June 24, 2014 – As most people involved with email marketing are aware, parts of Canada’s Anti-Spam Legislation (CASL) are scheduled to go into effect on July 1, 2014. LashBack’s focus is to provide actionable intelligence to our clients about commercial email being sent to consumers and we have long been advocates for the use of best practices.
We strongly urge any email marketer to consult with counsel about whether steps need to be taken ensure compliance with CASL. If you are sending messages covered by the law, one of the most significant adjustments is the requirement that a consumer opt-in to receive messages, as opposed to CAN-SPAM’s out-out approach.
Beyond the topic of consent, we believe that many of the components of CASL align with the best practices that LashBack has advocated over the years and that many of our clients use as part of their email monitoring. In addition to CAN-SPAM minimum requirements such has non-deceptive subject lines and honoring unsubscribe requests, the LashBack “best practices rule set” includes checks for two valid postal addresses (not contained in remotely hosted images), two opt-out addresses (not contained in remotely hosted images) and the use of a publicly registered sending domain. We strongly encourage any clients not using these best practices to consider adding them to their email monitoring.
LashBack is always seeking opportunities to assist our clients and, as such, we have implemented a number of additional measures designed to help our clients identify when their messages are likely to be subject to CASL’s requirements. Of course, no one can capture every message being sent or know exactly how the new regulations will be enforced, but we believe that the use of best practices with regard to consent and sending, and the active monitoring of messages being sent on your behalf is the best approach to an evolving but effective marketing channel.