05 07 2014

CASL observations

I was at a conference on CASL (anti-spam) last week chaired by Barry Sookman.  His summary of conference highlights is worth reading.  Below are some of my observations based on both that conference and my CASL dealings with clients so far.

Large companies are spending millions of dollars to comply with CASL.  Small business is struggling to comply and to make sense of how to comply and why it is even needed. But you can bet that the true spammers will just continue to try to hide from the regulators.

Opt-in rates for attempts to get express consents so far have in some cases been abysmal – low single digit %. I suspect there are a number of reasons for that. Many on the mail list don’t care (meaning it’s a waste of time to send to them anyway). But many actually do want it and are not paying attention, who will eventually wonder why they stop getting things.  The challenge is to request consents in a way that will encourage a quick and easy yes – meaning that the use of marketing professionals may be key to getting a good response rate.

There is so much uncertainty around CASL interpretation that CASL compliance will be an iterative process.

No software solutions are available for the average business to track CASL compliance.  There is a business opportunity to develop affordable mini-CRM software that meets CASL rules and evidentiary requirements and can tie in with bulk mail programs and contact management systems such as Outlook.

The CASL software consents that kick in in January 2015 have the potential to cause real havoc.  They are being overshadowed now because of the looming July 1 date for CEM, and that the software consent issue only applies to those creating software.  These rules are unprecedented, and there is a danger that many offshore software developers will simply not offer their products to Canadians rather than taking the time and effort to comply.