A great question was sent in today during our webinar, Everything You Need to Know about Privacy and Deliverability, and I wanted to follow up and provide an answer. I didn’t have the time to answer this during the presentation, but it’s an excellent question and one I get often.
Here is the question: "What is the penalty for not abiding to these new (Canadian) CAN SPAM laws? Are these just best practices suggestions we should "try" to follow, or are there legal repercussions?"
Canada’s new Anti-SPAM Legislation was designed to capture as many spammers as possible. The drafters of the legislation seek to achieve this wide sweep by including language in the law that specifically states that if any part of the transaction or communication in question occurs in Canada, the law applies.
- Your email servers are located in Canada? The law applies.
- Your recipients are located in Canada, even if temporarily (the recipient does not have to be Canadian)? The law applies.
- Your recipient is using a credit card issued by a Canadian bank to buy a product or service from you? The law applies.
So, will a fine issued by the Canadian government or a lawsuit judgment under CASL be enforced by the courts in the United States?
The enforcement of fines and judgments across borders can be a very complicated matter. In general, private lawsuit judgments obtained in Canada can be enforced in the United States through the Uniform Foreign Money-Judgments Recognition Act. For government fines, Canada and the United States have a number of treaties allocating the enforcement of legal rulings, although it is not clear at this time which approach will be taken with the enforcement of CASL violations. There are defenses that can be asserted in each situation to challenge the judgments or fines. Whether any of these defenses will prevail is something that will only be determined through years of litigation and many hundreds of thousands of dollars in legal fees.
Does this mean you can ignore the CASL? Certainly not. If your business is fined or sued under the legislation, the first step of enforcement will be to move for a court order barring your business from appearing online in Canada. Orders will then be issued to Google, Bing, Yahoo and other search engines to exclude you from their Canadian rankings, which may result in your site being de-indexed in the United States as well. The same process will occur with social media platforms.
At this point, the enforcement process moves to the United States court system. Litigation will be instituted in an effort to have the judgments or fines enforced. If the case is lost and the judgments/fines are enforced against your business in the United States, the amounts in question must be paid. In many cases, this will effectively bankrupt the defendant in question due to the massive administrative monetary penalties of up to $10 million per violation.
In addition, the government actions under CASL are considered criminal in nature. The penalty is not jail time. Instead, the protective shields of corporations and limited liability companies will be automatically pierced and the owners, officers, directors and employees of the business in question will be held personally liable for the CASL violations.
So in short, yes, it is a very good idea to comply with CASL.
Please visit Listrak’s CASL Resource Center at www.listrak.com/CASL for more information on the legislation as well as many valuable resources to assist with compliance efforts. The Listrak Deliverability, Privacy and Compliance team is also available to answer any questions you may have at email@example.com.
Earlier today, Listrak Chief Privacy Officer James Koons presented a webinar on the important topics of privacy and deliverability as retailers enter the holiday planning season. The presentation is available on demand.
Feel free to pass it along to others in your organization who might benefit from the information shared!
Yesterday, Listrak CEO Ross Kramer teamed up with Michael Harvey, COO of Corra, to present the webinar Holiday Preparation: Monthly Milestones to Prepare Your Company. During the hour-long presentation, Ross and Michael took a look back at Holiday 2013 and shared tips on what retailers should be doing now and throughout the summer and fall months to prepare both their email marketing programs and websites for a successful holiday season.
Below are a few key takeaways. The presentation in its entirety is also available on demand.
July 15, 2014 - Listrak has expanded the capabilities of its single, integrated digital marketing platform to include email remarketing campaigns based on browse and abandonment data. The integrated platform allows retailers to do email, remarketing and personalization based on 360-degree shopper insights from a single login.
In addition to allowing retailers to use shoppers’ browse and abandonment data to inform personalized product recommendations onsite and in email, using Listrak’s Product Recommender solution they can now also automatically trigger targeted remarketing messages based on that data.
Listak’s Browse & Abandon is a behaviorally-based remarketing solution that allows retailers to capture active visitors and nurture them back to a website to take action. The solution uses shoppers’ browse data to create personalized messages featuring products that have been viewed or related products based on “viewed this, viewed that” or “viewed this, purchased that” algorithms. In addition, Listrak Recommender allows marketers to control creative design and use custom fonts, rather than having to work within the standard HTML box.
Listrak CEO Ross Kramer comments, “This new offering gives retailers yet another way to communicate with subscribers in a highly personalized and timely way to boost incremental revenue. Browse & Abandon campaigns are a powerful complement to our shopping cart abandonment solution that allows retailers to optimize the website visits of every subscriber.”
Kramer notes that many retailers benefit from an automated three message series that is timely and relevant and that establishes a friendly, service-oriented tone.
Check out our website to learn more about what you can do with our Product Recommender.
Retailers, the holidays are upon us. Soon your stores and warehouses will be well stocked with the hotttest holiday gifts. And while your goal is to sell off as much of the inventory as possible before having to discount the items in January, you also don’t want to run out of your most popular items too soon, forcing your customers to shop elsewhere.
Marketers face a real dilemma regarding out of stock items. Should you keep them on your site and continue to promote them even though they are unavailable to ship, or do you remove them altogether? Either way, you lose the sale.
Listrak’s newest solution solves this problem. The automated Back in Stock Alerts solution lets your customers sign up for notifications when items are restocked, boosting your email acquisition and giving you the opportunity to reach out to them with additional offers and eliminating the need for them to purchase the item elsewhere. Then, when the item is available, customers receive an automated message directing them to complete the purchase.
There is even a useful dashboard that helps inform demand planning with reports that help to identify the products your customers currently want.
- Most wanted categories
- Most wanted brands
- Most requested products
- Top sellers out of stock
There’s still plenty of time to implement this solution in time for the holiday rush. Want to see how it works? Visit www.listrak.com/savethesale or contact us today.
We will kick off a series of holiday webinars a week from today when Listrak and Corra team up to present Holiday Preparation: Monthly Milestones to Prepare Your Company. Join us to get a comprehensive planning guide to get you through the holiday season, including insights from last year’s season. Register today!