The phone rings, it’s a telemarketer. You were supposed to be on the Do Not Call List. You don’t want to hear from them, you are not very likely to buy from them or even have a positive impression of them. You’re annoyed.
The same is true with email, except it is much easier to send an email than it is to make a phone call. So there are way more unwanted email messages than there are unwanted phone calls.
Smart businesses build great lists full of subscribers who want to receive their messages and who want to engage with their content. This is good business – engaged customers buy more products and services, are more loyal, and have a stronger relationship with your business.
Some people think the best way to get consent is to trick people into subscribing by requiring them to opt out instead of opt in. In October 2012, the CRTC made it clear that express consent requires subscribers to opt in and that opting out does not meet the requirements for express consent nor implied consent.
Proving consent
You must be able to prove that you have consent of the recipient before sending. If you’re relying on implied consent, you need to prove that your situation meets the criteria for implied consent under CASL. If you continue to send content over time, based on implied consent, there is an ongoing need to maintain accurate records.
Express consent is easier to prove as the subscriber would have had to clearly indicate they wanted to receive messages from you. If this can not be demonstrated you do not have express consent.
Record keeping
When someone subscribes to your list you should record the source of the subscription (social media, your website, in person, etc), the date and time, and record of consent being given (the text used to accompany the opt-in toggle). With MailChimp and other modern email marketing platforms this is easy to achieve and a part of the data collected.
