Prior to Canada’s Anti-Spam Law (CASL) implementation we wrote a helpful post about 10 things you should know about CASL. motum b2b then battened down the hatches after implementing our own CASL strategies and kept our eye on the Government of Canada’s News Releases page for news of any violations.

After months of waiting, the first fine has been issued by the CRTC to a company called Compu-Finder, amounting to $1.1 million (CAD) late last week. We repeat: $1.1 million! Certainly not chump-change for not following CASL.

This is a real wake-up call to anyone sending marketing emails to Canadian prospects. While the prospect of getting a fine is scary, we wanted to slake your fears with some helpful guidance.

Here are 5 easy steps to avoid these fines and make your marketing CASL compliant:

  1. Gain explicit consent or leverage an existing business relationship (this person purchased a product or service from you) before you email a prospect.
    • How should you do this?
      • Have an un-checked, opt-in box on all web forms
      • At a tradeshow, have a placard that includes consent (legal) jargon, physical address, and a note informing prospects they can unsubscribe. Any business cards or electronically scanned badges will then be considered explicit consent.
  2. Pre-checked boxes are against the law.
    • Reason you should get explicit consent:
      • Paper trail
      • It is good until it is revoked
  3. The grandfathering period for existing customers only applies to your database prior to July 1, 2014 (CASL’s implementation date). Any prospect obtained after implementation requires explicit permission. 
  4. Be sure to include your physical address on all outgoing mailings.
  5. You must include a working unsubscribe mechanism in all outgoing mailings.
If you have any questions or need help with CASL, please contact us and we’ll be happy to guide you in the right direction.

Categories: Blog

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