I just finished viewing a very helpful webinar by Randall Craig, made available to me by my client CAPS (Canadian Association of Professional Speakers—Vancouver & BC Chapter.)
Here are my key takeaways
For more specific information on what the new law means to you, go to http://fightspam.gc.ca.
- Get express consent from your existing list before July 1, 2014. This means you need to email everyone on your list asking them to expressly consent to remain on your list. You need to document all of those who have expressly consented to remaining on your list.
- All new prospects must show express consent, either written on a business card, or check-boxed on a form. The form check box must not be pre-checked, and it must stand separately from the offer you may have bundled it with (ie. a free download or an automated add-in via an online transaction.
- Update all the sign-up forms in your MailChimp account (my email provider of choice,) Constant Contact, Aweber, etc. to use “express consent” language.
- If you are not using an email provider (which typically quickly conform to anti-spam laws of U.S. and Canada) you are, in my humble opinion, kooky.
- Double opt-in does NOT equal express consent. It is merely there to VERIFY the email address is real and belongs to the individual signing up.
Penalties for not conforming are:
- $10,000,000 for businesses (from both/either the CRTC & Competition Bureau)
- $1,000,000 for individuals from the CRTC, and $750,000 for individuals from the Competition Bureau; civil lawsuits are capped at $1,000,000
