CASL Countdown: Weeks 14 and 15 Data Collection Upgrades

Let me first start by apologizing about skipping last week – I was on a much needed vacation and just couldn’t bring myself to sit in front of a computer while I was away. So that means I’ll make up the extra in this post with two weeks in one article.

Week 15: Collecting of new addresses

Running from Week 17 where we built the list of data sources for your marketing file, it’s time to look at what is missing in the process of perscribed information (contact info – email/phone/form, postal address, unsubscribe statements) and look to have it added. Take the time to rebuild your contact forms and give them a nice new look and consider the options you are actually asking prospective members.

Ask yourself:

      How do you currently collect information from subscribers?
      Do you ask too much information and have a high non-complet rate?
      Is there more you’d like to ask in order to be more targeted to consumers
      Can I ask less up front and get more detail later on preferences?
      Should I build a preference center if I need a lot of information or have multiple options for subscribe?
      Do I properly capture 3rd party consents that are clear and easy to say no/yes to?

Take a week and plan your ideal collection forms, scripts for call centers and point of sale locations, draft policies for events and contests. Rolling out some of these changes will take time and getting ahead of the data collection processes will be key for compliance.

Week 14: Upgrading existing consent

When we looked at data in Week 18 we identified a number of areas to start reviewing your current permission levels. When you have completed this it is time to review and prioritize how you plan on communicating with your members and if you should plant to upgrading consents.

In the cases where you have clear express consents; for example if you currently use a confirmed opt-in approach to your email lists you may already be classified as Express under CASL. Read Shaun Brown’s post on Grandfathering of Consent under CASL for a better understanding of your options here.

But if you are relying on opt-out consents or pre-checked box consents you should put a bit of effort into planning how to upgrade permissions. Here are several ideas on how to go about this:

Consent types and examples of use:

  • Express consent is good until withdrawn by the users. This is what every email program should be working towards. This is especially good for long sales cycles or infrequent email contact programs. This best in class list management practice also tends to have lower complaints and higher engagement are typical with these types of lists (good content and engagement rules also apply).
  • Implied consent is good for 24 months from the last time it was collected. This type of consent can be collected over and over from individuals, and may work well for short or frequent sales cycles as a way to build your email list. Remember this expires after 24 months so if you choose to rely on this make your sunsetting program airtight. Also remember that people that have previously unsubscribed may not like being resubscribed each time, smart engagement rules are a must here.
  • Inquiry (consent) responses are only good for 6 months after the date of the initial request. These include things like auto insurance quotes, mortgages and other informational gathering tasks often tasks used by consumers looking for information on your products and services. Typically these types of messages will lead to an EBR or opportunity to upgrade consent to something longer term
  • Blended consents – over the three year transition period it is possible to have all three types of these consents which will lead to some complex data management issues.
  • No consent or unknown consent – This is the tricky part of your list. As I see it you likely shouldn’t be mailing to this anyway as it likely violates your ISP/ESPs Terms of services for sending permission based marketing communications. But if you are currently using data without permission or are unable to track this permission then consider running upgrade programs to your members prior to July 1, 2014. After July 1, 2014 mailing to these users and not having data to back up your permission to send CEMs may result in some unpleasant experiences under the new legislation.

I would recommend looking at gaining express consent at every interaction with customers to limit the confusion on the types of data you manage and the communication options that you have with your members.

Also start too think about implementing an automated drip campaign for users nearing the end of lifecycle with your organization, often called sunsetting. These should be triggered on a number of factors; non-engaged in X months – no opens/clicks/purchases, declining purchasers, implied consent expiry (24 month time line), never engaged after signup/welcome program, etc…

Deciding when to stop communicating with an individual is a complex series of rules that you will need to develop and build content for.

Author: Matt V - @emailkarma

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