Clarification on CASL From Experts at Bennet Jones Law Firm

Have you ever given your business card to someone at a networking event, only to find yourself receiving their email newsletter a few weeks later?

You didn’t subscribe.

You’re not really interested in their service or product.

You’re certainly not a client of theirs.

But you don’t want to be rude so you just keep on deleting those emails forever.

It isn’t rude to unsubscribe, especially if you didn’t subscribe in the first place.

Contrary to popular belief, receiving a business card at a networking meeting is not permission to add that person to your commercial electronic messaging list – or email newsletter.

Even if someone requests an estimate from you, adding them to your email list is a shady area. You do have permission to email them directly to supply the requested estimate, and answer any questions they may have. Adding them to your list without permission won’t likely get you a sale, and may earn you a spam complaint, or worse, create an irritated recipient. That’s not good for your professional reputation.

If the person is a customer who has completed a paid transaction with you, you can add them to your mailing list for 2 years. That is considered implied consent, however the Gold Standard is to receive express consent by way of a check mark box or sign up form.

Here at TUCU, we do add clients to our mailing list after their first transaction with us under the implied consent umbrella. We also aim to make our content informative rather than promotional, to provide value and useful tips to our readers. It all depends on your business though. I love to receive promotional coupons from my favourite retailers, so it’s up to you to decide what your clients really want from you. Just be sure to get appropriate consent.

The legal experts at Bennet Jones law firm put together a brief but thorough explanation of CASL and implied and explicit consent for email marketing.

Reading time is under 15 minutes.

When I shared it on Facebook, many people expressed relief for the clarification. I hope you find it helpful. I have to admit, I had to read it twice. And I will likely re-read it, because I want to be extra sure.

Here’s the link: Clarification on CASL from experts at Bennett Jones Law Firm


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