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| Canada’s New Weird Ass Spam Law Goes Into Effect July 1st 2014 Posted: 25 Jun 2014 06:30 AM PDT
Canada is only a decade late to the email compliance legislation party but better late than never. On July 1st, almost 11 years to the date, Canada’s anti-spam laws will go into effect (kind of – as I will explain below). In 2003, the United States put into play the “Controlling the Assault of Non-Solicited Pornography And Marketing Act” (CAN-SPAM) and completely eliminated spam in the United States. Err…actually only a year later the FTC reported that less than 1% of reported spam was actually CAN-SPAM compliant. Hey good try though! But Canada’s new law isn’t just about email…Its a HUGE net of shit.From their website, the new laws will apply to “any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit." Types messages include "any means of telecommunications, SMS, social networking, websites, URL's and other locators, applications, blogs, VoIP, and any other current and future internet and wireless telecommunication." WTF? The part about any future internet and wireless communication is a nice touch. Canadians… For the most part a lot of the rules for sending email are similar to the CAN-SPAM act:
A couple things I noticed that stuck out from email sending was that there was no requirement to have a suppression list. Also unlike the CAN-SPAM, act there is no exemption for political or religious organizations. Existing emailers must implement these changes for new mail recipients immediately, but they have three years (until July 1, 2017) to apply them to existing mailing-list subscribers. Now here is where it gets really weird: Acquisition – You can only send email to someone that has not become a “customer” within 6 months then you must take them off of your list. Retention/upsells – You can only send email to someone for 2 years after the last date they purchased or paid a bill to you. So basically if you’re doing a pre-launch or the “get a coupon” or “subscribe to our newsletter” to get an email address and the person doesn’t buy in 6 months then you gotta delete them. If they do buy something, then you bought yourself another 24 months to send them emails. On one hand I agree if you’re emailing someone for 6 months and they haven’t bought your stuff then you should remove them anyway. On the other hand I’ve been emailing people that bought something from me 7 years ago and still open and click my newsletter emails. I gotta delete them? Obviously, these laws are written by people who don’t understand email.I think just saying “anyone that has not opened or clicked on an email for 6 months must be removed from your email lists” is not all encompassing. Seriously….Canadians love my emails…Even if they never buy anything from me. Its true; I just looked at my stats in the PAR Program and Canadians have the highest open/click rate of any country on my list but the lowest buy rate (actually I just made that up to pimp the PAR Program capabilities. Its actually Nigeria that has that honor). So long Canadians that don’t buy anything…Blame your country…I will no longer have the legal authority to enlighten you in the world of email marketing. I know you are dying to read the entire law details so here are the links:       |
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