CASL enforcement

As most people know, the Canadian Anti-Spam Law (CASL) went into effect July 1 of this year. This month, the CRTC concluded its first investigation.

A computer reseller based in Saskatchewan was placed under investigation by the CRTC after large numbers of complaints were made through the Spam Reporting Centre. The CRTC revealed that a server owned by the computer reseller sent millions of e-mail spam messages through Saskatchewan-based internet service provider, Access Communications. […] Exercising its discretion, the CRTC chose not to fine the business. CRCT Concludes First Enforcement

One of the biggest complaints about CASL was that innocent senders who just happened to inadvertently violate CASL would be hit with business ending fines. But the agencies tasked with enforcement have discretion. There are no minimum fines that they have to impose, they have discretion. Their first enforcement action demonstrates this. It would be easy for the CRTC to impose business ending fines on their initial case, as a warning to other senders. They didn’t do that.
CRTC has demonstrated they’re willing to work with businesses that violate CASL. That gives all senders a little bit of breathing room for the next 2.5 years. Come July 1, 2017, individual users can exercise their private rights of action against senders. The PRoA is really an unknown variable. How many Canadians are annoyed enough by unsolicited emails that they’re willing to take senders to court? I don’t really know.

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Yes, spam is actually still a problem

I hear a lot of people claim that spam isn’t really a problem any more. That filters are so good that the average user doesn’t see a lot of spam and if they do get “legitimate” mail that they can just opt out.
These are great sounding arguments, the problem is that those arguments aren’t always true.
There is an address I stopped using for commercial mail around 1997 and all mail around 2002. It still gets hundreds of emails a month.
Those hundreds of emails a month are despite the fact that the address is behind commercial spam filters. It’s been on “flamers lists.” It’s on the “do not mail” list that came with the “Millions CD.”
In addition, I am very open with clients (and their affiliates) that this is a “spam trap” address. I’ve handed it out to dozens and dozens of companies over the years describing it as my spam trap address.
In November 2013, I unsubscribed from every single email received at that account – at least those that had unsubscribe links.
What does the mail volume look like now?
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If anything unsubscribing made the volume problems worse. In the best case it lowered the volume briefly to something approaching 10 emails a day.
There are currently over 500 messages I’ve received so far in August. These are messages advertising companies like Laura Ashley, MetLife, Military.com, Quibids, Walk In Tubs, Sainsbury’s, Bloomburg, Fidelity, Oral B, Lasix Vision Institute, Virgin Broadband, ClickNLoan, Timeshares, iMotors, Walmart, oil changes, Experian, Credit monitoring, Life insurance, ADT, CHW Home Warranty, Health Plans of America, Bosley Hair Solutions, Jillian Michaels Online, restaurant coupons, credit cards, SBA loans, and that’s before we get to the Garcinia cambogia, herbal viagra and clearly fraudulent stuff.
This account, that hasn’t been subscribed to anything in more than 10 years is getting hundreds of unasked for emails a month, even with the benefit of commercial filters. It appears to be being sold or traded in multiple countries (Laura Ashley, Virgin Broadband and Sainsbury’s are all in the UK). I don’t want this mail. I have tried to stop getting this mail.
Yes, spam is still a problem.

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The DMA: Email marketing or spam?

A few weeks ago, I signed up for a webinar from the DMA. As is my normal process I used a tagged address. I don’t remember any notification that I would be signing up for mail, and I generally do look for those kinds of things. I also know a lot of webinars are used to drive sales processes and I prefer not to waste sales time if I’m not actually looking to purchase.
In recent weeks I have gotten an ongoing stream of marketing messages from the DMA. I’ve tried to opt-out, but the DMA don’t actually want me to opt-out. Each marketing message is a different type of message from a different list. Each list must be opted out of individually.
First it was Conferences, then it was Education, then it was Awards, then Events. I’m trying to figure out what’s next and how many more times the DMA is going to get to spam me before I just turn that address into a spam trap.
And before you tell me that I can’t make an address a spam trap, think about that a little bit. I never opted this mail in to receive anything but the webinar confirmation. I’ve dutifully opted out each and every time the DMA has mailed me. I’ve even tried to opt-out of all mail. Unfortunately, the DMA has placed the “opt-out of all mail” behind a registration wall, one I cannot get to as I do not have (or want) a DMA account.
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The DMA is sending me mail I did not request and do not want. They have made it impossible for me to determine how much mail I will get. They have made it difficult for me to opt-out of all their mail.
This is an example of bad email marketing. I’m sure that the DMA will tell me this is all permission based email. I disagree. This is an example of the DMA taking permission. This is not an example of a sender asking for permission. I didn’t give permission to be added to all these DMA lists, and I have no way to actually revoke the permission that they took from me.
I signed up for a second webinar with this email address, one related to CASL. The irony is that the DMA’s behavior here is a violation of a number of points of CASL. First, there was no clear opt-in notice on the website. Second, CASL requires parity between opt-in and opt-out. If I opt-in once then I should be able to opt-out once. CASL puts an end to this opt-in once, opt-out dozens of times process.
I wish I could say I was disappointed in the DMA. But I’m barely surprised. Their track record is poor and they have typically fallen on the side of “I have consent until you force me to acknowledge that I don’t.” In this case, the DMA is demonstrating that quite clearly. They will keep spamming and spamming and spamming. I have no doubt were I to actually register an account, they would continue to spam me with “account notifications” that I was unable to opt-out of because they are transactional, membership messages.

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Email saves trees!

The arrival of my first spam email was a bit of a shock. I’d been on the internet for years by that point and had never seen junk mail in my inbox. Of course, the Internet was a very different place. The web was still a toddler. There was no email marketing industry. In fact, there wasn’t much commerce on the web at all. Much of the “surfing” I did was using gopher and ftp rather than the fancy new web browser called NCSA Mosaic. To share pictures we actually had to send printouts by postal mail.
It wasn’t just getting spam that was memorable (oh, great! now my inbox is going to look like my postal box, stuffed full of things I don’t want), it was the domain name: savetrees.com. Built into the domain name was an entire argument defending spam on the grounds of environmental friendliness. By sending spam instead of postal mail we could save the earth. Anyone who didn’t like it was morally corrupt and must hate the planet.
Why do I mention this history? During a discussion on a list for marketers earlier this week, multiple people mentioned that email marketing was clearly and obviously the much more environmentally sound way to do things. I mentioned this over on Facebook and one of my librarian friends (who was one of the people I was email friends with back in those early days) started doing her thing.
She posted her findings over on the Environmental News Bits blog: The comparative environmental impact of email and paper mail. It’s well worth a read, if only because a lot of companies have really looked into the issue in great detail. Much greater detail than I thought was being put into the issue.
I shared one of the links she found, the 2009 McAfee study, with the email marketing group discussing the issue. (You may want to put down the drinks before reading the next line.) It was universally panned as marketing and therefore the conclusions couldn’t be trusted.
Anyone who pays any attention knows that nothing we do and none of the choices we make are environmentally neutral. Plastic bags were supposed to save trees from becoming paper bags, but turned into an environmental mess of their own.
Simple slogans like “email saves trees” might make marketers feel better, and may have gained Cyberpromo a strong customer base in the early days. But the reality is different.

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