CRTC fines Compu-Finder $1.1 million for CASL violations

The Canadian Radio-television and Telecommunications Commission (CRTC) is the principle agency tasked with enforcing Canada’s anti-spam law. Today they issued a Notice of Violation to Compu-Finder  including a $1.1 million dollar fine for 4 violations of CASL. The violations include sending unsolicited email and having a non-working unsubscribe link. According to the CRTC, complaints about Compu-Finder accounted for 26% of all complaints submitted about this industry sector.
This is the first major fine announced under CASL.
One of the first things that jumped out at me about this is the action was taken against B2B mail. There are a lot of senders out there who think nothing of sending unsolicited emails to business addresses. In my experience, many B2B senders think permission is much less important for them than B2C senders. I think that this enforcement action demonstrates that, at least to the CRTC, permission is required for B2B mail.
The other thing that jumped out is that given the extent of the complaints (26%) the financial penalties were only slightly more than 10% of the $10M maximum penalty. It seems the CRTC is not blindly applying the maximum penalty, but is instead actually applying some discretion to the fines.
I’ve looked for the actual notice of violation, but haven’t been able to find a copy. If I find it, I will share.
 
 
 
 

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Three great articles on CASL.

HT: Neil Schwartzman

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January 2015 – The Month in Email

It’s February already! January went fast, right? At WttW, we are gearing up for MAAWG SF later this month — will we see you there?
We started the year with a set of predictions about email. Mostly we think email will continue to be great at some things and not-so-great at other things, and we’ll keep fighting the good fight to make it better.
As always, I’m interested in filters and how spammers continue to work around them to reach the inbox. I also wrote about how the language of an email impacts delivery, and wrote an expanded response to a comment suggesting email filters should be illegal. You can guess where I stand on that (and if you can’t, perhaps you might read more about how email is an inherently malicious traffic stream…)
I also took a moment to point out a trend I’m really enjoying, which is the rise of content marketing (a.k.a. giving customers useful and interesting information they can’t find elsewhere). As I said in the post, I’ll be curious to see how ROI plays out with this strategy.
We also talked about some of the less exciting content we see in email, notably the infamous Murkowski Statement, by which a spammer declares “Nope! Nothing to see over here!”
Steve also pointed out some content shenanigans in the form of hidden preview text, with some additional clarification from the original marketer in the comments.
In industry news, the big story was that Microsoft has partially implemented DMARC for Office365, and was the first to make a public statement about the specific ways they’ve chosen to implement. In my post, I did a walkthrough of a message to illustrate a bit about how this works, which might be useful if you’re trying to wrap your head around DMARC implementations.
We also talked about consolidation in the ESP space, and got a number of comments from readers about who they think might be next. Shortly thereafter, Listcast was acquired by MailerMailer.
Josh noted a few major shutdowns: Yahoo China email services and the AHBL list. The latter explores the challenges inherent in decommissioning a blacklist, and there’s a good discussion in the comments, so you might check it out if you missed that earlier this month.
Josh also pointed to the Salesforce State of Marketing report, which is always a useful set of metrics about how marketers are using email and other channels. It’s definitely worth a read.

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Language as filtering criteria

A few months ago I was working on a delivery audit for a client who sends mail in multiple languages. We discovered that the language of an email has a significant delivery impact. The same email in different languages was delivered differently, particularly at Gmail. Emails in a language I don’t normally receive email in were delivered to my bulk folder.
Other folks have commented on similar things. Some filters really do look at preferred language of the recipient and treat mail in other languages as problematic. I don’t think that’s unreasonable. I do get a lot of foreign language spam and there’s no real way to stop it. Many countries don’t require opt-out links, and so there isn’t a clear way to even unsubscribe.
Writing in the recipient’s local language is one way to minimize inappropriate blocking, even when you have permission to send mail.
 
 

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