It is important to understand how to properly construct a CEM that complies with the regulations outlined within CASL. The construction of CEMs that violate any of the conditions in CASL has the potential to cause monetary and reputational damage. If consent was obtained through an offer, it is important to be careful how these incentives are worded.
The offer should clearly indicate to the other party that, by taking up the offer, they are giving their consent to opt-in to CEMs from the business. CEMs must clearly identify the sender and include contact information for the sending party and all related advertisers, as follows:
The identity of the sender must include the name of the person or business sending the CEM; and, if the CEM is sent on behalf of another person or business, then the name of that person or business must also be clearly provided.
The contact information of the sending party must be included within the CEM. This requirement can be satisfied by including a mailing address, as well as: a telephone number, an e-mail address, or the web address of the person sending the message, or, if different, to identify the person on whose behalf the message is sent.
No fly-by-night operations allowed: Â the contact information provided must remain valid for at least 60 days.
– – –
This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.