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“Conspicuous Publication”: The Giant Loophole that Undermines CASL

If you run a business or other type of organizatio in Canada - and especially if you use newsletters/mailing lists or other forms of EMail communcation keep in touch with customers - then you're likely aware of CASL, or the Canadian Anti-Spam Laws. In addition to putting limits on how you can use EMail for commercial/marketing purposes, CASL is also supposed to also prevent others from sending you commercial EMails without your consent (or at least a prior existing relationship). Unfortunately, the CASL has one gigantic, glaring loophole that largely undermines all of the protections it provides: namely, allowing spammers marketers to use "conspicuous publication" as implied consent to send you spam "CEM" (Commercial EMail Marketing). Read on for the details.






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