Industry Updates

Is Canada’s eleventh-hour CASL PRA halt good for senders?

canada-2026425_640You’ve probably already heard the news.Maybe it was in your Twitter feed, or on LinkedIn, or even gossip around the water cooler this morning: CASL’s Private Right of Action is (temporarily) dead.

The announcement triggered a collective sigh of relief from marketers in North America and beyond, even eliciting a happy dance or two.

But what does this announcement actually mean? Matt Vernhout of EmailKarma details the next steps, which include a parliamentary review of the CASL provisions and a pronouncement of the new effective date.

It’s possible the legislation could remain unchanged and simply take effect at a later date, but that seems unlikely given the concerns raised by the industry in response to the pending provisions. Per Return Path, some of the key concerns included:

  1. potentially bankrupting small and medium-sized businesses (due to the legal costs of defending a class action)
  2. inordinate court time and court resources being devoted to frivolous claims
  3. litigation counsel receiving a disproportionate share of damage awards (or settlements), and
  4. negative impact to consumers where businesses (both foreign and domestic) avoid electronic communication, delay the introduction of software technologies, and pass along the cost of PRAsettlements or rulings in the pricing of consumer goods

For the past 3 years, we’ve been hearing opponents of CASL voice many of these concerns, and it appears their cries have finally made it to the ears of the Canadian government. Unfortunately it’s still too early to tell if this is a full-on reprieve or merely a temporary stay of execution.

With the deadline looming so closely, it’s likely most senders have already double- or triple-checked their compliance processes. If you fall into that camp, stay the course. Even without the PRA, the CRTC can and has levied hefty fines against CASL violators, so making sure your processes are airtight can only help minimize your risk.

Based on my interactions with senders, there are many who haven’t completed their compliance efforts. If you’re one of those who was still scrambling to beat the deadline, don’t lose that head of steam. The delay of the PRA provides a bit of breathing room, but if you’re not 100% sure you’re compliant the risk of complaints and fines isn’t going away anytime soon.

– BG

 

Industry Updates

Return Path will offer Certification for Domain Reputation

ReturnPath-LogoReturn Path has long been a fixture in the email delivery community as a provider of tools for monitoring and improving inbox delivery rates, in addition to their newer data and intelligence products. One of Return Path’s most well-known offerings is their Return Path Certified program (formerly Sender Score Certification), which provides some additional metrics and benefits at certain ISPs for senders who meet the high standards of the program.

Certification has previously been available only to clients on a dedicated IP with an established sending history, but today the company announced their forthcoming Domain Certification – allowing senders on shared IPs and pools to use their domain reputation as the basis for certification.

With so much of the industry moving towards domain-based reputation and the advent of IPv6, this allows many good but small or inconsistent senders to reap the benefits of the program. Over the years I’ve personally worked with many clients who wanted to be certified but didn’t qualify, so I’m sure there’s a sizable market for this service. It will be interesting to see how the benefits at different ISPs play out – are they the same as the IP certification? Given that not all ISPs weigh domain reputation as heavily as IP, it seems there would have to be at least minor changes.

Domain Certification is currently in beta, but senders interested in beta testing can reach out to the Return Path team through the link posted above to get involved.

– BG