Direct marketing agencies, and what you are actually buying

Direct marketing agencies sell a specific proposition: reach a named list of people with a measurable offer and count exactly what came back. That is a genuinely different discipline from brand or search work, and the good ones are unusually rigorous because their work is testable. It is also the corner of marketing with the most federal rules attached, because direct mail, commercial email and outbound calling are each regulated separately, and the penalties fall on the advertiser as well as the agency. This page describes what these agencies actually do, what governs each channel, and how a buyer should vet one before handing over a customer list.

What the discipline actually consists of

Three components, and the agency's skill is usually concentrated in one of them. The list, meaning who is contacted, which in direct marketing determines more of the result than the creative does. Agencies vary enormously here: some maintain modelling capability and can build a lookalike from your best customers, others simply rent whatever a broker offers. The offer, meaning what the recipient is asked to do and what they get, which is the second largest lever and the one most often left untouched because changing it requires the client's agreement rather than the agency's effort. The creative and production, meaning the physical piece, the email or the script. Ask a candidate to rank those three by importance in their own work. An agency that leads with creative is selling the least consequential third of the discipline, and their testing programme will show it.

The rules that govern each channel

Commercial email sits under the CAN-SPAM Rule, and the FTC's compliance guide sets out the duties plainly: accurate header and routing information, non-deceptive subject lines, identification as an advertisement, a valid physical postal address, and a working opt-out mechanism that remains live for at least thirty days after sending, honoured promptly and at no cost. Outbound calling sits under the Telemarketing Sales Rule, which governs disclosures, calling hours, do-not-call obligations and the treatment of payment information. Mail and phone order selling sits under the Mail, Internet, or Telephone Order Merchandise Rule, which requires that you have a reasonable basis for any shipment time you promise and sets out what you must do when you cannot meet it. The FTC guide on CAN-SPAM is explicit that liability can attach to the company whose product is promoted, not only the sender, so read your contract's indemnity clause carefully.

How pricing works and where the margin hides

Direct marketing pricing has more moving parts than most marketing purchases, which is why quotes are hard to compare. There is a strategy or creative fee, a list rental or data cost, production and postage in mail, platform costs in email, and telephony and staffing costs in calling. Agencies may mark up list, print and postage, and some make more from that markup than from their fee. Ask for the pass-through costs at cost with the markup shown separately. Ask who holds the list rental contract, because whoever holds it controls reuse rights. And ask what the agency does with response data: your response file is a valuable asset and it should be yours. If you are also weighing a broader digital marketing and SEO services retainer, keep the direct programme costed separately, since its economics are per-piece and per-response rather than monthly.

The testing discipline that separates the serious from the rest

The one advantage of direct marketing over almost every other channel is that it can be tested cleanly, and a serious agency will insist on it. That means a proper control against which variants are measured, one significant variable at a time, sample sizes large enough that the result is not noise, and a written record of what has already been tested so the same lesson is not bought twice. Ask a candidate for their testing roadmap for your first year and what they would test first. If the answer is the envelope colour or the subject line rather than the list and the offer, they are testing the cheap variables because those are easy to change. Ask also how they define a response and how they reconcile it with your sales records, because response counted at the agency and revenue counted in your system will not match unless somebody has agreed the definitions in advance.

Questions people ask about direct marketing agencies

Is direct mail still worth testing?

For many categories yes, particularly where the audience is definable by address and the customer value is high enough to carry the per-piece cost. The way to find out is a properly controlled test against a holdout rather than an opinion. Direct mail is expensive to guess with and cheap to test.

Who is liable if a campaign breaks the rules?

Potentially both parties. The FTC's CAN-SPAM guidance notes that a company whose product is promoted in a message can be held responsible alongside the company that sent it. Read the indemnity and compliance warranties in the agency contract, and require sign-off on lists and copy before deployment.

Should the agency own our list?

No. Your customer file, your response data and any suppression list built during the work should sit in systems you control. Rented third party lists are different and usually carry single-use terms, so establish before the campaign who holds the rental contract and what reuse rights exist.

How do we compare direct marketing quotes?

Insist every quote separates agency fee from pass-through costs such as data, print, postage and telephony, with any markup disclosed. Then compare cost per thousand contacted and projected cost per response for the same list and offer. Comparing headline totals across different list sizes is meaningless.

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