Aug 23, 2023

No Comments It’s not often that rival startups do battle in plain sight, but that’s the case with mobile messaging service provider Postscript, which launched on the Twitterverse earlier this month after receiving a cease and desist letter from its competitor Attentive. Mindful’s letter was in response to a customer case study Postscript had written and posted on its website about nutrition company BUBS Naturals, which said BUBS Naturals left Mindful for Postscript after finding that its list was shrinking instead of growing, then fought with the company to move its listing off its platform. Denouncing Postscript for the “false, misleading and misleading claims” made about it in these published materials, Attentive demanded in its letter that Postscript stop publishing them. Asked later about what was going on between the two groups, Attentive, through a spokesperson, replied via email: “Unfortunately, Postscript has a history of misrepresentation and misleading conduct. We have sent several cease and desist letters over the years for making inaccurate statements about Mindful, which they have acknowledged and corrected. We also filed a federal lawsuit in January 2023 against Postscript for continued and willful infringement of our multiple patents for our two-click mobile technology, which has revolutionized brands’ ability to add customers to their SMS lists in a compliant manner. (Attentive shared a copy of the complaint with fr.techtribune.net.) Some of the “beef” in between may seem tricky to outsiders. For example, Attentive’s termination letter complained about Postscript’s marketing timeline, which stated that former customer BUBS Naturals had been an Attentive customer for three years, while Attentive claims that BUBs had been a customer for about two times. shorter time. In response to Mindful’s letter, Postscript co-founder Alex Beller posted a exasperated tweet , claiming that Postscript had heard of Attentive before and calling the company a “tyrant”. He also posted a “full response” that attempted to strike a more measured tone. Listen, this isn’t the first C&D we’ve received over the years from Attentive. But sometimes you have to stand up to the bully. Here is our response in full: pic.twitter.com/VbqkTijt2y Reads the response: “Postscript takes your accusations seriously and provides its substantial response below. But it’s also important to note the larger context in which Attentive is making these accusations. Postscript is gaining traction in the market. It has also recently drawn attention to a reprehensible practice practiced by some SMS platforms in the industry: holding a customer’s exclusive SMS list hostage to prevent or interfere with the customer’s attempt to switch providers. Given these circumstances, Attentive’s increasingly weak legal claims appear intended to shore up recent market underperformance and distract from its own acts of unfair competition. Russell Weaver, a law professor at the University of Louisville, told techtribune.net about the ways Attentive can defend itself against any perceived libel or slander. The first is to file a lawsuit, which Weaver says is more complex and can often lead to further investigation or defense of the company. The other is to try the path of ceasefire, as Attentive did. In the meantime, Postscript’s tactic seems to be working. In response to one of Beller’s tweets about this, an Attentive customer said he might switch providers. BGC ( @Bryan_Clark_ ) tweeted , “It makes me want to switch from attentive mode to Postscript. I wonder what the ROI of this thread will be for you guys. When asked if this had any impact, Postscript replied via email that it “has doubled its ‘win rate’ against Attentive in the last quarter. Meanwhile, fr.techtribune.net spoke with TJ Ferrera, co-founder of BUBS Naturals, about not having seen the promised recovery among subscribers. Regarding a change that probably got more attention than he bargained for, he said he has no regrets. “On the one hand, it’s the little players who don’t know how to play,” Ferrara said. “On the other side,” he said, referring to Attentive, “you have a 400-pound gorilla holding people’s information hostage. » To this data holding allegation, when Ferrara requested custom data from his account, he provided a thread in which it took him a month to get responses. Attentive told fr.techtribune.net that it responded within six working days and “a subsequent request was answered within an hour”. Additionally, its “policies with its customers make it clear that the customer owns their data. Attentive facilitates the export of subscriber lists upon customer request and endeavors to provide them in a timely manner in accordance with our contractual agreement. 2023-08-22 17:21:36