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CASL and What It Means for YOU as a Business Owner

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First thing I need to say is, if you haven’t yet, please re-confirm your subscription to my ezine here: http://www.yourspiritexpressedforsuccess.com/cmm-mp3/. I have a gift for you as well – a very special audio I created just for you to help you magnetize clients.

Now, I’ve got some resources here for you from entrepreneur to entrepreneur, and a bit of a translation of the pieces of this new law that apply to YOU.

What the heck is CASL? Canada’s Anti-Spam Legislation

Need To Knows:

If you send “CEM’s” or Commercial Electronic Messages – in other words, if you do internet or mobile marketing – either from Canada (you live in or do business in Canada) or if you are sending CEM’s to Canadians, this law applies to you.

Express Consent vs. Implied Consent: This gets a bit complicated and I’m certainly not a lawyer, but the basics are: Express Consent means someone has consciously said YES to receiving (specifically what you will be sending them – ezine, updates, promotional emails, etc.). The onus is on YOU to prove it, so you need to be able to track who has said yes – and not just yes to getting your free gift but to getting all the kinds of email that you actually send to them once they sign up for your list. Implied Consent as I understand it is when someone is doing business with you.

Depending on your situation, you may need to change the way you handle your email marketing by July 1st, 2014. At the first resource below, it is laid out under the heading “Transition” that you may be able to continue communicating with people who have done business with you, for a period of 3 years, unless they withdraw consent. This is an example of “implied consent”. You will eventually need to have them re-confirm their subscription to your email.

Your Clients Are Okay: When you are working with someone or you have sold a product to them, this is called Implied Consent and you may send them email under certain conditions. See the resources I’ve listed below for more detailed information.

Here are common situations I have come across with some of you that you may need to make changes with immediately:

  1. If you are currently using gmail or another program to bcc or blind send mass email to people, you need to include your full mailing address as well as an easy AUTOMATED way for people to unsubscribe, somewhere in every email you send out. So that means NOT just “reply to this email if you want to unsubscribe” but having a “mechanism” in place for people to unsubscribe automatically. This basically means it’s time to get yourself an email marketing program… which if you are serious about your business, you’re going to want to have anyway.
  2. If you are sending business emails on an individual basis that are promoting or informing people about your business, you must have a person’s consent for that too. For example, when I do sacred sales calls or Virtual Tea invitations, I like to leave an email for follow-up if I get a person’s voice mail. Now I won’t be able to, unless they have given me their express consent to send them emails about  my business.
  3. If you are NOT Canadian and you’re thinking this doesn’t apply to you, think again. If you are emailing to Canadians or working with a Canadian VA who sends out follow-up emails on your behalf, or you are in Canada at some point sending out emails about your business to people, this will affect you.
  4. No more opt-in forms that just say “enter your name for my free (gift/teleclass/etc.)”. You MUST now say somewhere on the form exactly what they are going to get when they sign up – is it just a weekly ezine? Is it your ezine and solo emails? Will you be promoting your business to them in any way at all? You need to now state this on every single opt-in form you have on your website.
  5. Here’s one that isn’t so common but might have happened to you (and it’s happening to me). I moved my entire list from Aweber to Infusionsoft last year. I no longer have the records (proof) for who actually double opted in to my list originally before I made that switch. This is why I’ve decided to just do what I’m calling a List Cleanse right now – inviting you to re-confirm your subscription – so that I have the proof of your subscription that will keep me legally safe. Sure, I could probably wait a while, but honestly, why would I want a bunch of people on my email list who are not opening my email anyway? Energetically, that’s a bit of a drain.

Again, if you do wish to continue receiving my weekly ezine, promotional emails, event updates and occasional free gifts as well as invitations to work with me, and get the complimentary Client Magnetizing Meditation I just created for you, please do re-subscribe (and I share with you on the page exactly what you’ll be receiving) right here: http://www.yourspiritexpressedforsuccess.com/cmm-mp3/.

CASL Resources:

Official CASL Website: http://fightspam.gc.ca/eic/site/030.nsf/eng/home

Compliance and Enforcement Information Bulletin CRTC 2012-548 (details on specific guidelines and examples of language to use) http://www.crtc.gc.ca/eng/archive/2012/2012-548.htm

Carolyn Ellis’s blog. Carolyn is a friend of mine, and a renowned Canadian business mentor. She knows her stuff and she’s created an awesome visual map of CASL to help you understand how it works and what you need to do.


Brenda MacIntyre, Medicine Song Woman

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  1. Hassan Mahmood

    As a school administrator, what happens if I forget to bcc a mass mailing list for an non-markering mailout? What are the legal implication I may have to face from parents and students?

    • Brenda MacIntyre

      Hassan, I’m not a lawyer, so can’t really answer that, but best practices are to just not use bcc to a large mailing list, but to use a service instead, similar to Mailchimp or Contactually to send out mass emails.


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About Brenda MacIntyre

About Brenda MacIntyre

Known by her indigenous name Medicine Song Woman, Brenda MacIntyre has shared her evocative melodic voice and fusion of reggae, rap and indigenous hand drum healing music with appreciative audiences of 30 to 3,000 across North America. The Toronto-based Juno Award-winning singer has been featured nationally on MuchMusic, CTV, CP24, APTN and most recently, Global and the front page of the Toronto Star.

Powered by her grief from losing her son to murder in 2016, Brenda MacIntyre pours her soulful voice over a confluence of indigenous hand drum healing, soft rap and conscious roots reggae in her album “Picking Up the Pieces,” released in September 2019.

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