they want to get email from you.

August 2023 - Constant Contact
Marketer view

Email marketer from ActiveCampaign shares that obtaining explicit consent, practicing segmentation, and list cleaning are the best practices that impact email deliverability. Adding emails without consent violates these principles.

April 2023 - ActiveCampaign
Marketer view

Email marketer from Sendinblue explains low engagement impacts sender score, where low engagement damages sender score due to adding unconsented contacts.

April 2024 - Sendinblue
Marketer view

Email marketer from Reddit responds that if you did not sign up for a product and are receiving promotional or marketing emails, it is considered spam. This is a clear violation of the CAN-SPAM Act.

July 2024 - Reddit

What the experts say
4Expert opinions

Adding email addresses to accounts and marketing campaigns without consent can lead to various problems, including the risk of being marked as spam, deliverability issues, and potential security vulnerabilities. Practices such as list bombing and using purchased or scraped lists are not advisable and can damage deliverability.

Key opinions

  • Unsolicited Emails Marked as Spam: Sending emails to recipients who have not opted in increases the likelihood of them marking the emails as spam, which negatively affects deliverability.
  • Potential Security Vulnerabilities: Adding addresses without confirmation creates security risks and opens the door to potential abuse or unintended consequences.
  • List Bombing: Adding addresses without consent can result in list bombing, leading to high bounce rates and spam complaints.
  • Purchased Lists Cause Deliverability Issues: Using purchased, rented, scraped, appended, or co-registration lists is detrimental and can cause severe deliverability problems.

Key considerations

  • Obtain Consent: Always obtain explicit consent from recipients before adding them to marketing campaigns or accounts.
  • Avoid Purchased Lists: Refrain from using purchased, rented, scraped, appended, or co-registration lists, as they can severely damage deliverability.
  • Secure Address Confirmation: Implement secure address confirmation processes to prevent abuse and ensure that recipients genuinely want to receive emails.
  • Monitor Bounce and Complaint Rates: Continuously monitor bounce rates and spam complaints to identify and address any issues related to unauthorized address additions promptly.
Expert view

Expert from Word to the Wise responds purchased, rented, scraped, appended, and co-reg lists are not okay, and are likely to cause deliverability issues.

January 2025 - Word to the Wise
Expert view

Expert from Word to the Wise shares one of the main issues with ESPs adding addresses without consent is list bombing. Where if someone enters lots of peoples details to get them on a list, the first you know is lots of bounces and spam complaints.

November 2021 - Word to the Wise
Expert view

Expert from Email Geeks shares an experience where an ESP added her address to an account and a drip campaign without her consent, noting the CEO's rude response when she inquired about it. She pointed out the potential security vulnerability of adding addresses without confirmation.

March 2024 - Email Geeks
Expert view

Expert from Spam Resource explains that sending email to people who did not ask for it is a bad idea. When you send mail people did not ask for they tend to mark it as spam, which affects your deliverability.

April 2024 - Spam Resource

What the documentation says
4Technical articles

Adding email addresses to accounts and marketing campaigns without consent is a violation of key regulations such as GDPR and the CAN-SPAM Act. These regulations emphasize the need for explicit permission and ethical data collection practices. ESPs and marketers must prioritize obtaining clear, provable consent to avoid legal issues and maintain trust.

Key findings

  • GDPR Violation: Adding individuals to marketing lists without affirmative consent violates GDPR, which requires explicit consent for processing personal data.
  • CAN-SPAM Violation: Sending emails without prior consent and without an easily accessible opt-out mechanism violates the CAN-SPAM Act.
  • Ethical Concerns: Ethical data collection and email marketing practices emphasize the importance of obtaining explicit consent from individuals before adding them to marketing lists.
  • Account Suspension: Importing contacts into ESPs like Mailchimp without consent can lead to account suspension and other legal issues.

Key considerations

  • Obtain Explicit Consent: Always obtain explicit and provable consent from individuals before adding them to email lists, adhering to GDPR and CAN-SPAM guidelines.
  • Provide Opt-Out Mechanisms: Ensure all marketing emails include a clear and conspicuous way for recipients to opt-out of future communications, as mandated by the CAN-SPAM Act.
  • Document Consent: Keep records of when and how consent was obtained to demonstrate compliance with data privacy regulations.
  • Prioritize Ethical Practices: Adopt ethical data collection practices that prioritize user trust and comply with regulations to foster long-term customer relationships.
Technical article

Documentation from DMA emphasises the importance of ethical data collection and email marketing practices. It recommends obtaining explicit consent from individuals before adding them to marketing lists to maintain trust and comply with regulations.

November 2022 - DMA.org.uk
Technical article

Documentation from GDPR.eu explains that the GDPR requires explicit consent for processing personal data, including email addresses. Adding someone to a marketing list without their affirmative consent is a violation of GDPR.

May 2023 - GDPR.eu
Technical article

Documentation from Mailchimp emphasises that permission is required to send marketing emails. Importing contacts without consent can lead to account suspension and legal issues. Clear, provable consent is essential.

February 2025 - Mailchimp
Technical article

Documentation from FTC explains that the CAN-SPAM Act requires a clear and conspicuous way for recipients to opt-out of receiving future emails. Sending emails without prior consent and without an opt-out mechanism violates the CAN-SPAM Act.

June 2022 - FTC