Why is an address marked CASL Non-compliant?

Why are some of my addresses deactivated and marked “CASL Non-Compliant”?

On July 1, 2014 Canadian Anti-Spam Legislation, also known as CASL went into place.  CASL is a set of rules regarding sending commercial electronic messages, like emails or text messages to Canadian recipients.  In a nutshell it requires that the sender has a relationship with a contact before they can send the contact a commercial electronic message. The relationship between the sender and contact is further broken down into categories like “implied” and “express” consent to contact.

As a real estate agent, who has met with the client, you might have implied consent to email that client. However since Content Solutions newsletters and services like Pop-a-Note are sent from RISMedia servers CASL requires that Pop-a-Note or RISMedia Content Solutions servers have express consent before they can email to the client. Which leads to the question,  “How do I get express consent from the client to send them a Content Solution newsletter or Pop-a-Note?”

If you would like RISMedia to reactivate addresses marked as “CASL Non-Compliant” we have created a consent request (below) which should satisfy the need for express consent. We would need you to email, or mail, or otherwise have client agree to the below terms and then for you to return the agreement to RISMedia. Be sure to replace [CLIENT-NAME] field with the client’s name and [YOUR-NAME-HERE] with your own name.

In keeping with CASL requirements we encourage you to keep a record of the agreement as well.  Since we (RISMedia) are not lawyers nor do we imply to be authorities on CASL we strongly suggest that you review the CASL policy and contact CASL itself if any questions.  If you are using services similar to RISMedia’s Pop-a-Note you may want to name those services in the below notice so that you get express consent for those services as well.

Here's an example of consent notice that we’d need agreed to and returned to RISMedia:

Dear [CLIENT-NAME]

You may have heard about the Canadian Anti-Spam Legislation (CASL) with regard to sending Commercial Electronic Messages (CEM).  If not, here is a link where you can read more about this new law: http://www.crtc.gc.ca/eng/casl-lcap.htm

In essence, all businesses are required to request and obtain permission, (or follow up with an existing or past customer / client regarding products and services they've been offered / used), before continuing to communicate, or send future commercial information in the form of email, text messaging, or private message sent to an electronic account. Consent can also be implied by the customer / client if they contact the business operator by any of these methods after their initial conversation.

Because I value our past, present and future relationship, and to avoid any confusion down the road, I'm sending this note to confirm if you would like to continue receiving electronic communications from me.

To stay in accordance with CASL legislation, I would truly appreciate you taking a moment to respond to this email by:

1. Clicking 'Reply',

2. Type an 'X' on the line beside your choice whether to continue to receive, or not to receive my future messages,

3. Hit 'Send'. (I will respond as soon as possible to confirm your chosen preference.)

_x__ "Yes. I would like to receive emails from [YOUR-NAME-HERE] about Property Updates, New Listings, Market Statistics, Informational Articles, Newsletters, and Real Estate Industry Updates. This includes emails sent on my behalf and branded from me but sent from RISMedia and or Pop-a-Note email servers." Consent can be withdrawn at any time by clicking the 'unsubscribe' link in the email.

or

___ "No. I would like to discontinue receiving Commercial Electronic Messages from [YOUR-NAME-HERE] . I will contact [YOUR-NAME-HERE] in the future if I am in need of their services, or have questions about the Real Estate and Related Industries."

Thank you very much for participating with in this Canadian Anti-Spam Legislation Compliance Email. I look forward to hearing from you.

Sincerely,

[YOUR-NAME-HERE]