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Tips on CASL and DNCL from the CRTC

A great group of YYC marketing professionals gathered on Wednesday May 29, 2019 at the lovely Hilton Garden Inn Downtown for Calgary CMA’s last lunch & learn before taking the summer off!

The group gathered to hear Christina Beck, Compliance and Enforcement Officer for the CRTC (Canadian Radio-Television and Telecommunications Commission) talk about the rules around Canada’s Do Not Call List (DNCL) and Canada Anti-Spam Legislation (CASL).

The number one complaint the CRTC receives is around lack of consent.  Christina noted that the best practices are to keep meticulous records around consent and have a training program in place for employees to help keep these records.  Priority should be getting Express Consent from all contacts, old and new.

For new subscribers, ensure that sign-up forms include the following:

  • An unchecked email permission checkbox,
  • A clear statement indicating your purpose for sending e-communications,
  • The subscriber’s right to unsubscribe at any time,
  • Your company’s contact information.

Your express consent checkbox must be independent of other opt-in boxes.

Once consent has been established, CASL requires the following information to be actively tracked and managed:

  • Type of Consent (express or implied)
  • Expiration dates on implied consent
  • Name
  • Email address
  • Source and Date of Collection

Having up to date records will make it easier to produce an audit trail, in case the government requires proof of your compliance status.

The CRTC has issued information bulletins to provide guidance and examples of recommended or best practices.  Look for CRTC 2012-548 and CRTC 2012-549 on their website. Fines for violating CASL rules can be significant and several prominent companies have been fined for not meeting CASL compliance.  Smaller businesses should also take heed, as they are not exempt from the rules!

If you are looking to purchase 3rd party phone lists, do make sure to scrub them against the National Do Not Call List to ensure there isn’t any discrepancy or ask the third party to show their registration to the DNCL.

A question came from the audience – does the CRTC let you get away with a certain number of unsolicited emails or calls? The Answer is NO!

Helpful Links:

ENFORCEMENT ACTIONS: MAIN ISSUES

  • Disclosure

Hamel Système d’Information 2000 Inc. (Telelisting) https://www.crtc.gc.ca/eng/archive/2015/vt150130.htm

  • Enforcement Advisory/Info Bulletin – Notice for Real Estate Agents and Brokers

https://www.canada.ca/en/news/archive/2015/02/enforcement-advisory-notice-real-estate-agents-brokers.html?wbdisable=true

https://crtc.gc.ca/eng/archive/2009/2009-283.htm

  • Register and Subscribe

Raid Inc. https://www.crtc.gc.ca/eng/archive/2016/vt160331.htm


ADDITIONAL INFORMATION