(Caveat: I am not a lawyer, nor have I played one on TV. However, I am a law graduate and have passed a bar exam once upon a time, so my reading of the law is based on that background. Please consult with a media regulatory lawyer for any compliance issues or questions with this law). The Canada Anti-Spam Legislation, or CASL, goes into effect today, July 1, 2014. It is Canada’s attempt at limiting the amount of online spam people in Canada receive. CASL affects any advertising done over SMS, text messaging, email, or voicemail to anyone in Canada. The penalties for failing to follow the law are steep – up to $1 million in fines for individuals and $10 million for other persons – and any company wishing to advertise to someone in Canada will be impacted, even if you are based in the US. What do you need to do to be in compliance?
- You must have implied or expressed consent from the consumer to advertise to them.
- You must clearly identify yourself and anyone else on behalf of whom the message is sent.
- In every message you send, you must provide a way for the recipients to unsubscribe from receiving messages in the future.