CASL and existing opt-in addresses

The Canadian Anti-Spam law takes effect this summer. EmailKarma has a guest post by Shaun Brown that talks about how to handle current opt-in subscribers under the law.

Express consents, obtained before CASL comes into force, to collect or to use electronic addresses to send commercial electronic messages will be recognized as being compliant with CASL. What does “grandfathering” mean under CASL

The question a lot of people seem to have is what does express consent really mean? Shaun answers that question, so go read what he has to say.

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Increasing engagement for delivery?

I’ve talked a lot about engagement here over the years and how increasing engagement can increase inbox delivery.
But does driving engagement always improve delivery?

Take LinkedIn as an example. LinkedIn has started to pop-up a link when users log in. This popup suggests that the user endorse a connection for a particular skill. When the user clicks on the popup, an email is sent to the connection. The endorsement encourages the recipient to visit the LinkedIn website and review endorsements. Once the user is on the site, they receive a popup asking for endorsement of a connection. Drives engagement both on the website and with email. Win for everyone, right?
I get lots of these endorsements, but I’ve had a few that have made me wonder what’s really going on. Are these people really endorsing my skills? If they are then why am I getting endorsements from people I’ve not seen in 15 years and why are some of the endorsed skills things I can’t do?
This morning I asked one of my connections if he really did endorse me for my abilities in Cloud Computing. His response was enlightening.

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Opting customers in to new programs

Recently, I started getting “1 sale a day!” emails from buy.com. I’ve made purchases from Buy in the past and generally have been content to get emails from them. They’re not always relevant, but hey, it’s relatively non-intrustive marketing.
When they started this new program, they just started mailing: no warning, no introduction, nothing. So I decided to opt out of this mail.
Buy.com has a preference center, and while I was there, I opted out of all email marketing. Why? Because a company that is going to randomly add me to new (daily!) marketing lists is a company I don’t trust any more.
A lot of folks have complained about Amazon doing the same thing. Amazon started a daily deals program and opted in a lot of people without warning, without introduction and without permission.
I get why companies do this. It’s a lot easier to ask for forgiveness than permission. It lets them sell things to people who might never opt-in to that program. And in many areas of direct marketing, consumers have no rights to make the marketing stop. They have no tools to make the marketing stop.
Email is different from many direct marketing channels, though. Many consumers have the tools to make mail stop (filters, this is spam buttons, changing their email address completely) and they do take advantage of them.
Given a marketers job is to extract as much revenue from customers as possible, they can’t respect recipients. They have to treat them as money dispensing machines. But at least in email recipients have some ability to opt-out of the transactions.

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Canadian anti-spam regulations

Canada passed an anti-spam law in 2010. Implementation of this law (CASL) were initially scheduled to go into effect in 2011. That deadline has passed and it’s not looking good for a 2012 date, either.
Canada’s Radio-television and Telecommunications Commission is the agency responsible for enforcement and rulemaking. This week they published 2 bulletins to help guide companies on how to comply with the law.
Guidelines on the use of toggling as a means of obtaining express consent under Canada’s anti-spam legislation
Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC)
The bulletins themselves offer examples of acceptable and unacceptable ways to acquire consent and process unsubscribes. I encourage everyone that sends mail into Canada to go review them. I’ll be writing about the regulations after I’ve taken some time to digest the recommendations.

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