The Web For Business.com Blog

Internet marketing observations, perspectives, tips and tricks for your education and enlightenment.


What does a lawyer have to say about @ss backwards CASL requests?

Mark Kawabe - Thursday, June 26, 2014

CASL Anti Spam LawCASL compliance season is upon us!

There has been a flurry of email activity as companies rush to be compliant with the new Canadian Anti Spam Law (CASL) which comes into effect July 1, 2014.

Some companies are apparently in such a rush that they're not paying attention to what the law says about getting express consent.

I've received a number of emails telling me that if I don't unsubscribe right then and there that I will be deemed to have provided express consent to receive more mailings.

This is backwards and it is specifically what CASL is designed to avoid.

COMPANIES CAN NOT USE NEGATIVE OPT-IN METHODS TO GAIN OR RETAIN SUBSCRIBERS TO THEIR LISTS.

I had a chat with a lawyer at Mills & Mills, LLP in Toronto who has fielded a flood of inquiries prompted by the introduction of CASL. She confirmed that companies who use negative opt-in methods are not getting express consent.

For those who are doing it "right" (which means by requiring your potential recipients to take a positive action like a click to confirm they are opting-in), my congratulations to you.

To the rest of you, please read this or our very own CASL presentation.