Posted by Stuart Jansen on June 29, 2015
Sure, it's easy to say that "we're CASL compliant enough" and "who's going to complain?", but is it worth a $150,000 fine? If you haven't already, this would be agood time to audit your e-mail practices to ensure that you are completely CASL compliant. Here are 3 simple ways you can avoid making Porter Airline's mistakes and avoid a $150,000+ fine:
1) Have an Obvious Opt-Out Button: This is a clear requirement of CASL compliance, as you can not force customers to receive emails against their will. It is very easy to include and track an unsubscribe button on all your company emails. Don't worry about having all your customers opt out of your mailing list, because if someone opts out of your list, they probably never had any value to you in the first place. Customers who are interested in your brand won't opt-out.
2) Document Specific Proof of Consent: Every single person on your email list should be categorized as "implied" or "express" consent. You should have the exact date of consent, and how you gained that consent. In a court of law "we only add customers who have opted in or interacted with us" doesn't hold up as well as "John opted-in to our list on June 16th, 2015 from our summer sale event".
3) Train, train and train some more!: Ensure that employees at all levels of your organization are trained on proper CASL compliance. It doesn't matter if the email was sent by the CEO or a summer intern, in the end, the company as a whole will suffer!
For more details on Porter Airline's fine, check out the article in the Globe.