Businesses and organizations, including charities and not-for-profits, face restrictions communicating with their customers under a new federal law designed to curb electronic junk mail.
The Canadian Anti-Spam Law (CASL) came into effect July 1, 2014, setting out conditions for anyone that sends what it describes as a commercial electronic message.
Companies must now clearly identify themselves when sending out messages that fall under the federal CASL criteria.
“Every communication has to have your name, your business name, businesses physical address and contact (person), and a way to opt out of receiving further communication. Every email you send has to have that as a minimum,” said John Shoff, local business owner of Reality Bytes.
“So that does apply to any e-mail, it also applies to text messages, it applies to facebook messages, twitter, LinkedIn - any type of social media,” he adds.
“Under CASL, a CEM is a message that encourages participation in a commercial activity, including, but not limited to: offering, advertising or promoting a product, a service or a person,” The Canadian Radio-Televison and Telecommunications Commission (CRTC)states.
Shoff said it appears the way the law is currently written, a company can’t use facebook to promote a product or service, even though someone may have already “liked” the business facebook page.
“So if I have a Facebook business page, and I’m promoting my product on that page, say I put product ABC on sale today for $200, that is not in compliance with the CASL laws - that’s how they’re (lawyers) interpreting it.”
Shoff says the strictest interpretation from a number of lawyers he’s dealt with suggests businesses can no longer use any social media to promote products or services.
“Because right now when a team of lawyers looks at it, they’re saying almost every communication on social media is not in compliance because you have to have an “opt-out.”
The opt out gives the consumer the ability to unsubscribe from receiving further electronic communications from a company.
There are exemptions under the new legislation, but Shoff said the exemptions aren’t 100 per cent clear.
He’s hoping the federal government refines the law and improves its wording so that businesses have a clearer understanding of what’s not allowed, and so they’re not penalized.
“Because the fines are so heavy, no company wants to be the first that actually gets charged.”
Fines are up to $1 million dollars per individual, and up to $10 million dollars per violation.
Manon Bombardier, Chief Compliance and Enforcement Officer with the CRTC, said they’ll be relying on consumers, businesses, and other organizations to submit complaints on violations and forward their spam reports to the Spam Reporting Centre via www.fightspam.gc.ca.
The CRTC will be setting up sting operations to try and catch the worst of the spammers.
“The CRTC will also be creating email honeypots to lure rogue spammers, which will be used to monitor the activities of spammers targeting our jurisdiction. This proactive approach by the CRTC will help to identify the more severe and egregious activity plaguing Canadians,” said Bombardier.
