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Level the Playing Field


Damaged?
Consider Possible Class Action Suit

Contents at a Glance
Letter from Ken Evoy, SiteSell.com
Who's "Using Spam" To Tilt the Field?
"Deliver My Mail" (Download Package Here)
Level 0: Ignorance or Super-Savvy?
Level 1: What To Do If You Are Filtered
Level 2: The No-Whitelist, Stonewalling ISP
Level 2 Counter-measures
Damaged? Class Action Lawsuit
Level 2c) Consider Adding Your Name
To a Possible Class Action Lawsuit

We at SiteSell have been damaged by filtering providers who stonewall, refusing to provide any information about why we are filtered. We are an honest, hard-working marketing company with more than satisfied customers... we have raving fans.

We cannot figure out what we could possibly be doing wrong, despite asking Brightmail for a reason. Outblaze has, on the other hand, reviewed our systems and exonerated us, removing us from their blacklist. These two filtering providers stand in stark contrast.

How serious are we? We risk serious embarrassment. We put ourselves in the limelight. Outblaze exonerated us. If Brightmail finds a valid reason for us to be filtered by them, we'll admit it.

Publicly. Right here.

So bookmark this page and return to it every now and then.

Either way, we can't lose. Because, for SiteSell, it's not about corporate ego. It's not our market valuation. It's only about one thing... getting it right. And if Brightmail can tell us what exactly we're doing wrong, then we're on the road to fixing it.

UPDATE: WE ARE OFF THE BRIGHTMAIL BLOCK.

Within days after we exposed the BrightMail contest (see screenshot just below), they pulled it down.

And within days of the contest disappearance, we were unblocked. Suddenly, without BrightMail contacting us, we were successfully sending all mail to all the ISPs that were previously being blocked to BrightMail filters.

So yes, "real-time" proof -- "Deliver My Mail" works.

Use the information, and the download package on this site, well. You will not only prevent problems, but if you do hit a problem, you'll overcome it with a minimum of distress.

And do your friends a favor -- send them here, too.

What about the class-action suit? This was never about "us" -- we just served, unfortunately, as a good example. And due to the nature of our business, we wanted to share our information, our approach, the templates, and simple technology to allow YOU to implement the same counter-measures that we did. So...

Even though we are not currently suffering damages, we have tallied the cost to us, and we are still collecting names and damages from all other businesses. We will indeed proceed with a class action suit, if the numbers justify it sufficiently for our legal counsel to give the go-ahead.

Are You In The Same Boat?

We're sure that countless other small businesses are in the same boat, with a variety of filtering providers doing you damage.

That raises possible grounds for a class action suit.

So... Level 2 not only helps you individually, not only combines millions of little voices into one big voice, it allows us to evaluate the viability of a class action suit.

Generally, life is too short to be wasted on lawsuits.

But this is too important. And whether it proceeds depends upon two factors...

  • the ongoing behavior and attitude of those who currently hurt small businesses with blatant disregard

  • the reaction by small business people (i.e., you) to this threat to your livelihood.
There are certain watershed moments during a revolution... and the Internet is a revolution. It has the potential to be the great liberator, the equalizer, the revolution that sets people free around the world.

One of the earliest moments was an exuberant Yahoo! setting the tone.

Another was "Bill Gates getting it." And so Internet Explorer was born. And Netscape died.

And yet one more was when Google "got the importance of search" -- it wasn't about portals.

You are, right at this moment, at another watershed. One which you can move in one direction, or allow to be moved in another.

Stand up and be counted.

We have contacted our attorneys about exploring the feasibility of a small business class action suit. They are studying the case. In preparation, we need some information about your situation and the financial losses you may be experiencing. So...

We need data from you. We cannot assess the viability of such a suit without hard, cold data from you. So...

Take 5 minutes to complete the form below. This will allow us to evaluate the possibility to commence a class action lawsuit against filtering providers. If we see intense support...

We will spearhead this. We will find a top law firm to evaluate the data, and if judged feasible, to undertake this on your behalf.

Here is the Class Action Form. Please fill it out completely. The more small businesses that fill this in, and the more complete you make the information, the more likely we will be to launch a class action suit against filtering providers who you name most frequently as offenders and damagers of your small business.

1.

Please enter your e-mail address.
We will only ever use this to e-mail you ONCE, to provide news about the class action law suit specifically, not for any other reason. At that time, if we proceed, we will provide confirm opt-in instructions should you wish to receive ongoing news about the suit.



Please enter a second e-mail address.
We need this in case the one above is filtered. We suggest that you use Yahoo! Mail.

2.

What company hosts your Web site?

How long have you been using this host?

3. What is the nature of your Web business?
You may click more than one box, if you employ more than one monetization model. Here is an explanation of each kind of business listed below.

Infopreneur/Information-Publishing
SOHO
Service business
Sell e-goods
Sell hard goods
Sales & Rental agent/rep/distributor
Affiliate
Referrer/finder
Network/multi-level marketer
Net auction seller
Local offline business
Web professional

Please indicate approximate monthly dollar volume of sales
4.

Estimate percentage of e-mail that you SEND according to its nature
Do NOT include "internal e-mail" (i.e., mail from one employee to another) -- the percentage does not have to add up to 100%.

%  e-mail after a sale
%  support e-mail
%  e-mail after an affiliate registers
%  confirmation-request e-mail after an e-zine subscription
%  general autoresponders
%  autoresponder courses
%  answers to general inquiries
%  general personal e-mail
%  other e-mail
  Estimate percentage of e-mail that is FILTERED according to its nature.
For example, if 5 support e-mails are blocked out of every 100 support e-mails sent, you enter "5%."
%  e-mail after a sale
%  support e-mail
%  e-mail after an affiliate registers
%  confirmation-request e-mail after an e-zine subscription
%  general autoresponders
%  autoresponder courses
%  answers to general inquiries
%  general personal e-mail
%  other e-mail
6. Has the percentage of filtered e-mail increased over the last 3 months?
Yes     No

If you have more than 1 site at different hosts, has your experience been the same for all?
Only answer this question if you have more than one Web site AND you host them at different hosts.
Yes     No
7. Enter all ISPs, mail services, or filters that you know are blocking your e-mail.
Separate each name with commas, please. The ISPs and mail services are relevant because we can track this back to the filtering service.


Of those you entered in the box above, do they tell their customers (i.e., the recipients) why they are not receiving your e-mail?
Yes     No

Do they tell YOU why?
Count vague answers that provide no real help as a "no."
Yes     No
8. Of the names you entered in the box above, enter those that will NOT whitelist your address for your customer, EVEN AFTER THE CUSTOMER HAS CONTACTED THEM TO DO IT.
Separate each name with commas, please.
9. Of those ISPs that will NOT whitelist...

Have you asked them why they refuse to let your customers have the e-mail that THEY want?
Yes     No

If yes, do they tell you why?
Yes     No

If yes, why? If no, why not?
Separate reasons for each ISP, mail service, or filter by a carriage return, please.
10. Enter the ISPs that will NOT whitelist you for your customer, EVEN AFTER YOU CONTACT THEM TO DO SO, explaining each situation...
11. Estimate dollar damage in lost sales, time, expense, programming, support, internal confusion, customer dissatisfaction, damage to reputation/goodwill, etc.
US$
12. Have you contacted a filtering service directly to find out why you were being filtered?
Yes     No
13. Please provide any information about direct contact you have had with filtering services. Did they answer your inquiry? Did they give you a reason? If they sent you to a generic "requirements" page, please include the URL. Etc.
14. Please indicate if you wish to be part of a possible class action lawsuit IF our lawyers decide to proceed and IF the laws allow you to be part of the class.
Yes     No
If you choose no, we will never e-mail you again and we will not include you in the class -- and we do thank you for taking the time to provide the data in this form. If you choose yes, we will only ever e-mail you ONCE, and that will be to tell you that the lawyers have decided to proceed, if they do.

At that time, you will be asked to "confirm opt-in" to receive ongoing news about the class action lawsuit. You would be eligible to receive a part of the amount if you fit as part of the class of small businesses who have suffered due to a refusal by filtering providers to provide you with reasons why your mail is being filtered.

Note that we may choose to donate a percentage of the proceeds to a recognized, responsible, third party/arm's-length anti-spam organization (i.e., this party would not be related to us in any way). It is part of our fight against spam. The balance of the proceeds would be distributed amongst the class, excluding ourselves -- we will only reimburse ourselves for expenses incurred. Our goal is not to make money from this for ourselves -- it is to right a profound wrong.
 

Summary

I hope you have found this site to be of value. To summarize, I'll excerpt from my introductory letter...

We understand that ISPs have to filter e-mail. Spam is overwhelming them.

False-positives are inevitable.

We recognize that. We accept that inconvenience, and will constantly work to improve our mail systems as responsibly as possible. This is our part in the fight against spam. I urge every small business to adopt the same "partnership with good ISPs" attitude.

But we are not willing to be blamed, stonewalled, and abused.

We draw the line at...

  • ISPs and mail services who refuse to whitelist their own customers

  • Filtering services who won't tell "why" -- how can small businesses fix what's wrong?
We, the SiteSell team, are not willing to accept this irresponsible attitude

Nor should you.

Now is the time to stand up and be counted. It is time to join in voice and action. Spread Deliver My Mail.

  • A million voices screaming "Deliver My Mail" in unison cannot be ignored.

  • Customers moving to whitelisting ISPs will be noticed.

  • Merchants who report false-positives to both ISPs and filtering services and who complain about non-responsiveness, will be heard.

  • And a class action suit, should the data indicate it is warranted, does not go away.
Everyone's preference?

ISPs and mail services should whitelist.

Filtering providers should give reasons "why."

That does not seem so much to ask from partners in the fight against spam.  

Contents at a Glance