February 21, 2024

Startup competitors don’t usually compete in plain sight, but that was the case with mobile messaging service Postscript, which went live earlier this month after receiving a cease and desist letter from rival Attentive. Twitterverse.

careful letter is to respond customer case study Postscript wrote and posted on its website about nutrition company BUBS Natural, which said BUBS Natural left Attentive after discovering that its listings were actually shrinking rather than growing, and then fought the company to remove its listings from its removed from the platform.

In its letter, Attentive asked Postscript to stop publishing “false, misleading and deceptive claims” in these published materials, calling on Postscript to stop publishing these claims.

Asked afterward what happened between the two companies, Attentive responded via email through a spokesperson: “Unfortunately, Postscript has a history of false claims and fraud. made inaccurate statements, we have sent multiple cease and desist letters, and they have acknowledged and corrected those statements. We also filed a federal lawsuit against Postscript in January 2023 alleging persistent and willful violations of our two patents for sub-mobile technology that revolutionized the ability of brands to add customers to their SMS lists in a compliant manner.” (Attentive shared a copy of the complaint with TechCrunch.)

Some of the “contradictions” between the two may seem tricky to outsiders. For example, Attentive’s termination letter complained about Postscript Marketing’s timeline, which said former client BUBS Natural was Attentive’s client for three years, while Attentive said BUBS was client for about half of the three years.

In response to the Attentive letter, Postscript co-founder Alex Beller published an angry tweet, said Postscript had heard from Attentive before, and called the company a “bully.” He also issued a “full response” in an attempt to strike a more measured tone.

Read the response: “Postscript takes your allegations seriously and provides a substantive response below. But it’s also important to note the broader context in which Attentive makes these allegations. Postscript has gained ground in the market. It has also recently drawn attention to Concerns about the reprehensible practice that some SMS platforms in the industry are engaged in: holding customers’ proprietary SMS lists hostage to prevent or interfere with customers’ attempts to switch providers. With these circumstances in mind, Attentive’s attention to increasingly weak laws The asserted assertion appears designed to bolster recent market underperformance and distract attention from its own unfair competitive practices.”

Russell Weaver, a law professor at the University of Louisville, spoke to TechCrunch about the avenues Attentive must go through to protect itself from overt slander or slander. One is to sue, which Weaver said is more complex and often leads to further scrutiny or defense of the company. The other is to try to stop the route like Attentive does.

Meanwhile, Postscript’s strategy appears to be working. In response to one of Baylor’s tweets on the matter, one attentive customer said he might switch suppliers. BGC (@Bryan_Clark_) tweets“It makes me want to move from careful to epilogue. I wonder what the ROI of this post will get you guys.”

When asked if it actually had an impact, Postscript responded via email that it “doubled its ‘win rate’ on Attentive in the last quarter.”

Meanwhile, TechCrunch spoke with BUBS Naturals co-founder TJ Ferrera about not seeing the promised subscriber pick-up. Regarding making a switch that may have drawn more attention than he expected, he said he has no regrets.

“On the one hand, small players don’t know how to play the game,” Ferrara said. “On the other hand,” he said, referring to Attentive, “you have a 400-pound gorilla that’s holding people’s information hostage.”

When Ferrara requested custom data from his account for the data holding allegations, Attentive responded within six business days, and subsequent requests were answered within an hour. Moreover, its “policy with customers makes it clear that customers own their data.” Attentive facilitates the export of subscriber lists upon client request and endeavors to provide these lists in a timely manner in accordance with our contractual agreements. “