Battle of two marketing companies
It isn’t unusual for startups to combat in entrance of others, however that is the case with cell messaging providers supplier Postscript, which entered the Twitter universe after receiving a stop and desist letter from rival Attentive earlier this month.
Özen’s letter got here in response customer case study He stated Postscript wrote about diet firm BUBS Pure and posted it on its web site, leaving Attentive for Postscript after seeing BUBS Pure’s listing shrink relatively than rising, after which struggled with the corporate to take away its listing from its platform.
Warning Postscript for making “false, deceptive, and misleading allegations” about itself in printed supplies, Attentive in its letter urged Postscript to cease publishing them.
When requested about what was happening between the 2 groups in a while, Attentive replied through electronic mail through a spokesperson: “Sadly, Postscript has a historical past of false claims and misleading conduct. Over time they’ve made false claims about Attentive that they’ve acknowledged and corrected. We have additionally submitted quite a few stop and desist letters. We additionally filed a federal lawsuit in January 2023 towards Postscript for ongoing and willful infringement of our a number of patents for our two-tap cell expertise, which is revolutionizing the power of manufacturers so as to add clients to their SMS lists in a compliant method.” (Attentive shared a duplicate of the grievance with TechCrunch.)
Among the “beef” between the 2 could seem cheesy to outsiders. For instance, Attentive’s cease-and-desist letter complained concerning the timeline in Postscript’s advertising; meaning former buyer BUBS Pure has been an Attentive buyer for 3 years, whereas Attentive says BUBs has been a buyer for roughly half that lengthy.
In response to Attentive’s letter, Postscript co-founder Alex Beller stated: annoying tweet, saying Postscript had heard from Attentive earlier and referred to as the corporate a “bully”. He additionally posted a “full response” that tries to strike a extra measured tone.
The response reads: “Postscript takes your accusations critically and supplies a radical response under. Nevertheless, you will need to notice the broader context wherein Attentive is making these accusations. Postscript is making a revenue available in the market. It additionally lately identified a reprehensible observe by some SMS platforms within the business: “Holding the shopper’s personal SMS listing hostage to forestall or intrude with the shopper’s try to change suppliers. Given these circumstances, Attentive’s more and more waning authorized claims declare seems to be geared toward bolstering the latest underperformance available in the market and diverting consideration from its personal acts of unfair competitors.”
Russell WeaverA regulation professor on the College of Louisville spoke to TechCrunch concerning the methods Attentive ought to defend itself towards perceived defamation or slander. The primary is litigation, which, as Weaver says, is extra advanced and may typically result in additional scrutiny or protection of the corporate. The opposite is to attempt to cease and quit, as Attentive does.
In the meantime, Postscript’s ways appear to be working. An attentive buyer stated he would possibly change distributors in response to one among Beller’s tweets on the topic. background (@bryan_clark_) tweeted“This makes me wish to change from rigorous to Postscript. I am questioning what the ROI on this matter will probably be for you guys.”
When requested if it had an influence, Postscript replied through electronic mail that it “double the ‘win price’ towards Attentive within the final quarter”.
In the meantime, TechCrunch spoke with BUBS Naturals co-founder TJ Ferrera about not seeing the promised rebound in subscribers. He stated he did not remorse making a change that in all probability obtained extra consideration than he had anticipated.
“On one entrance there are little gamers who do not know play it,” Ferrara stated. “On the opposite entrance,” he stated, referring to Attentive, “there is a 400-pound gorilla holding folks’s info hostage.”
When allegedly retained information, when requested personal information from Ferrara account, Attentive responded to that information inside six enterprise days and the subsequent request was responded to inside one hour.” Moreover, “their coverage with their clients makes it clear that the shopper is the proprietor of their information. Attentive, subscriber upon buyer request. facilitates the export of lists and tries to supply them in a well timed method in accordance with our contract settlement.”
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