US Email Marketing Law and CASL Have Significant Differences

Contrary to popular belief, the US federal CAN-SPAM Act and Canada’s Anti-Spam Law have some significant differences. CASL violations will cost you even if your business complies with CAN-SPAM. While the CAN-SPAM Act does not require opt in, CASL states that opt in is required, whether expressed or implied. According to the CASL, any commercial electronic message sent through any channel is impacted; whereas, only emails are impacted through CAN-SPAM.

CASL demands that all parties involved in the transmission of a message must be identified in that message and adhere to all opt outs. In comparison, CAN-SPAM states only the primary sender of a message needs to identify themselves and adhere to any opt outs- other parties may stay anonymous. Perhaps the most notable difference among the two laws, violators of the CAN-SPAM Act may be fined up to $16,000 per violation.

Meanwhile, if a business were to violate CASL, they could be fined up to C$10 million and an individual could face fines of C$1 million. If you want to avoid facing major fines, it is important to understand the compliance laws in your industry and region, as well as utilize the best compliance tools.

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

Avoid TCPA and DNC fines. Protect your business from TCPA and DNC Risk. The Cost of non-compliance extends far beyond the risk of fines. Since 1998, Gryphon’s highly patented suite of compliance services provides bulletproof compliance and protection from headline risk, brand damage, and costly penalties.

Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.