Retention.com Founder on ‘Email Laundering’

Adam Robinson is a former Lehman Brothers financier who in 2012 founded and later sold an email marketing company. Among the company’s features was “identity resolution” — the ability to locate folks’ email addresses.

That identity technology is the basis of Retention.com, which he launched in 2019. The firm can link anonymous website visitors to their email addresses. The website’s staff can then email those visitors, soliciting business. Robinson calls the process “email laundering.”

He and I recently spoke. We addressed privacy rules, spam concerns, and acquiring the Retention.com domain.

The entire audio of our conversation is embedded below. The transcript is edited for clarity and length.

Eric Bandholz: Give us a rundown of what you do.

Adam Robinson: I own a software company called Retention.com. We identify anonymous website visitors, mainly for big Shopify stores.

We do two things. One, someone hits your website, they don’t fill out a form, and they leave. We can get an email address for that person, help you email and add them to your list safely. Using the same technology, we enable abandoned cart emails. Most folks are not logged into a store these days. They’re logged into Amazon, Facebook, and Instagram.

We’re a U.S.-only product. The initial reaction to our service is often, “What about the General Data Protection Regulation?” But we’re not in Europe, so GDPR doesn’t apply. It depends on where the person is. A European citizen in the U.S. is not subject to GDPR. In the U.S., the CAN-SPAM Act of 2003 says email must have an opt-out, but it never mentions opt-ins. So long as there’s an opt-out link in your email, you can send it.

We used to be called GetEmails. We would place a pixel on our customers’ sites and then provide email addresses for their anonymous web traffic. We started focusing on Shopify stores and built a suite of bottom-of-the-funnel products — abandoned cart emails.

I saw an opportunity to focus on Shopify. I wanted to get the most prominent domain name possible with the most authority and relevance to what we were doing. I thought Retention.com was that. It’s not how an ecommerce brand would define retention, but still, you hear the name and know what that company does.

Bandholz: Someone must have been squatting on a domain like that.

Robinson: A woman had owned it for 29 years. To find that out, I first went through GoDaddy’s domain broker service. I found nothing. Then I asked a domainer friend. He told me he could help. He knew many folks in the domain industry. He said I would never get it if a big company owned it. If an individual owns it, it will probably be costly. I asked how much, and he guessed $300,000.

At the time, my business was in a position where we didn’t have a lot of employees, but we had a lot of revenue. It’s not the case anymore. We have a lot of revenue and a lot of employees. So I said, “I’ll spend a month’s free cash on this. Let’s do it.” Two months go by, and he tells me he has good news. “Someone owns this. It’s not IBM or Microsoft. However, the woman thinks her domain is priceless.”

She had a deal for $850,000 a few years before that fell apart. So that number was this number in her head. My friend got her down to $450,000 — $200,000 upfront and $250,000 in one year. I thought it was a great deal. I was ready to do it. Then the woman slept on it, woke up, and said $800,000 upfront.

I was ready to pay a maximum of $500,000. My buddy told me we could probably get it for that price, but it would be a couple of years down the road. He asked me, is it worth an extra $300,000 to have it now? I’m like, you know what? It probably is. I bit the bullet and paid the $800,000. It was painful but worth every penny. I have not thought twice about it.

Bandholz: You now own Retention.com. How do you obtain visitors’ email addresses?

Robinson: We partnered with publisher networks for the identity info, which we capture and transfer to our customers. We’re the middleman.

The theory I’ve formed is from talking to many privacy attorneys. Tracking U.S. consumers online is not going away. The argument is whether consumers are aware that they’re being tracked. There’s no liability for brands with clear policies collecting visitors’ addresses. Visitors might not read the policy, but it’s there.

Email recipients rarely trace it back to us. Recipients sometimes ask why you’re emailing them. We have an elegant way of responding. It’s rarely a problem, but typically, the brand (our customer) gets one email daily from somebody asking, “Dude, why am I on this list?”

If they get mad, we show them the date in the URL of where they opted into the publisher network. That shuts them up.

Bandholz: What about spam rates?

Robinson: There is an industry-wide accepted hurdle of one in 1,000 or 0.1%. A merchant’s main list is likely well below that, especially if the company uses Klaviyo, which cleans up lists.

Folks unsubscribe. They complain. If you’re getting first-party opt-ins, the spam complaint rate is likely below 1%. Our emails will be higher than that —  maybe 5%. That’s not a problem because sending reputation is evaluated by looking at all the emails that go out daily, not just ours. It’s the total number of spam complaints over the total number of sends.

So even though our spam rates are more than they should be, it hardly changes anything if it’s only 2% of your emails. That’s the whole reason it works. You could think about it as email laundering.

Bandholz: Where can listeners support you?

Robinson: Our website is Retention.com. I’m on LinkedIn and @RetentionAdam on Twitter.

New TikTok Shop Spurs BK Beauty

Paul Jauregui had much to celebrate when he first appeared on this podcast in 2020. BK Beauty, the cosmetics company he co-founded with his wife, Lisa, had reached $1 million in sales in its first year. He returned in early 2022 with more good news: The company had launched a thriving affiliate marketing program and bypassed the Facebook ad meltdown from iOS 14.5.

He’s back, having surpassed a whopping $10 million in annual revenue, bolstered by early success on TikTok Shop. In this our third interview, he shares BK Beauty’s growth challenges, positive TikTok vibes, and more.

The entire audio of that conversation is embedded below. The transcript is edited for clarity and length.

Eric Bandholz: You’ve reached $10 million in annual sales in just four years.

Paul Jauregui: Yes. Three years ago, we were celebrating crossing the $1 million mark. Last week, we just crossed into eight figures. Managing that comes with challenges. We’ve learned a lot. Our business has three components at any given time — supply, demand, and delivery. Along the way, we’ve had supply-related problems, forecasting glitches, and inventory shortages.

On the demand side, paid customer acquisition was a big part of our recent growth. Going from $5 to $10 million in annual sales throws the supply equation out of whack. We’re doing fulfillment in-house, so our capacity to deliver goods and packages to our customers and get them out the door is reaching a level I never expected. Last month, we shipped over 20,000 packages. We have a daily baseline but still experience huge spikes with various events and launches.

Bandholz: You’re now selling on TikTok.

Jauregui: We’ve been on TikTok Shop for about a month and a half. These are the pioneering times. When we joined, it was before Shopify rolled out its native integration. We found some initial success. We were also onboarding into Amazon. We were midway through the process and working with Amazon’s emerging brands team. However, a few days ago I emailed Amazon to push that launch into 2024.

Instead, I need to focus on an area of the business that aligns more with our DNA. We’ve always worked with content creators on social platforms. TikTok Shop aligns well with that effort. We’re seeing a lot of success. It makes up about 15% of our total revenue on any given day, and that’s growing.

However, TikTok is spending a lot of money extending discounts to buyers on the platform — roughly 20-40%. We don’t pay for that. It drops directly to the bottom line. TikTok also offers free shipping, which goes into my pocket too. Both of those — discounts and free shipping — are helping with conversions.

There are many benefits to getting in now with TikTok Shop. We anticipate heavy promotions by TikTok during the holiday shopping period in three key areas: merchants, consumers, and content creators.

We’ve been running an affiliate program via ShareASale. That’s how we’ve compensated folks on platforms like YouTube. However, it was not easy to have an affiliate link on TikTok. There’s no description box below the videos, and not everyone goes into the comments. We would see a video on TikTok about us, and our YouTube organic traffic would surge because folks had to Google us to learn more and buy our products.

All of that now takes place on TikTok. Folks watching the videos can check us out right there. Before TikTok Shop, dozens of prominent creators on that platform talked about our products. But, again, there was no kind of clear path to buy. I looked at it as top-of-the-funnel awareness.

Now TikTok captures the actual transaction. The sales come from content creators talking about products they love. TikTok has enabled them to monetize that more effectively and share it with the consumers without leaving the platform.

One of our top videos on TikTok has about 1.7 million views. A content creator put it out a few weeks ago. It’s generated low five figures in sales and a good deal of commissions for her.

Bandholz: Is that process similar to Meta’s shops?

Jauregui: No. We’re on Facebook and Instagram shops. We have ads running on those platforms. But it’s not getting much of my attention. Ecommerce is a priority for TikTok. They have their own native affiliate program, checkout, and ability to create demand and awareness. There’s even a TikTok fulfillment. It’s all self-contained.

TikTok’s ecosystem is unique. Meta’s advertising platform is the world’s most efficient customer acquisition solution. TikTok has that, too, but it’s enabling creators to earn a commission, incentivizing them to produce more content. Meta creators don’t get commissions that I’m aware of — at least not in a straightforward way.

So our focus now is educating creators on TikTok and getting them onto TikTok Shop. Many creators have not tried it. To help, our team created a guide. We’re contacting creators already talking about us on TikTok. That’s where we see the most success.

Bandholz: Where can folks reach out to you?

Jauregui: Our site is BKbeauty.com. I’m @pauljauregui on Twitter. I’m also on LinkedIn. Reach out, and I will send you that guide.

For Manly Bands, Manufacturing Is Storytelling Gold

Manly Bands is a direct-to-consumer seller of men’s rings. The company launched in 2016 after John Ruggiero, the co-founder with his wife Michelle, couldn’t find a suitable wedding band.

This is Ruggiero’s second appearance on the podcast. In April 2021, we discussed the company’s founding, unique ring materials, and more. Since then, Manly Bands has acquired its manufacturer. The making of rings from, say, Jack Daniel’s whiskey barrels or Fender guitar strings creates compelling video, says Ruggiero, perfect for storytelling on social media and elsewhere.

The entire audio of our conversation is embedded below. The transcript is edited for length and clarity.

Eric Bandholz: Give us a rundown of what you do.

John Ruggiero: My wife, Michelle, and I started an online ring company called Manly Bands in 2016 to solve a problem of wedding bands for men. We were just married. I have large fingers and couldn’t find a ring that I liked that was not overpriced. My options were ordering from a catalog or having something custom-made.

I ended up buying from a website. The ring arrived in a flat mailer, with no box or customer service. It was a horrible experience by today’s ecommerce standards.

We got married, moved to Florida, and needed a job. We told ourselves, “We’re both entrepreneurs. Why don’t we create our own business?” We discussed the types of problems we’d seen and how to solve them. My ring experience came up, and we opted to try to solve it for other guys.

Our goal when we started was to pay rent. We thought making a couple thousand dollars a month from this would be fantastic. We considered it a lifestyle business, not high-growth. It was just Michelle and me in our garage designing rings and sending them out to customers. We had hit on something. Our message resonated with prospects.

Michelle and I make an excellent team. I come up with ideas, and she’s the implementer. A lot of our success goes to her creative mind. She names the rings and develops personas. She connects the rings to customers. Describing a ring solely as “eight-millimeter black” didn’t cut it.

We designed rings from unique materials, such as Jack Daniel’s barrels or special metals. The business took off. Since then, we’ve grown dramatically. We now have over 55 people in the Manly Bands family. About half of those are ring artisans who work in our recently acquired manufacturing shop in Utah.

Bandholz: When did you acquire a manufacturer?

Ruggiero: About a year and a half ago. We had been their customer for years, so we knew them well. Most of their business was wholesale, which didn’t interest us — going to mom-and-pop jewelers. They retained their wholesale customers and brand name. We acquired some of their assets and brought over employees.

Bringing on a manufacturing team has been one of the best things we’ve done. It’s been incredible to go out there and watch them make rings out of Fender guitar strings or metal from an M1 Abrams tank.

Bandholz: How does in-house manufacturing impact marketing?

Ruggiero: It’s been huge. Taking a camera to the other side of the office and filming the team using lathes to cut the metal rods or whiskey barrels into rings makes for incredible video. We have our camera crew out there all the time. We use that footage on our social media and in our ads and newsletters. We try to promote that because most companies in the men’s ring space don’t manufacture. They drop ship or order from overseas and then ship it out. But we want it to last a lifetime and be something people can take pride in.

We’ve had a lot of success with our military heritage collection, where we source unique military materials. We have the M1 Garand rifle stock, the wood part, from World War I. Watching our team put that in the lathe and cut a piece out for a ring is fascinating.

Our marketing for those rings talks about the history, the soldiers, where the weapon was used, and things like that. My wife and I studied filmmaking in college. We use our skills to educate and tell a story. For instance, I recently received an email from a customer who shared that his grandfather used to drive M1 tanks. The customer gifted one of those rings to his grandfather, and they had quite an emotional exchange. It’s nice to help customers connect with their past and create something meaningful.

Bandholz: Where can people buy a ring from you?

Ruggiero: ManlyBands.com. We have pictures on Instagram, too. I’m on Twitter and LinkedIn.

Batch CBD Masters SEO and Affiliates

Consumers are discovering the medicinal benefits of cannabis plants. Three college grads in Wisconsin saw the opportunity in 2018 when they launched Batch, a direct-to-consumer seller and custom manufacturer of products from CBD, the non-impairing marijuana and hemp extract.

Fast forward to 2023, and Milwaukee-based Batch produces CBD oils, gummies, and other products for itself and external brands.

I recently spoke with the three founders, all lifelong buddies, about launching the company, manufacturing products, acquiring customers, and more.

The entire audio of our conversation is embedded below. The transcript is edited for length and clarity.

Eric Bandholz: What the hell is Batch?

Dennis Mistrioty: Batch is a CBD company, mostly an ecommerce brand. We sell hemp-derived products (oils, gummies, topicals), THC items, and non-hemp goods (energy, gummies, hydration).

It is exclusively direct-to-consumer on the Batch-branded side. But we’re also a vertically integrated manufacturer. We have our own hemp farm. We extract oils for our hemp products and do the formulation, bottling, and fulfillment. We do that for Batch the brand. We’re also a contract manufacturer for other CBD companies and cosmetic skincare and topical-product brands.

Andy Gould: We were roommates in college and started Batch in 2018 as a manufacturing business. Our idea was to make products for external brands because CBD took the country by storm at the time.

Griffin and I had a background in chemical engineering. We thought we had a good idea of how to get a process up and running. Dennis, the business and marketing-minded person, would find the customers, and Griff and I would set up the operation. Those roles still hold. Griffin and I are on the operations, product development, analytical, and technical side. Dennis does branding, but the three of us dip our toes in every facet of the company.

Griffin Lynch: Everyone says not to start a business with your friends. But we’re very good friends, and it helps us because we trust each other. There’s a high level of accountability, almost to the point where you want to work extra hard not to let them down. I don’t see anyone taking advantage of this friendship. If anything, it’s the opposite.

Bandholz: Manufacturing sounds difficult.

Lynch: Our number two guy, Nick, handles all sorts of manufacturing tasks. You want manufacturing to be running in the background and not have to worry about it. But at the end of the day, that’s not what manufacturing is. It’s similar to ecommerce. Stuff breaks, and you have to fix it. That’s where I think our technical skills come into play. It is a headache that you don’t want to deal with, but at the same time, it is a great business. It gives us these great relationships, and I don’t think we would ever neglect that in any way.

Gould: It’s logistically complex. We have around 2,000 parts comprising all the ingredients and packaging components. For the first year or two, we were imbeciles, trying to keep track of everything in Google Sheets. We are bootstrapped, so we had to work and figure it out. Griff and I knew how to set up a manufacturing process but didn’t know how to scale one. We just dug our claws in. There are various software and tricks we had to learn.

Mistrioty: We partner with strong brands we want to work with. Because of that, we can give white glove treatment and provide those clients with anything they need, more or less. It makes doing business smooth and fun because we don’t like making money by angering folks. Having healthy relationships where customers are happy is more manageable, and we can passionately work on a project despite all these SKUs.

Gould: We’re not making products for brands doing $100 million a year. We specialize in 500 to 5,000 unit runs. So small runs. And that gives us a lot of nimbleness in manufacturing. We can handle 10 orders of 1,000 units better than one at 100,000. We’ve designed our manufacturing business to make a ton of  SKUs for a ton of brands. That turns out to be very helpful when 20 brands order at once.

Bandholz: Walk us through your customer acquisition strategy.

Mistrioty: We discovered our acquisition avenue from some of the brands we were manufacturing for. In 2018, before we knew the game, we thought they were superheroes because they were all over these lists when you typed in “best CBD oil” on Google. We thought, “Wow, we’re manufacturing three of the best CBD oils in the world right now.” We didn’t know what search engine optimization meant, let alone affiliate marketing.

By observing what they did, we started to learn a lot about SEO. Now, we have partners that occupy the first page of Google for every relevant keyword  — from “the best CBD gummies” to “the difference between hemp and marijuana.” Many of these are informational keywords, not transactional, but we want to be present anywhere a potential CBD customer could look.

That’s where SEO and affiliate combine. You can do that yourself with our own site, which we do, and we show up for less competitive keywords. But in an industry that is all forced to do SEO and affiliate — only recently has Google accepted CBD ads — it’s not easy to show up number one on Google for a keyword.

The alternative is to leverage the authority of various publications and be featured on their content with an affiliate structure. That’s where most of our acquisition comes from. It’s an excellent acquisition strategy because most customers know what they want and what CBD is, even if they don’t know everything about it. We have other types of affiliates, too, but they are more like traditional advertising.

Gould: We view the affiliate-in-SEO strategy as a digital real estate game. We buy digital real estate on Forbes, Healthline, Discover Magazine, and more. As folks search the internet for CBD-related info, they see us everywhere. It’s super hard at the start. You’re only going to appear in one or two places. Nobody’s going to recognize you. It took us two to three years to build up our strategy. Suppose you’re searching for “hemp versus marijuana,” “CBD versus CBG,” or anything related to CBD and THC. For those searches, an article or a link with our name will likely occupy two of the top three links on Google.

Bandholz: Where can listeners buy some gummies?

Lynch: Go to HelloBatch.com. We’re also on Instagram. If you’re in the Milwaukee area, feel free to stop by. We give tours of our facility regularly.

In-person Markets Spur Mountain Apparel Brand

In 2013 David Lindahl opened a sort-of public service Twitter account. Its purpose was to alert folks in his native Washington State when Mt. Rainier was visible, unobscured by clouds. He called the account Rainier Watch, as in keeping watch on that dominant landmark.

Fast forward to 2023, and Rainier Watch is a community, a website, and a manufacturer of mountain-themed apparel. The business is a side hustle to Lindahl’s day job as a web developer. But it may soon require full-time focus. Sales have increased dramatically, owing in part to in-person markets and local REI stores.

Lindahl and I recently spoke. We discussed the company’s origin, launching the apparel component, and the benefits of in-person selling. The entire audio of our conversation is embedded below. The transcript is condensed and edited for clarity.

Eric Bandholz: Give us a rundown of what you do.

David Lindahl: I run a small apparel company called Rainier Watch, inspired by Mount Rainier in Washington State. It started in 2013 as an online community, and it’s grown into an apparel brand, which I launched several years ago. I design and sell apparel and donate a portion of each sale to the national parks. I’m also a photographer, web developer, and a dad.

It started with me tweeting. Mount Rainier is this cool landmark here in Washington, and you can see it hundreds of miles away. However, it rains a lot, so the mountain’s not always visible. “The mountain is out” is a local phrase. So in 2013 I started tweeting on my way to work when the mountain was out, which only happens 50 to 75 days a year. It all snowballed from there. I hadn’t used Twitter before that.

I launched the apparel component in 2018 with no background in ecommerce, design, or websites. I’ve learned a lot and still haven’t scratched the surface of everything related to direct-to-consumer ecommerce. We’re a niche and geo-specific brand, and I’ve started to expand beyond Mount Rainier. I have stickers and hats coming soon for the other national parks here in Washington.

I do my own fulfillment. It’s been a small-scale operation — 200 monthly orders, more or less. This year has been different as we’ve grown, but we don’t have so many orders requiring us to outsource. We ship to all 50 states. It’s pretty cool to see all the mountain lovers nationwide. I try to add a personal touch to each shipment. I have customized packaging and packing tape, and I used to handwrite notes and draw mountains on the back of cards.

Bandholz: How do you maintain the passion for a side project?

Lindahl: It drives me. For years, I’ve gotten up at 4:35 a.m. before my day job. Most mornings, I work on the business, designing apparel and thinking of making beanies and hats. I enjoy it a lot. We’ve had astronomical growth this year, like a thousand percentage points, so that’s been cool. I love creating things and having a beanie I can hold as something I made or passed to a designer to finish.

Focus can be difficult. I have often fallen into the squirrel syndrome of chasing shiny objects. There are a slew of fun things to work on. I try to focus on a high return on investment and low effort, but I still struggle. It’s not easy, but I limit my to-do list. Making paper notes helps. I plan my week bullet style in a journal.

We’ve had a banger year. I’m not sure I can identify a single point that has led to the growth. Getting into REI several months ago has been huge. I’ve gone from zero stores to seven in less than six months. I’m in REI’s buy-local program. Our wholesale business went from zero to $10,000 a month. And D2C sales have nearly doubled. We’ve gone from 100 orders a month to, again, 200 or more.

Bandholz: You are doing in-person markets.

Lindahl: Yes. It’s been a good sales channel this year. I hired someone to run them for me a few months ago. He’s been fantastic. He’s been running upwards of five a month. It’s a work in progress — learning which markets are good and which aren’t, especially as they relate to our customers and the weather. In-person markets spike in the summer and around Christmas time. Many variables go into it — some markets bomb.

It’s a ton of work with much trial and error. This is the first year that I’ve outsourced the staffing. I hope we are somewhat profitable and it benefits him and me. At the end of the year, I see it as marketing. We’re getting our name out there.

A large percentage of folks prefer in-person shopping. Having a booth and REI presence are legitimizers. I often get emails or direct messages asking where someone can find our products. The website’s open 24 hours a day, but consumers want to touch, feel, and see things in person.

Finding the right markets is a process. There’s a lot of them in the area. We don’t have real winter here. There’s no snow. So markets run throughout the year. We talk to other vendors and learn which ones are good and which aren’t. The booth fees vary a lot. Sometimes it’s a night market and costs only $100 to enter. Other times, it’s a multi-day event for around $700.

It’s good to be there explaining the brand. Most people haven’t heard of us. I have my guy there telling our story and describing our products. I don’t see it as a huge profit center. It’s more exposing our name and hopefully turning a profit at the end of the year.

Bandholz: Where can listeners support you?

Lindahl: The website is RainierWatch.com. I’m @austriker27 on Twitter.

Build a Community, Says Sendlane CEO

Jimmy Kim founded Sendlane, an email, SMS, and reviews platform, in 2013. He believes the key to selling SaaS software is humanizing it. And for Kim that’s one-on-one engagement, often at in-person events.

“I always set a goal in an event of shaking everyone’s hand and saying hello. I’m not immediately after their business. I want them to think about me.”

In-person events are frequently Kim’s first step in building a Twitter relationship and a growing community.

He and I recently discussed those community-building strategies, competing with Klaviyo, and more. The entire audio of our conversation is embedded below. The transcript is edited for length and clarity.

Eric Bandholz: Who are you?

Jimmy Kim: I am the CEO and founder of Sendlane. We’re a unified email, SMS, and reviews platform for ecommerce merchants.

Bandholz: You’re active on Twitter. What’s your strategy?

Kim: I’ve had a Twitter account since 2009. For years all I did was garbage posts and retweets. I eventually quit the platform and rejoined in November of 2022.

Here’s my social strategy. Sendlane’s top competitor is Klaviyo. I produced our software and knew we could compete. But I didn’t know how to enter the market. Part of breaking into the market was gaining acceptance. I looked at Klaviyo’s platform. There was not a lot I could pick on. I looked at the ecosystem side; their partners love them. But there’s a third pillar — the community. It’s the content, education, brand, and the face of the company.

I saw that as an opportunity. I told myself, “That’s Klaviyo’s weak point.” That’s where my background came in. I used to be a content creator. I knew email marketing and once owned an ecommerce store. I can discuss this all day because I know how to do it. I decided to go into the market and start talking about it. The strategy was simple: get in front of everyone and make enough noise until someone recognized me or told others.

I started on LinkedIn, saw some traction, and then jumped to Twitter. I had more difficulty over there. You have to connect to others or get them to follow you.

Twitter has its own version of TikTok’s “For You,” and it just kind of feeds and populates. If you say something smart and a couple of folks like it or share it, suddenly the tweet takes off and shows up in others’ feeds. I got on Twitter and started to hammer down and get involved.

Bandholz: Then what? How did you connect with ecommerce folks?

Kim: I did the most rudimentary thing. I typed in keywords such as “email marketing,” “ecommerce,” “Klaviyo,” and “Shopify.” I started reading lots of tweets. Whenever I saw something relevant, I would like it and make sure I made a constructive post back.

I still do that today. It has become a habit. It’s not about original tweets. I do that two or three times a day, but the real goal is engaging with the community. Twitter users believe you through your responses, not your own tweets. That’s why engagement is vital.

You don’t have to do business or even like each other to be connected. You may think you’re talking to someone one-on-one, but many times there are a couple hundred folks reading those posts and lurking. It’s pretty cool how that effect works. I haven’t had a pivotal moment when I followed somebody. The pivotal moments were how folks found me.

I went to a Triple Whale event here in Austin earlier this year.  I paid my way into speaking on the stage because I knew it was a good group. They reserved me a spot around 4:00 p.m.

I needed to talk about something most folks don’t know enough about. I chose deliverability. I did a fantastic talk on that. Folks who were influenced in that room followed me on Twitter and started to repost about it, and everything started to snowball. This is how my social strategy developed in the last nine months — by attending as many live events and dinners as I could.

I always set a goal in an in-person event of shaking everyone’s hand and saying hello. I’m not immediately after their business. I want them to know that I came by and said hello. I want them to think about me.

That’s the goal. I sell software. It’s not a physical product or an impulse buy. It’s a huge change in a business. I humanize it and hopefully remove some of the trust barriers.

Anywhere you can create a place for others to communicate, that’s your community. Most brands do some level of community. But how do we make it better, more connected? Those are the questions I ask.

Every consumer or business owner has his or her own social preferences. Brands do, too. Some brands have huge Facebook groups — 100,000 members. It’s shocking. I could ask, “Who uses Facebook?” Well, 100,000 people do, all talking about this one topic.

Bandholz: Where can listeners support you?

Kim: Our platform is Sendlane.com. I’m @yojimmykim on Twitter. That’s where you’ll find me most.

Entrepreneur’s Advice on Frivolous Lawsuits

Accessibility is important to Beardbrand, my company. We respect consumers with disabilities and try to serve them. Still, we were recently sued for alleged violations of the Americans with Disabilities Act.

Stunned, I turned to a fellow entrepreneur whose company has dealt with frivolous lawsuits. I first interviewed Joel Runyon for this podcast in May 2022 when we discussed Impossible, his nutritional performance brand. In our recent interview, he shared his experience of getting sued.

The entire audio of that conversation is embedded below. The transcript is edited for length and clarity.

Eric Bandholz: I need your advice on lawsuits.

Joel Runyon: Lawsuits seem to find us; we don’t find them. Our company is called Impossible. We’re a direct-to-consumer brand selling nutritional drinks and supplements.

Many folks who file lawsuits are looking to shake you down for money. Entrepreneurs launch businesses because they want to change the world or create something. Someone should do something about frivolous lawsuits. Some of these suits self-perpetuate because plaintiffs know they can harass people until they get whatever amount of money they want. But most entrepreneurs want to do the right thing on the principle.

Bandholz: The person suing Beardbrand allegedly tried to buy our Sea Salt Spray, and she’s suing 50 other companies for what she says are violations of the Americans with Disabilities Act.

Runyon: If you want to stop her, there are different ways to scale it out. Initially, you have your lawsuit that you’re concerned about, and you’d like that to be over. Then you have this person going out and suing 50 people. She’s not likely the only person doing that. It’s a whole industry. It depends on what the goal of fighting it would be.

If you want to resolve the acute issue of your lawsuit, figure out what that payment is and have it handled. If you’re contesting this person and what she’s doing — batch suing people — that’s another thing.

Still, because it’s an ADA thing, plaintiffs can assert, “We have issues with many retailers.” They could make the argument that they’re just trying to be helpful.

Lawsuits can take years. You could win a case that is then appealed. That could add another year. So the time commitment is another thing to consider. Most entrepreneurs settle the suit and return to their business. They didn’t sign up to do lawsuits and spend time in court.

Occasionally a business will dispute the allegations and win. Cloudflare did that. It was sued by copyright trolls or similar. Cloudflare fought the charges and eventually won the case. It received much press attention because they were willing to fight for something they believed in. But it was also clear that the plaintiffs were patent trolls. That is what they do. It’s their business.

Bandholz: Finding a lawyer is just as important as the facts.

Runyon: The first thing I tell people when dealing with lawyers is to get a second opinion. You realize quickly that lawyers are an industry. One out of 10 is amazing, six out of 10 are okay, and some are bad. You think everybody should be a 10 out of 10. That’s just not the case. Lawyers have specialties. Make sure you’re niching down on whatever issue you’re dealing with, and talk to a bunch of people.

Most lawyers will give you a free 30-minute introductory call and offer feedback. If you talk to 10 people, you’ll get a consensus of what the middle range thinks. They’ll explain probable outcomes and give you averages. You might find some who have dealt explicitly with an exact case like yours and explain how they handled it. That is usually a good sign if they can speak to specifics, especially with other stuff they’ve done. You have to educate yourself. Take the five hours of phone calls as education.

Sometimes you can countersue. I’m aware of instances where someone went to court to try to take a domain name, and then because they didn’t have a chance, it was an abuse of the law, they could be countersued for damages and infringements. Only the top 10% of lawyers will file countersuits. Most are just going to list your range of options. But 10% set new case laws and create new precedents. Those guys are harder to find, and they’re expensive.

Bandholz: It would be nice to build a blueprint for how to fight these and not settle. That’s what I want to do.

Runyon: That would be an interesting template. It seems many accusers have a standard operating procedure for filing lawsuits. We need one for quickly fighting these suits. Even if you’re self-representing or having a lawyer, it would be interesting because you’re neutralizing their main weapon, which is the attorney fees you’ll have to pay.

Bandholz: Where can people follow you?

Runyon: Buy our products at Impossible.co, or learn more about what we do at Impossiblehq.com. Check me out at @joelrunyon on Twitter. I’m also on Instagram and LinkedIn.