To be honest I was going to start this post a little smug, rubbing it in that we warned you about CASL’s impending arrival years ago. Recently though, it was announced that the Force of Private Right of Action is delayed!
No idea what I’m referring to? 3 years ago we published a blog post about everything you should should know concerning CASL – the Canadian Anti Spam Legislation – a law that was supposed to come into full effect on July 1st, 2017.
Individuals were going to be able to take private action (file lawsuits) against corporations incorrectly communicating with them electronically, and each violation was to be subject to $1-10 million in fines! Although individuals can no longer file the lawsuit – auditors still can.
Urgent CASL Information: You’re at Risk!
Before you breath a sigh of relief, remember that your business isn’t in the clear. You are putting your business at risk by not being CASL compliant.
We recommend that retailers achieve compliance. Not only do consumers hate spammers but, you are still subject to legislation and laws in the countries you sell within!
#1 – No one likes spam.
#2 – You’re spamming people and missing out on potential revenue.
#3 – You can still get fined!
#4 – Now’s your chance to change.
If you run a commercial business that uses an electronic channel to promote or sell your products and services, we recommend that you achieve CASL compliance immediately.
Being compliant will mean that you are following email and other digital marketing best practices – saving your business time and money, and winning the hearts of consumers online!
Are you CASL Compliant?
Now’s the time to ensure you aren’t violating any of the terms of CASL by promoting you business through (CEM) commercial electronic messages (not just emails). Companies outside of Canada who sent electronic messages to a computer or device in Canada have to also be in compliance with CASL.
Remember the key is to have Express Consent, implied consent is the bare minimum requirement.
We created a short checklist to test whether your business is in compliance! Fill in the form below to download our free checklist with examples of real email footers:
What the Heck is a CEM?
A Commercial Electronic Message (CEM) can include any of the following, and encourages participation in any “commercial activity”:
- Text messages
- Email marketing
- Instant Messages
- Direct Messages
Examples of CEM usage by retailers can be:
- An email to promote a sale on your products.
- Support provided through IM to customers.
- Text messages to verify accounts.
- Twitter direct messaging to communicate with customers.
- An abandoned cart email to re-engage a customer on your site.
You CAN get Fined!
Some corporations have already been penalized for sending consumers unwanted emails. In 2015 Porter Airlines was fined $150,000 for sending emails lacking a clear unsubscribe option, or without one all together!
Congress enacted in 2003 the federal CAN-SPAM Act, which explicitly preempted state laws seeking to ban or regulate spam.
Anti-spam class action lawsuits in the U.S. have already been business, hitting companies like Uber and Twitter.
You have to follow any international laws or legislation that apply to your contacts. It doesn’t matter where your business is based!
– Fines are already happening: Some corporations have already been penalized for sending consumers unwanted emails. In 2015 Porter Airlines was fined $150,000 for sending emails lacking a clear unsubscribe option, or without one all together! Even companies like Uber and Twitter based in the U.S. are being hit with anti-spam class action lawsuits. It doesn’t matter where your business is based! You have to follow any international laws or legislation that apply to your contacts.
Get Compliant Now! – Download our free checklist by filling in the form below: