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CAN-SPAM and CASL laws and Contactually

Last Updated: Sep 21, 2017 11:56AM EDT

Spam negatively impacts delivery rates and inundates inboxes with unwanted messagesContactually complies with both CAN-SPAM (United States) and CASL (Canada) laws, which determine which people email marketers can send emails to.

What do CAN-SPAM and CASL prohibit?

CAN-SPAM prohibits sending commercial emails without the explicit permission of the recipients. You can send transaction and relationship emails without the explicit permission of the recipients. If a recipient opts out of receiving emails, you must honor that person's request not to receive future emails.

CASL prohibits sending commercial electronic messages of all types (not just email but also social media messages, text messages, and chat messages) without the explicit permission of the recipients. This is especially true for subscription, newsletter, and mass communications. All recipients of these types of communications must opt in. Sending commercial electronic messages to recipients who have not opted in is illegal, even if they have the option to opt out.

CASL allows you to send transaction and relationship communications for two years without explicit permission as long as you're in a business relationship with the recipients. During the two-year period, you must be given explicit permission by the recipients to continue electronically communicating with them.

What are the penalties for violating CASL?

Individuals can be fined up to $1 million per email sent and organizations can be fined up to $10 million per email sent. A Private Right of Action (PRA) provision went into effect on July 1, 2017, allowing individuals to sue individuals and organizations for spamming them.

How to use Contactually and comply with CAN-SPAM and CASL laws

Use Contactually only for relationship-building communications. Don't use ScaleMail or Programs to send cold emails of a commercial nature.

To comply with CASL laws, use Contactually to message all the contacts you anticipate potentially communicating with and request their consent. After doing so, use Tags to label contacts who gave and did not give permission to be communicated with. Only bucket contacts who gave permission to be communicated with.

Contactually does not have an unsubscribe feature. You can, however, include a sentence in your email signature letting your contacts know that they can request not to be contacted anymore.

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