The Email Delivery Guru

A special thank you to everyone who listened in on our Canadian Anti-Spam Legislation webcast on November 15th, with presenters Neil Schwartzman of CASLConsulting.com and Mickey Chandler, Senior Deliverability Consultant here at ET, and myself, ET's Director of Deliverability.

As we mentioned on the webcast, CASL regulations are still under development and subject to change, so stay tuned for further developments. We'll be sure to update our clients via the blog, additional documentation, and probably another webcast or two as the CASL "go live" date for final regulations and enforcement comes nearer.

We received a lot of great questions during the webcast, so many that we weren't able to answer all of them right at that time. We'll be answering them in followup blog posts over the next few weeks, so please watch this space for updates.

Here's just a few of the questions we have in queue to answer:

• If we have a simple input where all we ask for is the email address to "sign up for our newsletter" sufficient data? We do capture date and time, but no other information.
• If we receive a business card in person from someone and add them to our email list...is this considered consent?
• Could an opt-in confirmation email carry a liability if the origin of the opt-in does not have a clear paper trail (e.g. a verbal opt-in at a tradeshow)?
• Does it matter if a person's billing address vs. home address is Canada or USA or vice versa...what do we base it off of?
• Does this apply to subscription (paid-for) newsletters, and other emails about benefits of their subscription?
• Does this apply to transactional and commercial messages?
• For financial institutions, is there always implied consent provided the lead continues to be a customer?

A reminder: We are not lawyers, and cannot provide legal advice. For specific situations where you need clarity and affirmation that you're doing everything properly under the law, you'll need to consult a lawyer.