Why CASL‘s Private Right of Action Has Been Suspended


// June 14th, 2017 // Announcements, Best Practices, CASL, Email Deliverability

The Canadian Anti Spam Legislation (CASL) private right of action that allows organizations to be sued by anyone who claims to have been affected by an act or omission that violated CASL, was scheduled to come into effect on the 1st of July, 2017.

However, due to the complexity of the concerns raised by businesses, charities and the not-for- profit sector, the implementation of the private right of action has been suspended indefinitely.

Despite the suspension of the private right of action, it should be noted that other provisions of CASL remain in force. So, here is a quick reminder of how to stay CASL compliant when sending out email campaigns:

> Obtain consent from an individual before sending them email campaigns.Also, always ensure that there is a statement present acknowledging that the individual can withdraw their consent at any point.

> Provide a form of identification that could be used by any individual receiving your email campaigns to contact your organization. It is mandatory that all email campaigns sent out should have:

1. The identity of the sender (either organization or individual),

2. The identity of the recipient,

3. The contact information for both the sender and recipient, and

4. The mailing address of the sender.

5. Provide an option allowing recipients to unsubscribe from the mailing at any point in time.

You can learn more about CASL in our support article here

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