The real costs to officers and directors for ignoring CASL

CRTC is not handing out a ton of fines for violations or undertakings under CASL and the private right of action has been indefinitely postponed, so why bother changing your organization's email practices when targeting Canadian citizens?

Why Bother?
There is a person at the other end of every single email you send. 



A real person with whom you are attempting to do business. Very likely, this person did not ask for your email messages, and just as likely, they don't really want them. Yet, because it is relatively cheap to do, we just keep sending blasts that are usually "all about us" and why someone should buy from us. One of our staff had the rather unpleasant experience of finding herself on the Old Navy email list and was sent 4+ messages a day for several days in a row. She stayed on for as long as she could stomach this barrage and finally, having been pummelled enough, she unsubscribed. Who is thinking these programs through? From here it looks like a lot of tactics and very little strategy behind these email programs. Email can be a very valuable tool if used at the right time, targeting a relevant message to the right people.

Let's think this through as a good marketer. Maybe life as a marketer is quite simple: every time you touch a customer or prospect, you are giving "chips" or you are using "chips". For the purposes of this discussion let's consider that a "chip" is a measure of goodwill. Every time your brand is put forth through any medium, are you collecting goodwill or spending goodwill?

Given you are paying to have that message delivered, I trust you are aiming to generate chips rather than spending them. A welcome email message (one you have clear consent to send and is relevant to the recipient) should generate a chip, whereas an unwelcome one or irrelevant one sent without consent costs you a chip. How are you doing with your current email program in the chip department?

Now let's think it through as an officer or director...

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