Disclaimer: As we do every time we post about CASL, we encourage you to seek legal advice to ensure CASL compliance. This post is informational only and not intended to serve as legal advice or guidance.
This summer, Canada’s strict anti-spam law will get stricter—and the risk of non-compliance will get riskier. The Canadian Anti Spam Law (CASL) was set up that way, to give marketers time—three years, to be exact—to be ready for compliance with the harder-hitting version of the law. So here we are, into a countdown of the final four months before that happens.
Are you ready?
A CASL refresher
In effect since July 2014, CASL is far more stringent than the U.S. CAN SPAM law, and it applies across borders. Yours does not have to be a Canadian company to have CASL’s regulations apply to your email marketing. Whether you’re in Canada or send to Canadian residents from somewhere else in the world, you have to comply with CASL. Period
CASL applies to more than just email. It applies to any Commercial Electronic Message (CEM) sent either from or to Canada. This can include text messages, instant messages and some social media communications. For our purposes here, however, we are only talking about the email marketing part of it.
Understanding the two kinds of CASL consent
Compliance for email marketers can be a little tricky to understand, because there are two kinds of consent that apply with the Canadian law—and consent is required. One type of consent is implied, meaning the consumer or organization has bought from you or had some communication with you implying they are willing to get emails from you. The other type of consent is express, and it is the ultimate goal of CASL as I understand it, to ensure that those on the receiving end of any email marketing messages have expressly stated they want to receive those messages.
I am grossly oversimplifying the implied consent here, which is actually quite complicated, so please see the DMA’s excellent resource on CASL for a much better explanation. But we have to address implied consent in order to talk about one of the changes coming July 1.
First change: You must have express consent
As of July 1, 2017, you have to have express consent with one exception. By the time this change goes into effect, email marketers will have had three years to get express consent. This means that if the consumer’s implied consent is dated before July 1, 2014, then you have until July 1, 2017 to reconfirm permission—getting express consent.
If you got implied consent after July 1, 2014, implied consent is fine for 24 months after a purchase or six months after an inquiry. Anything outside of that timeframe requires express consent. And obviously, you’re still limited in how long you can email someone based on implied consent alone.
One caveat to all of this: You have to have some kind of date stamp or record of the implied consent. If you don’t have proof that the owner of the email address has given implied consent on a certain date, then you don’t have the consent at all—even if they did make an inquiry or a purchase from you. No dated proof, no implied consent.
Second change: Private right of action now possible
Keep that in mind as we delve into the other change that takes effect in four months. Starting on July 1, individuals and organizations will be able to bring a “private right of action” against persons or companies they judge to have violated CASL regulations—in other words, spammed them. The law allows these individuals or organizations to pursue actual and statutory damages. Up until July 1, only the Canadian Radio-Television and Telecommunications Commission (CRTC), the Competition Bureau, and the Office of the Privacy Commissioner of Canada, could investigate and litigate against those not complying with CASL.
If that doesn’t give you pause, know that the first organization to be found in violation of CASL received a fine of $1.1 million. Are you nervous now?
What’s an email marketer to do?
Honestly, when you read through the nuts and bolts of CASL compliance, it’s simply a matter of common sense and email marketing best practices. Complying with the Canadian law should not be a challenge for any email marketer who is diligent in their list building and maintenance, and who actively strives to engage their audience. It’s also worth complying with CASL because it will keep you compliant the world over—something that will be even more top of mind for marketers in 2018 as the EU’s new data protection law, known as the GDPR or General Data Protection Regulation, goes into effect.
What’s an email marketer to do? Brush up on best practices if you need to. Put a regular list hygiene plan into place. Review your list acquisition practices. Strive to engage the people on the receiving end. In short, what you should do is what you should do even without CASL in place to force you.
As for the actual compliance, however, read up on it. I mentioned this above but it’s worth mentioning a second time: The DMA has an excellent guide to CASL compliance. I strongly suggest you review it to ensure your compliance now, and after July.
The post 4 Months and Counting! Staying CASL Compliant Post July 1 appeared first on ClickMail | Whitelist.
Looking for the best ESP for your organization? Download the newly updated 2017 ESP selection guide.
Every year, we take an in-depth look at the email marketing landscape to revise our annual ESP guide. As technologies and expectations change, the lens through which a marketer evaluates an ESP must also change. And that’s why we update this guide every year.
Switching email service providers is costly, time-consuming and—quite honestly—a pain. Choosing an ESP for the long term in the first place can save a lot of money, time and pain down the road.
If you’re starting the search for a new ESP, download the guide, confident it’s current with your 2017 concerns. It will help you strategically consider your needs and how they compare with an ESP’s capabilities, both current and future. It will walk you through practical considerations like scalability and usability, but also complex ones such as dynamic content and customization, so you can make an informed ESP choice—one that will last.
Find an ESP you can stick with—and grow with—for years to come with this essential guide.
The post Just Published! The 2017 Guide to Finding an Email Service Provider (ESP) appeared first on ClickMail | Whitelist.
Have you ever bought a house? Or a car? And your credit score was part of the equation that determined whether or not the sale would go through and at what rate? Officially known as a FICO score, that credit rating can be a make-or-break number for some consumers, and I know people who fret over that number and how high or low it is.
In our world as email marketers, we have something similar to the credit score of the consumer world: We have the sender score. And even though it has nothing to do with debt, it has a lot to do with getting what we as marketers want: to improve email deliverability.
About your credit score
Your credit score is basically like a trustworthy score (although Dave Ramsey calls it an “I love debt” score). Based on your payment history, amount of debt, how long you’ve had a credit score, new debt you’ve taken on, types of debt and possibly other factors, your credit score tells lenders as well as landlords, service providers and insurance companies how dependable you are. Are you responsible? Do you pay back your loans? Do you make payments on time? In short, can you be trusted and to what degree?
Your credit score not only determines whether or not you can get that loan, but what kind of interest rate you’ll pay as well. The more trustworthy you appear to be, the lower the interest rate you’ll be charged.
About your sender score
Technically the term “Sender Score” refers to Return Path’s reputation measurement tool, and really we are talking about that: your reputation as a sender.
Like your credit score, your sender score is based on past behavior and—like your credit score—your sender score is an indicator of your trustworthiness. It’s based in part on spam complaints made about you, the blacklists and/or whitelists you’re on, whether you’re emailing unknown users or spam traps, and your degree of subscriber engagement.
Most of those causes for concern are obvious signs of good or bad email marketing behavior and it’s easy to understand that they’d influence your reputation. A low engagement rate—indicated by a low rate of opens or a high rate of emails being deleted without being opened—lowers your email sender reputation in the opinion of the ISPs because it tells them you’re sending emails to people who don’t want to hear from you.
Your email sender reputation affects your deliverability rate because the better the reputation, the more likely it is that your emails will be delivered to your users by the ISPs or corporate networks. The lower your score, on the other hand, the lower your deliverability and inbox placement rates will be, as you get filtered out.
Your sender reputation can’t be left to chance
If you’re assuming you haven’t done anything wrong, so your sender reputation must be fine, hang on. It’s not that simple. For example, you could have a brand new IP address with zero sending history and be considered spam by the ISPs. Why? No reputation. And no reputation is the same as having a bad reputation. Sure, this is a case of being guilty before being proven innocent, but consider it through the eyes of the ISPs: They know nothing about you, so they assume the worst. (Would you let your teenaged daughter go out on a date with a boy you’d never met or even heard of? Same principle: In some cases we do have to assume the worst of people—and email marketers.)
You can’t know how your emails are viewed by the ISPs or corporate networks unless you’re paying attention to your sender reputation and working to improve it. That means you can’t stay ignorant of your sender reputation.
Improve email deliverability and inbox placement rate both
Worldwide, only 79% of emails ever get to the inbox, according to Return Path’s 2015 Deliverability Benchmark Report. That means one out of every five emails does not get to a recipient’s inbox. If that number seems low, that might be because email deliverability does not guarantee inbox placement. Let me explain…
You can strive to improve email deliverability (and you should), but that metric only means the emails got past filters at the ISP level and went somewhere. However, they might not necessarily go where you want them to go: Those emails can end up in a spam or junk folder, never to be seen by the recipient, and still count as “delivered.”
That’s why Return Path reports on the number of emails that get to the inbox, not the number of emails that get delivered—because those numbers might differ, but bother of those numbers matter, a lot.
You can find out your sender score using Return Path’s tool, and make sure you also have a conversation with your email service provider if you have concerns. Your ESP’s deliverability rate will affect yours, for one thing, and they should have people on board to help you improve email deliverability for another.
Why your sender score matters more than your credit score
Back to the title of this post: why your sender score matters more than your credit score. Whether or not you should worry about your credit score is debatable. If you’re only paying cash and not taking on debt, your credit score has no meaning whatsoever. In fact, the more financially secure you are, the lower your credit score might be or you might not have one at all.
On the other hand, concerns about your sender reputation are 100% justified. If you can’t get your emails delivered, you can’t get in front of your customers—and you can’t generate revenue. Fretting over your credit score might not do you any good, but fretting over your email sender reputation and doing all you can to improve it might do you and your email marketing ROI a whole lot of good!
And if you need help? Call on ClickMail!
The post Why Your Sender Score Matters More Than Your Credit Score appeared first on ClickMail | Whitelist.