Is Your Business Completely Compliant With The New Anti-Spam Legislation (CASL)?

Is Your Business Completely Compliant With The New Anti-Spam Legislation (CASL)?

CASL, canada's anti-spam legislation, new anti-spam legislation, casl exemptions, casl compliance, casl unsubscribe requirements, casl implied consent, casl compliance checklist, casl legislation, casl regulations

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RED ALERT: EVERY ONLINE BUSINESS IN EVERY COUNTRY IN THE WORLD IS ALREADY AFFECTED BY THIS ANTI-SPAM LEGISLATION!

Did you know that a brand-new “Internet Marketing law” is about to force every business in the world to change their email marketing practices?

CASL is the working name for the Government of Canada's new anti-spam law. The initials stand for Canada's Anti-Spam Legislation. However, the new Act does not only apply to spam. It regulates all commercial electronic messages (CEMs) that businesses and organizations send out.

Organizations that don’t comply risk serious penalties, including criminal charges, civil charges, personal liability for company officers and directors, and penalties up to $10 million.

Listen. 

It is no longer the case that you must proactively hack someone, steal someone’s identity, or commit some type of fraud, to earn a life-shattering sentence from the judge. 

Every day, businesses from all around the world deliver promotional emails to their subscribers and prospects.

But unless all businesses, worldwide, start to immediately comply with this brand-new “Internet Marketing law,” which most people don’t even know exists, a nightmare scenario could ensue.

CASL covers a lot more than e-mail, because the text of this law specifically states that it affects:

• ALL email addresses
• ALL instant message accounts such as Skype and Google Chat
• ALL phone accounts such as landlines, mobile and business voice lines, and
• ALL social media accounts such as Facebook, Twitter and Instagram, and even linkedin.

CASL will come into force in three stages:

• July 1, 2014: the anti-spam provisions come into force and the three year transitional period begins
• January 15, 2015: the consent and notice rules for installation of computer programs come into force and the three year transitional period for computer programs begins
• July 1, 2017: the private right of action comes into force, the transitional period for commercial electronic messages ends and the three year mandatory review for CASL will be triggered

Because on July 1, 2017, the Canadian government will extend the power to enforce this law to every citizen of Canada, allowing ANY individual to SUE ANY ENTITY they merely believe is sending spam messages. You don’t have to be a spammer to be called one. 

There are new consequences for spammers, including fines of $1-10M per violation. It's important to note that individuals and companies, including directors, officers and other agents, are responsible and liable for the messages they send.

After July 1, 2017, any individual will also be able to sue any entity they believe is sending spam messages. 

In many cases, i-AutoResponder's Terms of Use are more strict than what's outlined in CASL, particularly regarding third-parties and implied consent. As a rule of thumb, you want to have written permission from every subscriber.

Sticking to i-AutoResponder's policies is not only required, it also helps improve your campaign deliverability and subscriber engagement. Here are some of i-AutoResponder's Terms that differ from CASL.

• Customers must have made a purchase within the last 12 months. Inquiries without a purchase don't count as permission.
• Family members and friends still need to provide written permission.
• Nonprofit organizations, political groups, and courts still need to secure written permission from recipients.
• Referrals and published email addresses are considered third-party, and therefore, not allowed.
• Oral agreement to receive messages does not qualify as permission. 

In addition to understanding what qualifies as CASL-regulated message, and what type of consent is needed, there are a few other details to keep in mind.

• You must retain a record of consent confirmations.
• When requesting consent, checkboxes cannot be pre-filled to suggest consent. Each subscriber must check the box themselves for consent to be valid.
• All messages sent must include your name, the person on whose behalf you are sending (if any), your physical mailing address and your telephone number, email address, or website URL.
• All messages sent after consent must also include an unsubscribe mechanism, and unsubscribes must be processed within 10 days.
• You must provide a clear, and free, link for the recipient to 'un-scubscribe' and if they click on that link they should immediately be removed from your email list and you should never send them another email.
• Your email message must have an accurate 'from' heading where you put in your name or the name of your company.
• Having an 'opt-in' list is probably your very best defense against being accused of spam. This method will encourage your website visitor to sign up to receive your emails. They are giving you permission to send them emails. In order to get them to sign up to your list you can offer them an incentive such as a free report or a multi part mini-course that they will receive over a period of a week or so.  Whatever you offer them to get them to sign up, make sure it has real value to your subscriber. Take a little time and develop a report that has some real value and substance to it.

Here's the full text of the law, if you're into that sort of thing.

Businesses should wake up and ensure that they have complete understanding and interpretation of the Canadian Anti-Spam Law as well as have appropriate processes in place to be in full compliance.
If you take the time to find out what all the regulations are and then you follow them, you will be in compliance and you will be able to add a lot of customers to your business which will eventually lead to a lot more sales, and that's what we all want.

Launching an effective auto-responder campaign can mean the difference between a struggling business and a wildly successful one.

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