Government having 2nd thoughts about "private right of action" in CASL

Part of the next phase of Canada's anti-spam legislation (CASL) has been postponed in the face of nervous lobbying by industry.According to a report in the Globe and Mail, the federal government has frozen the provision as of July 1 allowing consumers to take individual legal action against businesses for violating the act. And the government has asked that a parliamentary committee review the legislation; this may wind up doing away with individual lawsuits, although retaining other provisions and prosecutions already in force. 

CASL came into effect in 2014, requiring marketers to have consent to send electronic messages to consumersand  empowering the CRTC to impose fines of up to $10 million for businesses offending the act. Starting in 2015, marketers had to ensure their apps wouldn't infect recipients systems with malware. The July phase this year would have allowed people and organization to take violators to court and seek damages.

Publishers and industry associations were among those lobbying against imposition of some aspects of the law such as "private right of action" because it complicates normal and longstanding direct mail practices on which magazines have relied.However one part of the law that will continue to take effect on July 1 is the end of a three-year grace period for companies to prove they have consent to contact everyone on their marketing lists.

Publishers getting educated about their responsibilities under anti-spam legislation

As the New Year approaches, so does awareness of the expanding impact of the Canadian anti-spam legislation (CASL). Until now, the emphasis has been on direct marketers (in our case, publishers) that may contravene the legislation's prohibitions about using reader data without explicit permission. Come July 1, 2017, however, the law's reach will include the ability of individuals to sue people who send them messages without permission, the so-called "private right of action". 

In an effort to educate the industry about CASL, a seminar called “The Publishers’ Guide to CASL Compliance” is being offered on Wednesday, Nov 23 from 3:00 to 5 p.m. at the Toronto offices of Fasken Martineau DuMoulin, 333 Bay Street, Suite 2400. The seminar is presented by The Direct Marketing Association of Canada (and sponsored by Equisoft, Magazines Canada, CMC, CCAB, Alliance for Audited Media and Newspapers Canada.) The general admission fee is $75 ($50 sponsor/member rates.)                                                             

The presenting panel will be comprised of Derek Lackey, president of the Direct Marketing Association of Canada; Andrew Nunes of the privacy practice with Fasken Martineau DuMoulin; Adrienne Rutherford, media lawyer; and Vesna Moore, director of circulation & CASL compliance officer at Annex Business Media.

First anti-spam ruling issued by CRTC; a bracing $1.1 million fine

The first fine has been issued under Canada's ferocious anti-spam law (CASL). According to a story from Canadian Press, a company called Compu-Finder has 30 days to contest a ruling by the Canadian Radio-television and Telecommunications Commission or face a penalty of $1.1 million. Its offence was sending commercial e-mails promoting corporate training courses to consumers without the recipients' consent and without allowing recipients to unsubscribe from the mailings.
Related posts:

• CRTC issues first bulletin telling businesses how to comply with anti-spam legislation
• Anti-spam legislation and opt-in provisions will likely be challenged in court by summer's end
• 'Getting ready for anti-spam legislation's impact on precious mailing lists
• Anti-spam legislation going ahead in July, without addressing some industry concerns
• Will anti-spam legislation endanger magazine gift subscriptions?

TC Media publishes free article on how to live with anti-spam legislation

Some digital marketers experienced 40 to 70% churn in their databases when they sent reconfirmation messages trying to meet the requirements of Canadian Anti-Spam Legislation (CASL), according to a paper being distributed free by TC Media. The paper, "Suffering from Post-CASL Database Withdrawal?" by Ryan Moss, director of 1:1 Messaging and ISP Relations at TC Media, is one of several items about CASL in its resource section.

Moss says that experience with some TC Media brands such as ELLE Canada had a happier outcome, with an attrition rate of 18%, but increased opening rates. The paper sets out three steps to remaining CASL compliant and yet increase the (for instance, subscriber) database. 

BPA/CCAB offering service to help companies comply with anti-spam legislation

Publishers who continue to be alarmed/overwhelmed by the provision of CASL, the Canadian Anti-Spam Legislation, may be looking to third parties to help them navigate the shoals in this, the most stringent anti-spam legislation in the world. Coming into force July 1 and whose compliance requirements come into full bloom within three years, CASL poses a threat to the way publishers deal with existing customers and seek out new ones through such devices as direct mail and e-letters. At least in theory, failure to comply with CASL guidelines can result in significant financial penalties, including major fines. 

A division of BPA Worldwide/CCAB, well-known as a circulation auditor, is offering a new service called CASL-Guard which suggests it could reduce the risk. According to Richard Murphy, senior vice president, technology assurance, at BPA, a CASL-Guard third-party review can demonstrate that an organization exercised due diligence to prevent a violation. 

“Implementing a CASL compliance program, assessed by an independent review, can mitigate an organization’s liability in the event of a CASL infraction,” Murphy added.

Auditors will interview staff, examine documentation and test compliance. Companies that successfully complete the program will receive an iCompli CASL-Guard seal to promote their “certified” status.