CASL – Email Marketing Killed in Canada

2019-04-24 Online No comment

We talked about the rules of the Canadian Anti-Spam Law, which is more than just attacking spam. In my honest opinion, this is a misguided legislation. It requires companies to obtain consent before sending business information online, by identifying their identity by name and physical address, and by providing a clear way to remove consent by unsubscribing to each communication. Even a person. It's a good practice to get consent to send marketing messages, but it doesn't apply to people who have had a long-term relationship with you.

Thankfully, companies have a three-year grace period for current business relationships, but in the long run, what does this legislation mean? Frankly speaking, this will destroy or dramatically change many business models. It also doesn't take too much action on spam, so let's talk about the impact of CASL.

Why CASL can't fight real spam

First of all, I don't understand why we need new spam legislation first. Today's web filters are very good at blocking almost all spam we get. A small part of the passage is often to deceive e-mail and encourage someone to launder money. CASL will not stop this. In fact, since I won't get my gift certificate from Best Buy, because I lost my consent email in the CASL flood, the real spam will be more prominent and bother us. This is a very illegal email, using high-level technical techniques to bypass filters that still go into the inbox, and CASL does not block them. In the past, emails from coupons from large local stores will be thrown like any other form of spam, and we can view it in the junk folder. We are used to it. It took us a lot of time, energy and money to stop CASL from e-mail spamming, which is not surprising, but we still waste more than 1,000 times the real spam of our physical mailbox at home?

With all these efforts, CASL has no real teeth that can solve real illegal spam, if not it comes from the country! Almost all of this comes from outside North America. Will the Canadian court issue a subpoena to someone in Asia or Africa and ask them to pay? I think this is ridiculous. Of course, if someone is ignorant and now runs a typical illegal spam campaign in Canada, they will pay a high price.

What's even more ridiculous is that CASL can only affect Canadian companies. International companies have no reason to abide by the law! Professor Leyland Pitt of SFU believes that this law will only reduce spam by about 2%.

Oncoming flood

In the past month, there have been a large number of consent request emails sent to customers, collections, etc… Every big and small business is pounding the inbox, asking for consent for their current and new relationship Cover yourself If it hasn't happened yet, you can bet that fatigue will happen.

Additional consequences: my CASL forecast

In the short term, companies will strive to comply with the law. However, I do have some predictions:

Companies that have a heavy burden on e-mail marketing may leave their e-mail business through offshore subsidiaries and try to circumvent the law:

Some parts of the law make this difficult, especially the identification rules, but this is not impossible. Once you figure out the trick, there are more emails that are not in line but will not be sued.

Digital marketers will abandon this law:

Google and Facebook like this in Canada. Some people will burn midnight oil to help companies comply with the law. PPC advertising companies will see a significant increase in revenue, as companies will soon find that they simply lose 95% of their email lists without an email marketing audience.

Canadian companies will find themselves at a disadvantage:

CASL is basically a "do not call" registry for email marketing, with all the same inherent flaws. Once companies figure out how they legally move their email business overseas, it won't stop them from sending messages. It does not block illegal email activity. It imposes an additional burden on Canadian businesses and consumers, making it harder for Canadian companies to compete with international interests. For a small Canadian online business that uses a lot of email to communicate with customers, this could be a death sentence. They are now locked in the CASL dungeon to find a way out.

Digital strategy will become a necessity for business:

For those with professional knowledge, nothing will be lost. When you have what customers and potential customers want, it is not difficult to get consent. I have always been approved by the customer because I have provided them with information of interest to them. Things like leadership casting and digital hooking will become very important, and for companies that know how to do this, they will end up with a very useful email list that will be in the important sales funnel. I agree that there is a long way to go in learning how to smash the network!

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