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Professionals
answer
your
questions. |
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This issue of DIRECT Newsline is sponsored by
KnowledgeBase Marketing
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CELEBRATE DIVERSITY!
Not only does ethnic and religious diversity enrich our culture, it is
also good for business. Our country is rich with ethnic and religious
segments that are responsive to appropriately targeted offers.
KnowledgeBase Marketing® links you to 215 million consumers by
ethnicity, probable language spoken and religion.
Visit www2.kbm1.com/Documents/Ethnic.pdf
or call 866 ASK-4KBM (275-4526).
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Top Stories
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Judge Tosses Anti-Spam Suit
Against Virtumundo
By Ken Magill
(Magilla Marketing) A federal judge yesterday threw out anti-spammer
and self-proclaimed serial litigator James S. Gordon's lawsuit against
e-mail marketer Virtumundo.
Significantly, the judge cited vacation marketer Omega World Travel's
recent court win over anti-spammer Mark Mumma in making his ruling.
Just as significantly, the judge also ruled the defendants can recover
attorney fees.
Gordon -- whose sole source of income for 2006 and 2007 was from
"settlements and disputes," according to court documents -- sued
Virtumundo and sibling company Adknowledge under the federal Can-Spam
Act and Washington state law, alleging that between August 21, 2003 and
Feb. 15, 2006, he and others received 13,800 misleading commercial
e-mails from them at his free e-mail service Gordonworks.com.
He sought more than $2.3 million in statutory damages.
Gordon claimed, among other things, that e-mails were deceptive because
their "from" lines contained names such as "Criminal Justice," "Public
Safety" and "Trade In" and addresses such as CriminalJustice@vm-mail.com,
PublicSafetyDegrees@vmadmin.com
and TradeIn@vm-mail.com in the
from lines.
"In each of these emails ... no actual sender is identified in the
'From' line in any meaningful sense," said Gordon's lawers in court
papers.
Gordon never claimed to have received unsolicited e-mail from the
defendants, Virtumundo's lawyer, Derek Newman, said in an interview in
January. Rather, Gordon opted into the companies' e-mail programs, he
said. Newman declined comment for this article.
Gordon alleged that the e-mails' headers broke the law because their
subject lines contained neither the companies' names or an employee
name.
However, the court ruled the companies' from lines and e-mail addresses
were not misleading because they were not materially false or
deceptive.
In rendering his decision, Judge John C. Coughenour of the U.S. District
Court for the Western District of Washington at Seattle, cited a recent
ruling against anti-spammer Mumma in which the court determined that
Omega World Travel's headers were not materially deceptive as required
by the Can-Spam Act and that the act preempted Oklahoma law.
"The Can-Spam legislative history underscores that the Omega court's
holding is correct," said the decision.
Anti-spammers have voiced concern that the Omega decision would come
back to haunt them.
The court also ruled that since Virtumundo could be identified by using
the "from" addresses to do a WHOIS lookup, the e-mails were not
sufficiently misleading as required under the Can-Spam Act.
"Plaintiffs have not raised any of the issues of material fact that
could prove defendants' e-mails materially 'false or deceptive,' as
those terms are used in the Can-Spam Act," the ruling said.
The court also ruled that Gordon's company, which provides free e-mail
addresses mostly for family and friends, is not a "bona fide" Internet
service provider as required for someone to bring a private lawsuit
under federal anti-spam law.
"Plaintiffs are not the type of entity that Congress intended to possess
the limited private right of action it conferred on adversely affected
bona fide Internet access service providers," the decision said.
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AOL Acquires Third Screen
Media
AOL has acquired Third Screen Media, a mobile advertising service
provider. Third Screen Media will operate as a wholly owned subsidiary
of AOL's Advertising.com division. Third Screen Media will continue to
be headquartered in Boston. The company did not disclose the acquisition
terms.
Third Screen Media connects advertisers, publishers and mobile phone
carriers on a common platform, allowing ads to be managed and delivered
via WAP, downloadable applications, SMS, MMS and mobile video.
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This issue of DIRECT Newsline is sponsored by Specialists Marketing
Services
COME HOME TO BEAUTIFUL RESULTS!
Specialists Marketing Services, Inc. has the perfect lists to help you
reach responsive home décor enthusiasts and mail-order buyers.
CLICK
HERE to view the best lists for your home décor offer!
For more information, please contact us at 201.865.5800 or smslistinfo@specialistsms.com
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New Chase Loyalty Program
Rewards Online Shopping
Chase Card Services and Mall Networks have created Chase Rewards
Plus, a shopping program that rewards consumers who make online
purchases.
The program offers the opportunity to earn unlimited bonus points,
special offers and discounts while patronizing hundreds of Web-based
retailers that belong to an online mall. Participants include Blue Nile,
Lands' End, jcp.com, OfficeDepot.com, Overstock.com, Orbitz.com,
Sears.com and Travelocity. Program participants earn bonus rewards in
the currencies of their choice, whether points, miles or cash
back.
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Car Marketing Heads for
the Internet: Report
Auto manufacturers and dealers are steering away from their
traditional media outlets -- newspapers, cable, radio and direct mail --
and accelerating their online ad spending, according to a new report
from marketing research firm Borrell Associates.
Automotive ad spending will reach $31 billion this year, but total ad
dollars will grow only 1.7% over the next five years, compared to an
annual growth rate of 3.7% in the last five years.
Online spending for the industry will reach $2.8 billion in 2007, 7.6%
of all automotive advertising, representing annual growth of 13%. By
2010 online car marketing will reach $4 billion and become the second
most-used medium for automotive advertisers, surpassing newspapers,
cable, radio and direct mail and trailing only broadcast TV. Meantime,
budgets for offline auto ads in newspapers, direct mail and directories
will decline by 20% each, according to the report.
At the local ad level, online will become the top marketing channel for
used-car marketers this year, surpassing newspapers for the first time.
Borrell finds that local car dealers will spend 29% of their online ad
budget on online video and paid search this year, but will hike that
proportion to 76% of online marketing by 2012. E-mail will also gain
traction as a lead-generation tool, while display ads such as banners
will decline.
Used-car dealers are more drawn to the Web than their new-car
counterparts, allocating 20% of their spending to the online channel,
compared to 7.6% of the industry's total online ad budget.
The logic behind the rise of Internet marketing lies in the fact that
shoppers looking to buy a new car are doing their early research online.
Many are going directly to manufacturers' Web sites rather than to third
parties.
The Borrell report points out that the Internet is not yet effective at
reaching car buyers still in the "dreaming" stage, and that therefore
manufacturers will use TV spots to sell their brands and then drive
prospects to a Web URL, in the manner of the "Google Pontiac"
ads.
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CDC Acquires Syndmail E-Mail
Product
CDC Software has acquired Syndmail, an email marketing and
communication offering, from Red Clay Consulting. Terms of the
acquisition were not disclosed.
Syndmail is integrated with CDC's Pivotal CRM application. Syndmail
features Web-based customer preferences and opt-in/out administration,
response tracking including read, click-through and bounce backs, a
bounce-back engine to monitor and report bad emails and analysis and
reporting on customer responses and interaction.
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Harte-Hanks Elects Board Members,
Authorizes Dividend, Stock Repurchase
Shareholders in Harte-Hanks, Inc. have re-elected William Farley,
Larry Franklin and William Gayden to the company's board of directors.
The three will serve until the company's 2010 annual meeting.
Separately, Harte-Hanks declared a regular quarterly cash dividend of 7
cents per share, payable on June 15 to the holders of record of shares
of common stock of the company at the close of business on June 1.
The company also approved an increase in the company's existing stock
repurchase program by up to an additional 6 million shares of the
company's common stock. If the entire additional authorized amount is
repurchased, it would represent approximately 8.2% of the company's
outstanding shares of common stock as of April 30.
The additional authorized shares bring the total remaining authorization
under the company's repurchase program as of April 30, 2007, to
approximately 8.9 million shares.
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Avery and Modern Postcard
Launch Mailing List Service
Avery Print and Mail Center, the direct mail marketing group of
Avery Dennison Office Products, and its fulfillment partner, Modern
Postcard, has launched a mailing list service.
The Web-based service allows customers to create a postcard, upload
their house mailing list or purchase a mailing list and then have it
mailed for them. The leads can be generated based on a variety of
characteristics, including household income, age of household members,
addresses and travel time to their business.
Businesses can also choose to cleanse their mailing lists against the
CASS system. The offering is geared toward small- to mid-sized
businesses.
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Short Cuts
Multi-product, multichannel marketer ValueVision Media, Inc. has
appointed John D. Buck non-executive chairman of the board of directors.
Buck replaces Marshall S. Geller, who has served as non-executive
chairman since 2003. Buck has been a director of ValueVision Media since
2004, and has served as chairman of the human resources and compensation
committee since joining the board. Buck is the chief executive officer
of Whitefish Ventures, LLC, a provider of financial and general business
services to small business enterprises. He is also currently the
non-executive chairman of Medica, a major health plan in Minnesota, and
serves as a director on the boards of Patterson Companies, Inc. and Halo
Innovations.
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ACCM
May 21-23, 2007
Boston, MA
The Annual Conference for Catalog and Multichannel Merchants
(ACCM) is the only conference devoted to merchants who need to
understand, segment and market to today's customers and prospects across
an array of media and channels. ACCM will help you to focus on the
strategies you need to successfully integrate your marketing channels.
Register before the conference and Save on your full conference
registration! Use DIRECT savings code E10. www.accm07.com/dnl
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List and Database News
Prime Earners
The Prime Earners list group includes files for targeting golfers,
seniors, baby boomers and credit cardholders, among others. Counts range
from 79,000 to 619,000. The concentration of individuals named here with
$110,000 annual incomes reportedly is seven times greater than the
national average
Selections: Hotlines, ailments, dollar amount, dwelling type, estimated
household income, ethnicity, age, family position, gender,
height/weight, homeowner, length of residence, mail order buyers, mail
responsive, marital status, net worth, occupation, race, telephone
numbers, state/county/SCF/ZIP
Price: $105/M
Contact: Beach List Services Inc., 615-356-1100
AbsoluteROI Infinite Response
Separate lists -- including travel sweepstakes responders, payday loan
applicants and discount coupon requesters -- will soon be available from
the AbsoluteROI Infinite Response database. The main database introduced
in April contains more than 41 million names. The source for this data
is the Internet.
Selections: Monthly hotline, age, date of birth, gender, household
income, interest category, presence of children, telephone numbers,
state/SCF/ZIP
Price: $70/M (base)
Contact: List Bargains Division, Media Source Solutions,
203-746-6640
Shop at Home Lifestyle Collection
Some 1 million consumers who requested catalogs or made purchases are
listed here. The Shop at Home catalog offers products in partnership
with more than 490 catalogers ranging from small niche books to
international brands.
Selections: Lifestyle, hotlines, adult's/child's age, marital status,
presence/number of children, income, ethnicity, gender,
state/SCF/ZIP
Price: $80/M
Contact: Mal Dunn Associates Inc., 845-278-1342
First Care Insurance Responders
This file identifies nearly 1.7 million who purchased health insurance
for coverage not offered on their primary policies. Telemarketing is the
source.
Price: $80/M
Selections: Monthly hotline, age, gender, income, marital status,
homeowners, state/SCF/ZIP
Contact: Listdata Management Services Inc., 845-357-1881
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Classified Advertising
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Classified
Time for a change? KMA might be right for you!
Key Marketing Advantage is looking for DM Industry experienced,
goal-oriented team players to fill key sales and support positions as we
aggressively expand our List Management, Brokerage and Database
capabilities. If you would like to join our team of dedicated,
innovative marketers in a corporate culture where integrity and
exemplary service are the cornerstones, and hard work and dedication
should bring personal satisfaction and financial reward, please e-mail
your resume and salary requirements to Linda Bridson at lbridson@keymarketingadvantage.com
or fax to 203-744-9012.
Several Domain Names For Sale
Accepting offers
For details contact DomainOholder@yahoo.com
Americaneedschange2008.com
Ordermanagementpros.com
Seofulfillment.com
Thedmpros.com
Thelistpros.com
Vidclips4free.com
We are currently looking for a qualified candidate to fill the
following open position:
List Rental Account Executive - New York, NY (Req # 2316)
The List Rental Account Executive will be responsible for generating
list rental revenue from Nielsen Business Media's client list,
contacting NBM's clients not utilizing list rental and generating new
leads for list rental. The AE will be responsible for working with the
list rental management company on behalf of client, overall performance
and growth of list sales for assigned brands, territory management,
develop telesales skills, and achieve/exceed assigned sales quotas.
Please visit www.nielsen.com/careers to
view the job description and to apply online. You can enter the
requisition ID number listed above to take you directly to the position
you are interested in.
The Nielsen Company is an equal opportunity employer.
MAKE THE FASHION A-LIST
One of the most successful brands in America, Spiegel has been the
fashion resource for over 100 years. A trendsetter in catalog and
e-commerce, Spiegel Brands Inc has launched designers and careers. If
you are fashion-addicted, have incredible energy and a passion for
excellence, this is your opportunity. Join us if you have interest and
expertise in the following area:
MANAGER OF CUSTOMER CIRCULATION
Newport News
The Manager of Customer Circulation is responsible for retaining Newport
News customers at a profitable level. Responsible for supervising the
proper execution of approximately 50 catalog mailings per year and any
other direct mail communications (e.g. postcards, letters) to the
customer file. This includes customer database selection, test and
promotion analysis (p&l) and the use of database modeling. Charged with
overseeing customer segmentations, testing and reporting performed by
two customer marketing analysts. Mailings are carried out through
extensive interaction with the marketing services team (located in
Virginia) and the production department to ensure the proper and timely
delivery of mail tapes for processing.
This position is also responsible for managing the Market Research area
to ensure that all research projects are executed properly and to the
benefit of Newport News and the Spiegel Brands Inc.
Our tremendous growth means competitive compensation and benefits to
qualified individuals. We invite you to submit your resume, salary
requirements and area of interest to hrny@spiegelbrands.com or fax
to: (212) 916-8320. EOE
SPIEGEL BRANDS INC
Director of Catalog Operations -- Sierra Trading Post
We are looking for an individual to develop and implement a catalog
marketing strategy for an aggressive direct marketing company. Will
oversee the marketing, branding and production of 90+ individual catalog
mailings a year under 8 different covers with a distribution of 50-60
million and a $25M budget. Will direct our Catalog Marketing Manager and
our Creative Service Manager, which oversee 65-70 people: catalog
marketing efforts, list management, customer modeling analytics,
response analytics, ROI analytics, catalog production, catalog branding,
catalog copy, photography and graphic image services. Requires: Ten plus
years of management experience in the direct marketing industry.
Bachelor's degree in marketing, communications, or other related field.
Knowledge of the creative processes is a must. Occasional travel will be
required.
Please send resume and cover letter to: Sierra Trading Post Human
Resources Dept/Catalog 5025 Campstool Rd. Cheyenne, WY 82007. or resumes@SierraTradingPost.com
(no zip files please).
V.P./Director of Marketing
Reid Supply Company is a global direct marketer for the distribution of
industrial components and supplies located along the beautiful shoreline
of West Michigan. Since 1948 our collective mission has been to provide
the highest quality products and unbeatable customer service to all of
our customers. Our vision is to be a company that provides opportunities
to those who want to maximize their job satisfaction and earning
potential. We encourage innovative thinking and action, and we know that
actions to increase value require risk taking. We encourage
entrepreneurial thinking, and we value improvement of process and mind.
Our people are passionate about their work and we reward them with an
attractive benefit and compensation package, including bonus, 401k
match, cafeteria style health care plan, education reimbursement and
more!
We are seeking a VP/Director of Marketing to define, develop, lead,
direct and execute the company's marketing activities including
e-commerce, e-mail, direct mail, and catalog. As a member of our
leadership team, you will be a key player in strategic planning,
business development, and shaping the future of Reid Supply Company.
Responsibilities:
All marketing strategies
Budgetary and financial responsibilities for all marketing
efforts
Working with Sr. Mgmt to explore new market opportunities and
achieve sales
goals resulting in the growth of all business channels.
Internal and External Corporate Communications, including branding
and corporate identity
Web Development
E-Commerce initiatives
All aspects of direct mail including print production of catalogs,
direct mail and other promotional pieces.
Mailing list and database maintenance and hygiene.
Advertising and Promotional activities such as trade shows, trade
magazines and other media.
Staff development
Requirements:
Bachelor's degree
10 years experience in direct marketing, with a minimum of 5 years
B2B direct marketing
Demonstrated substantial growth in e-commerce
Two plus years experience in direct marketing of industrial supplies
is strongly preferred
You can check out our product offerings by visiting: www.reidsupply.com.
If we've piqued your interest, please forward your career history,
including resume, references and wage history to: resume@reidentities.com No
recruiters please!
For more information on other Reid companies go to: www.reidentities.com
Have a great day!
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Find Targeted Lists Fast with ListFinder
ListFinder is a FREE search engine that lets you search more than 50,000
data cards that represent virtually all lists on the market -- postal,
e-mail, telephone and insert media. It's the quickest and easiest way to
find lists for your marketing campaigns.
Click here to access ListFinder for:
directmag.com/listline/
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About this Newsletter
Editorial Director: Ray Schultz
Managing Editor: Charles Vietri
Executive Editor: Beth Negus Viveiros
Senior Editor: Larry Riggs
Senior Writer: Richard H. Levey
DIRECT Newsline is sent by request. Subscriptions are free to qualified
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Feedback should be sent to: ray.schultz@penton.com
or may be sent by paper mail to:
Ray Schultz
249 West 17th Street
New York, NY 100111
For Sponsorship/Advertising information please contact: Elizabeth
O'Connor, Associate Publisher at elizabeth.oconnor@penton.com
or 203-358-4391
For information on Classified Advertising please contact: Steve Franco,
at steve.franco@penton.com
or (203) 358-4389
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Penton Media | 249 W. 17th Street | New York, NY 10011
Copyright 2007, Penton Media. All rights reserved. This article is
protected by United States copyright and other intellectual property
laws and may not be reproduced, rewritten, distributed, re-disseminated,
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