It isn’t generally that startup rivals fight in basic perspective of other individuals, but this kind of is the situation with the cell messaging solutions service provider Postscript, which took to the Twitterverse before this thirty day period just after getting a stop-and-desist letter from competitor Attentive.
Attentive’s letter was in response to a client case research that Postscript had authored and posted on its web site about nutrition organization BUBS Naturals, which reported BUBS Naturals remaining Attentive for Postscript after discovering its checklist actually shrinking alternatively of expanding, then battling with the company to shift its checklist off its platform.
Contacting out Postscript for “false, deceptive and misleading claims” staying produced about it in these revealed elements, Attentive in its letter demanded that Postscript stop posting them.
Asked afterward what’s going on concerning the two outfits, Attentive, via a spokesperson, responded by way of e-mail that “Unfortunately, Postscript has a background of false statements and deceitful carry out. We have sent multiple cease and desist letters more than the several years as they’ve built inaccurate promises about Attentive, which they’ve acknowledged and corrected. We have also brought a federal lawsuit in January of 2023 versus Postscript for ongoing and willful infringement of our multiple patents for our two-faucet cell technological innovation, which revolutionized brands’ capability to include customers to their SMS lists in a compliant way.” (Attentive shared a copy of the grievance with TechCrunch.)
Some of the “beef” involving the two could appear ticky-tacky to outsiders. For case in point, Attentive’s stop-and-desist letter complained about the timeline in Postscript’s marketing, which says that previous consumer BUBS Naturals was a customer of Attentive for 3 many years when Attentive states BUBs was a customer for around 50 % as lengthy.
In response to Attentive’s letter, Postscript’s co-founder Alex Beller released an exasperated-sounding tweet, indicating Postscript has listened to ahead of from Attentive and calling the firm a “bully.” He also revealed a “response in full” that tried to strike a more calculated tone.
Reads the reaction: “Postscript usually takes your accusations critically and provides its substantive response under. But it is crucial also to observe the broader context in which Attentive is casting individuals accusations. Postscript is building gains in the sector. It has also lately brought attention to a reprehensible practice engaged in by some SMS platforms in the industry: keeping a customer’s proprietary SMS checklist hostage to protect against or interfere with the customer’s try to change suppliers. Considering these conditions, Attentive’s assertion of significantly weak lawful statements seems aimed at shoring up the latest underperformance in the market place and distracting from its very own functions of unfair opposition.”
Russell Weaver, a professor of law at the University of Louisville, spoke to TechCrunch about what avenues Attentive has to defend alone versus perceived defamation or slander. One is to sue, which Weaver claimed is far more complicated and can often guide to further more scrutiny or defense of the company. The other is to consider the cease-and-desist route as Attentive has carried out.
In the meantime, Postscript’s tactics appear to be to be doing the job. In response to one of Beller’s tweets on the subject, a single Attentive purchaser reported he could possibly modify suppliers. BGC (@Bryan_Clark_) tweeted, “This helps make me want to change from attentive to Postscript. I ponder what the ROI on this thread will make for you fellas.”
When requested if it did have an effect, Postscript responded by way of electronic mail that it “doubled its ‘win rate’ in opposition to Attentive in the last quarter.”
Meanwhile, TechCrunch talked with TJ Ferrera, co-founder of BUBS Naturals, about not observing that promised decide on-up in subscribers. With regards to making a switch that most likely drew a lot more awareness than he expected it would, he stated he has no regrets.
“On 1 front, it is modest players that don’t know how to play this,” Ferrara stated. “On the other entrance,” he said, referring to Attentive, “you have a 400-pound gorilla that is keeping people’s information and facts hostage.”
To that allegation of keeping details, when Ferrara asked for custom made data from his account, he provided an e mail thread the place it took him a thirty day period to get responses. Attentive informed TechCrunch it responded in six enterprise days, and “a subsequent request was answered inside of an hour.” In addition, its “policies with its prospects make obvious that the client owns its knowledge. Attentive facilitates the export of subscriber lists upon purchaser request and strives to offer them in a timely method in accordance with our contractual agreement.”
