What’s Up THIS WEEK?! 📧 Tracking Email Opens is Now Illegal??| Ep. 535 episode artwork

EPISODE · Jul 7, 2026 · 12 MIN

What’s Up THIS WEEK?! 📧 Tracking Email Opens is Now Illegal??| Ep. 535

from Do This, NOT That: Marketing Tips with Jay Schwedelson

Partner with Jay: https://www.jayschwedelson.com/contactㅤCheck out Jay Schwedelson's new book: Stupider People Have Done It All net proceeds are donated to The V Foundation for Cancer Research, let's kick cancer's butt: https://www.amazon.com/Stupider-People-Have-Done-Marketing/dp/1637635206ㅤSubscribe to Jay's newsletter for weekly marketing tips and tactics: https://www.jayschwedelson.com/newsletterㅤRegister for GuruConference (FREE + VIRTUAL!) https://www.guruconference.comㅤCheck out Eventastic (FREE + VIRTUAL!) https://www.eventastic.comㅤConnect with Jay on LinkedIn: https://www.linkedin.com/in/schwedelson/Check out Jay's YouTube channel: https://www.youtube.com/@schwedelsonCheck out Jay's Instagram: https://www.instagram.com/jayschwedelson/Ask Jay anything: https://www.jayschwedelson.com/askㅤLeave a comment and follow the show, it really helps us out!ㅤMASSIVE thank you to our Sponsor, CallRail!CallRail is the AI-powered lead intelligence platform that helps marketers prove exactly what’s driving results. With CallRail, you can connect every call, text, chat, and form submission directly to the campaign that generated it so you finally know what’s working and where to double down.Plus, with built-in AI conversation intelligence, CallRail analyzes your customer conversations, captures leads 24/7, and gives you deeper insights into what your prospects actually care about.If you’re tired of guessing about your marketing ROI and want real data behind your campaigns, CallRail has you covered.Start a Free Trial Here: https://www.callrail.com/dothisㅤFrance and Italy are about to require explicit permission before you can even tell whether someone opened your email, and plenty of people are already writing the open rate's obituary. Jay Schwedelson thinks that funeral is premature, and he breaks down why a deeply flawed metric can still be a genuinely useful one, plus what all of this actually means (and doesn't mean) for marketers in the US. There's also a Reddit ad update worth stealing and a weirdly great story about where "jump the shark" came from.ㅤBest Moments:(00:38) A real question worth asking - could tracking whether someone opened your email actually become illegal?(02:59) Why the open rate is a directional signal, not a real number, and why that distinction matters.(04:09) The opt-in loophole that quietly keeps open tracking alive even after consent rules kick in.(05:20) Why none of this is landing in the US anytime soon, and the CAN-SPAM gap behind it.(06:38) Reddit just added split testing to its ad units, and almost nobody is paying attention.(09:42) The oddly satisfying true story behind the phrase "jump the shark."

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What’s Up THIS WEEK?! 📧 Tracking Email Opens is Now Illegal??| Ep. 535

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This episode was published on July 7, 2026.

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