New Canadian spam law (CASL) questions

Discussion in 'Legal Issues' started by aab1, Jun 27, 2014.

  1. #1
    I'm finishing getting my websites ready to be CASL compliant before July 1st but have a few questions.

    My website offers a service which users pay for in advance and I now send them a warning email when their account balance is running low. Will I be allowed to continue sending these "Your account is running low" emails to users that do not agree to sign up to the email newsletter or will I have to tell users that if they want to continue getting these "account low" warnings that they must also agree to receive the newsletter?

    Also, I read the law allows to email users that made a business transaction for 2 years after the transaction, but is this for business transactions before and/or after July 1st? For example if I get a sale on this coming July 3rd (after CASL starts), can I email that buyer until July 3rd 2016?

    Thank you
     
    aab1, Jun 27, 2014 IP
  2. sarahk

    sarahk iTamer Staff

    Messages:
    28,810
    Likes Received:
    4,535
    Best Answers:
    123
    Trophy Points:
    665
    #2
    I'm not Canadian but surely these emails are transactional rather than selling or information? If they didn't have the account and the balance wasn't low they wouldn't be receiving it in the first place.
     
    sarahk, Jun 27, 2014 IP
  3. jrbiz

    jrbiz Acclaimed Member

    Messages:
    6,141
    Likes Received:
    2,653
    Best Answers:
    2
    Trophy Points:
    570
    #3
    I cannot speak for Canadian law, but right down here in the U.S., all of the Spam and Telemarketing laws have a complete and total exception for customers who have purchased from a business. You can communicate by phone or email, as needed, with an actual customer and it is completely okay. I have to believe that Canadian laws would be no different.
     
    jrbiz, Jul 3, 2014 IP
  4. aab1

    aab1 Member Affiliate Manager

    Messages:
    202
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    38
    #4
    The new Canadian law does apply to everyone you've had a business relationship with, it limits how long you can contact them after their last business transaction with them and requires that they provide clear express consent to be emailed beyond that time limit and has up to a $10 million penalty. It is the strictest anti spam law in the world.
     
    aab1, Jul 3, 2014 IP