If you send commercial email or texts to Canadians, your liability for non-compliance can range from $200 per email to $1,000,000 per day.
What is CASL?
Canada’s Anti-Spam Legislation (“CASL”) became effective on July 1, 2014. It is one of the most restrictive anti-spam laws in the world. Unlike the U.S. CAN-SPAM Act that is an “opt-out” framework, CASL enforces an “opt-in” policy. CASL prohibits all commercial electronic messages (“CEMs”), including email and text, that are sent without proper consent. Anyone, including US-based businesses, that sends a CEM to a consumer in Canada is subject to CASL. The Canadian Radio-Television and Telecommunications Commission, the Canadian Competition Bureau and the Office of the Privacy Commissioner of Canada (“Enforcement Agencies”) are all empowered to enforce and issue administrative and monetary penalties for violations of CASL.
For more information on CASL, download:CASL WHITEPAPER
CASL litigation will likely increase.
While there have been an number of CASL penalties to date, they have been limited since they must be administered through one of Canada’s enforcement agencies. However, private right of action goes into effect as of July 1, 2017. This means individual Canadians can take you to court if they feel you have violated the rules.
Documenting consumer consent is an essential part of your CASL [or TCPA] compliance program. When you’re facing a CASL [or TCPA] claim, the best way to shut opposing counsel’s mouth is to provide rock-solid proof of consent. Without this, companies can spend tens of thousands of dollars in legal fees defending bogus claims. Document consumer consent now; save legal dollars later.Slade Cutter, Partner, Wittliff Cutter Austin, PLLC
Consent is the Key to Compliance
To send commercial electronic messages to Canadians, you must have their CASL-compliant express or implied consent. From a marketing perspective, you will typically need express consent, as the implied consent scenarios are limited. Obtaining and documenting express consent from consumers is the most effective way to comply with CASL regulations and avoid costly litigation; it’s also good business.
The challenge is how do you properly verify and document consent? Maintaining a reliable and consistent system for recording proper consent that will hold up under legal scrutiny presents a significant challenge for many marketers. ActiveProspect has solved this problem with TrustedForm, our lead certification solution.
Verify & Document Proof of Consent with TrustedForm
TrustedForm is the ultimate solution for CASL compliance:
Independent Proof for All Lead SourcesAs an independent third party, the data collected can’t be manipulated by anyone, so it is evidence that can be trusted. In addition, it works on your own sites and the sites of your lead partners. It is used on thousands of websites.
Proof of Compliance for Every LeadTrustedForm issues a unique certificate for every opt-in email. This certificate provides independent proof of when and where the email was collected. The Certificate URL is stored with the lead in your database.
Verify Compliance Before You CallWith our pagescan feature, TrustedForm Certificates can be checked in real-time to verify that your required consent disclosure language was present on the form. If the consent language wasn’t present, the lead can be rejected in LeadConduit or sent to an alternative manual dial process.
Easily accessed and easily sharedTrustedForm certificates are immediately accessed by clicking on the TrustedForm Cert URL stored with your lead. Simply email the interested third parties to immediately address complaints. They are stored in your account as long as you want them. Proof of consent should be maintained for a minimum of three (3) years to avoid liability under CASL.
VideoReplay: the highest level of proofTrustedForm captures a copy of the webpage and all of the user’s interactions, including text typed into form inputs, mouse movements and clicks.
See it in Action
Don’t take our word for it, check it out for yourself!