TagCASL

CRTC fines individual for company violations under CASL

The Commission finds that nCrowd, Inc. committed one violation of paragraph 6(1)(a) and one violation of paragraph 6(2)(c) of Canada’s Anti-Spam Legislation (the Act) in relation to commercial electronic messages sent to recipients in Canada. The Commission also finds that Brian Conley is liable, under section 31 of the Act, for those violations. Accordingly, the Commission imposes an...

Implied permission

Codified into law in CASL, implied permission describes the situation where a company can legally mail someone. The law includes caveats and restrictions about when this is a legitimate assumption on the part of the company. It is, in fact, a kludge. There isn’t such a thing as implied permission. Someone either gives you permission to send them email or they don’t. We use the term...

CASL Private Right of Action Delayed

Today the Canadian Government announced they were suspending the provision that allows individuals to sue marketers for violations of CASL. Under these provisions, individual Canadian consumers had a private right of action. Any Canadian could sue any company that sent mail violating the law. This part of the law upset many senders and marketers. I’m sure many are relieved at this delay in...

March 2017: The Month in Email

It’s that time again… here’s a look at our last month of blog posts. We find it useful to recap each month, both to track trends and issues in email delivery and to provide a handy summary for those who aren’t following along breathlessly every single day. Let us know if you find it useful too! As always, I wrote about email filters. It’s so important to recognize that filters aren’t arbitrary...

More CASL enforcement

Last week the CRTC published a CASL enforcement action wherein they fined an individual $15,000 for 10 violations of the act. The Commission imposes an administrative monetary penalty of $15,000 on William Rapanos for 10 violations of section 6 of Canada’s Anti-Spam Legislation. Specifically, Mr. Rapanos sent commercial electronic messages (i) that did not identify the sender, (ii) that did not...

From the archives: Taking Permission

From February 2010, Taking Permission. Permission is always a hot topic in email marketing. Permission is key! the experts tell us. Get permission to send email! the ISPs tell us. Marketers have responded by setting up processes to “get” permission from recipients before adding them to mailing lists. They point to their privacy polices and signup forms and say “Look! the recipient gave us...

October 2016: The Month in Email

We’ve returned from London, where I spoke at the Email Innovations Summit and enjoyed a bit of vacation. My wrap-up post also mentions an article I wrote for the Only Influencers site, which looks at questions I get asked frequently: “Why does spam make it to the inbox and our legitimate marketing email doesn’t? Should we just copy their tactics?” In industry news, Yahoo caught our attention for...

Another CASL fine assessed

This week the Canadian Radio-television and Telecommunications Commission (CRTC) announced a $50,000 fine against Blackstone Learning Corp. for violations of CASL. In early 2015, the CRTC identified over 380,000 emails sent without the consent of recipients and fined Blackstone $640,000. Blackstone appealed the ruling and the Commission lowered the fine to $50,000. I strongly recommend folks who...

The 10 worst …

Spamhaus gave a bunch of us a preview of their new “Top 10 worst” (or should that be bottom 10?) lists at M3AAWG. These lists have now been released to the public. The categories they’re measuring are: Countries Spam ISPs Spammers Botnet Countries Botnet ISPs Botnet ASNs TLDs Nothing really surprising there, but it’s nice to see the numbers. I have to wonder if the listing...

Things to read: March 9, 2016

It’s sometimes hard for me to keep up with what other people are saying and discussing about email marketing. I’ve been trying to be more active on LinkedIn, but there are just so many good marketing and delivery blogs out there I can’t keep up with all of them. Here are a couple interesting things I’ve read in the last week. Five Steps to Stay Out of the Spam Folder...

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