Summary
The FEC ruling on Gmail's political email pilot program has multifaceted implications for email marketers. The FEC concluded that the program does not violate campaign finance laws, primarily focusing on the in-kind contribution aspect. Despite this, concerns linger about the program's potential effects on email deliverability, fairness, and sender reputation. The program permits political emails to bypass some spam filters, which could increase email volume in inboxes and potentially lead to more aggressive tactics from campaigns. While some suggest a possible temporary deliverability boost for political campaigns, it is generally agreed that relying solely on this program is risky. If user engagement is poor or the program is discontinued, sender reputation could be negatively impacted. Overall, the consensus is that email marketers must prioritize best practices, such as obtaining explicit consent, segmenting audiences, authenticating emails, and consistently monitoring sender reputation, to maintain optimal deliverability regardless of the pilot program. Also, the onus is now more on users to mark emails as spam, requiring marketers to be even more diligent with their sending practices.
Key findings
- FEC Ruling Limited Scope: The FEC ruling primarily addresses campaign finance law compliance, not broader deliverability concerns.
- Potential Deliverability Boost (Temporary): The program may temporarily improve deliverability for participating political campaigns.
- Increased Email Volume: The bypass of spam filters could result in a higher volume of political emails in user inboxes.
- Sender Reputation at Risk: Poor user engagement or program discontinuation could negatively affect sender reputation.
- User Control Maintained: Gmail users retain tools to manage unwanted emails despite the pilot program.
Key considerations
- Prioritize Best Practices: Continue following established email marketing best practices (consent, segmentation, authentication).
- Focus on Relevance: Ensure emails are highly relevant and engaging to avoid being marked as spam.
- Monitor Sender Reputation: Closely monitor sender reputation and adapt sending practices as needed.
- Adapt to Changes: Stay informed about program changes and adjust email strategies accordingly.
- Emphasize Consent: Reinforce consent mechanisms to ensure recipients actively want to receive political emails.
What email marketers say
14 marketer opinions
The FEC ruling on Gmail's political email pilot program has several implications for email marketers. The FEC determined the program doesn't violate campaign finance laws, but marketers are still concerned about the program's effect on deliverability. The program allows political emails to bypass some spam filters, potentially increasing inbox volume and raising fairness concerns. While it might offer a temporary deliverability boost for political campaigns, relying on it carries risks, as poor engagement or program discontinuation could negatively affect sender reputation. Email marketers should prioritize best practices like consent, segmentation, and relevant content to maintain good deliverability regardless of the program's status. Furthermore, building trust with recipients and adhering to deliverability guidelines remains crucial for long-term success.
Key opinions
- FEC Ruling: The FEC ruling states that the Gmail pilot program does not violate campaign finance laws as it does not represent an in-kind contribution.
- Deliverability Impact: The program could lead to an initial increase in the volume of political emails reaching inboxes.
- Fairness Concerns: The program raises concerns about fairness, as campaigns with more resources might exploit the pilot program better than others.
- Sender Reputation: Relying on the exemption carries risks; poor engagement or program changes could negatively affect sender reputation.
- User Engagement: Increased focus on users marking messages as spam, which could be affected by content relevance.
Key considerations
- Prioritize Best Practices: Marketers should continue to prioritize best practices such as obtaining consent, segmenting audiences, and sending relevant content.
- Building Trust: Building trust with recipients and sending valuable content remains essential for long-term success.
- Monitor Engagement: Closely monitor email engagement metrics (open rates, click-through rates, spam complaints) to gauge the effectiveness of political email campaigns and ensure they meet recipient expectations.
- Adaptability: Stay adaptable and adjust email marketing strategies as the Gmail pilot program evolves or if the program's policies are altered or discontinued.
- Authentication: Strong sender authentication is still key for deliverability.
Marketer view
Email marketer from Mailjet explains that the program allows political campaigns to bypass certain spam filters in Gmail, it could initially increase the volume of political emails reaching inboxes. However, marketers should still prioritize sending relevant and engaging content to avoid being marked as spam by recipients. A high spam rate can still negatively impact overall deliverability, even with the pilot program.
28 Mar 2023 - Mailjet
Marketer view
Email marketer from Email Geeks believes that the FEC was only reviewing the legal issue around in-kind donations.
14 Jan 2022 - Email Geeks
What the experts say
1 expert opinions
The FEC ruling shifts more responsibility onto users to mark unwanted political emails as spam. Therefore, email marketers must prioritize obtaining and maintaining user consent to ensure recipients genuinely want to receive their messages. Campaigns should be meticulous in their sending practices to avoid being flagged as spam.
Key opinions
- User Responsibility: The FEC ruling increases the user's role in marking unwanted emails as spam.
- Importance of Consent: Email marketers must focus on obtaining and maintaining explicit user consent.
- Careful Sending: Campaigns need to be very careful with their sending practices to avoid being marked as spam.
Key considerations
- Prioritize Consent: Implement robust consent mechanisms to ensure recipients actively opt-in to receiving political emails.
- Maintain Relevance: Ensure that email content is highly relevant and engaging to minimize the likelihood of users marking emails as spam.
- Monitor Feedback: Pay close attention to user feedback, including unsubscribe requests and spam complaints, and adjust sending practices accordingly.
Expert view
Expert from Word to the Wise responds that email marketers need to stay on top of consent and make sure that people who are getting these messages actually want them. Additionally, the ruling places more responsibility on the user to mark messages as spam which means campaigns should be very careful with their sending practices.
7 Dec 2023 - Word to the Wise
What the documentation says
3 technical articles
The FEC ruling determined that Google's pilot program for political emails does not violate campaign finance laws. Despite this, Gmail users retain control over their inbox through tools like unsubscribing, spam marking, and filtering. Regardless of the pilot program, email marketers should adhere to established best practices, including obtaining explicit consent, authenticating emails, monitoring sender reputation, and segmenting audiences to maintain deliverability.
Key findings
- FEC Conclusion: The FEC concluded the pilot program does not violate campaign finance laws.
- User Control: Gmail users retain tools to manage their inbox and unwanted emails.
- Best Practices Remain: Established email deliverability best practices remain essential.
Key considerations
- Maintain Consent: Obtain explicit consent from recipients.
- Authenticate Emails: Properly authenticate emails to ensure deliverability.
- Monitor Reputation: Monitor sender reputation and address any issues promptly.
- Segment Audience: Segment the audience to ensure relevance and engagement.
Technical article
Documentation from M3AAWG explains that marketers should continue to follow established best practices for email deliverability, such as obtaining explicit consent, authenticating their emails, monitoring their sender reputation, and segmenting their audience to ensure relevance and engagement. These practices are essential for maintaining good deliverability rates, regardless of the Gmail pilot program.
29 Sep 2022 - M3AAWG
Technical article
Documentation from Federal Election Commission explains that the FEC concluded that Google's proposed pilot program, which would allow certain political emails to bypass spam filters, would not violate federal campaign finance laws because it would not constitute a prohibited in-kind contribution.
19 Sep 2023 - Federal Election Commission (FEC)
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