General Information

For all the information about CASL please visit: http://fightspam.gc.ca/eic/site/030.nsf/eng/home

The CASL comes into effect on July 1st 2014

Canada is one of the last developed countries to act and implement an Anti-Spam legislation. They have decided to follow the method that was implemented by Australia which is opt-in and not opt-out method.

What you need to know

The CASL will require the sender of any commercial emails to obtain permission before they are allowed to send to the email recipient.  The law also mandates that all emails must contain proper identification and non misleading header information.

How You Already Comply

AgentLocator requires that your email list are permission-based, this means that you already comply with the unsolicited email requirements stated in the law.

  • When you upload or provide us with a list to upload you agree that you have obtained the consent of each recipient before sending them an email.
  • AgentLocator automatically places an "unsubscribe" option to all emails sent out from your CRM.
  • AgentLocator already processes unsubscribes from your CRM and makes sure the system no longer emails an address which has requested to be unsubscribed.

What you need to be aware of going forward

  • Any unsubscribe requests you receive through an email reply must dealt with immediately.  Go into your CRM and unsubscribe the lead manually.
  • Unsubscribe requests do not expiry.  This means if a lead has unsubscribed from your emails you are not allowed to send an email to this lead ever again even if you are using a different provider unless the lead requests to re-subscribe to your emails.
  • Email subject line must be to the point and must not be misleading.  This means you can not play tricks with the title to try and get more people to open the emails.  If your email title is something like:  How to buy a home with 0 down payment.  You better offer a real solution to buying a home with 0 down payment.  This is enticing the recipient to open the message under false pretences and against the CASL law. 
  • You must include a postal address in all emails.  Best place to place your postal address will be your email footer.
  • Email addresses acquired through implied permission must be removed within 2 years unless express permission to email them has been received.
  • You must maintain an audit trail as to how and when they obtained consent.   Best practice is to record as much information as possible on how consent was obtained.  If challenged by regulators (or Canadian court) the burden of proof for consent is on the sender, not the recipient.  AgentLocator already helps with this when we mark leads on where they come from.  Manual leads you enter need to be marked by you.
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