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New anti-spam law and all those offer emails

robkelkrobkelk Posts: 3,259
edited December 1969 in The Commons

I just filed this as a support ticket, but on the off-chance somebody reads the forums first:

Thanks to "Bill C-28: Canada's Anti-Spam Legislation", I've been getting a lot of email from companies asking permission to continue sending me advertising emails after CASL goes into effect. I haven't seen such a request from DAZ3D yet. (Implied permission is no longer sufficient, nor is an existing business relationship.)

Yes, I know this is a Canadian law. I believe 379 F 3d 1120 (9th Cir 2004), reheard in 433 F 3d 1199 (9th Cir 2006) can be interpreted to say Canadian business laws apply to US companies doing business with Canadians. (Utah is in the Ninth Circuit, isn't it?)

Will DAZ3D be in violation of anti-spam laws if you send me advertising emails after Monday?

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Comments

  • MistaraMistara Posts: 38,675
    edited June 2014

    we subscribe for those emails. ergo, i wouldn't consider those spam.

    spam.jpg
    300 x 300 - 20K
    Post edited by Mistara on
  • robkelkrobkelk Posts: 3,259
    edited June 2014

    Misty Whisky said:
    we subscribe for those emails. ergo, i wouldn't consider those spam.

    I suspect you're right, but it wouldn't hurt to have a lawyer double-check... quickly.

    EDIT: Oh, and there's a difference between "subscribe" and "not unsubscribe". If we check a "subscribe" box that by default is not checked, then we're giving permission. If we don't uncheck a "subscribe" box that by default is checked, then permission is merely assumed and CASL calls the emails spam. I think. This is why DAZ3D needs a legal opinion on the matter.

    Post edited by robkelk on
  • patience55patience55 Posts: 7,006
    edited December 1969

    Well they certainly have my permission to keep sending me emails.

    There's a few other companies I wish would stop already but hay.

  • TJohnTJohn Posts: 11,095
    edited December 1969

    All Advertising and Forum Posting e-mails from DAZ3D contain link options to unsubscribe, so they should be safe.

  • Male-M3diaMale-M3dia Posts: 3,581
    edited December 1969

    You subcribed to the emails in order to get the freebies DAZ offers, if you do not want them then you can unsubscribe from the newsletters. Thus they are not spam. Spam is unsolicited emails, you are a DAZ customer so there is a difference.

  • robkelkrobkelk Posts: 3,259
    edited July 2014

    I had to tell my cellphone provider that I wanted to continue to receive emails from them.

    The law says the mailing lists must be opt-in, not opt-out - "click here to unsubscribe" doesn't cut it in Canada any more.

    And now that the law is in effect, sending out a mass emailing to get people to opt in is illegal. That's why I mentioned this before July 1.

    Post edited by robkelk on
  • Male-M3diaMale-M3dia Posts: 3,581
    edited December 1969

    robkelk said:

    The law says the mailing lists must be opt-in, not opt-out - "click here to unsubscribe" doesn't cut it in Canada any more.

    But everyone opted in to the newsletter in order to receive freebie, once again. You did that at the site update by clicking the newsletter button on your account page. You want to opt out, go back and uncheck the box you clicked over two years ago.

  • robkelkrobkelk Posts: 3,259
    edited December 1969

    Male-M3dia said:
    robkelk said:

    The law says the mailing lists must be opt-in, not opt-out - "click here to unsubscribe" doesn't cut it in Canada any more.

    But everyone opted in to the newsletter in order to receive freebie, once again. You did that at the site update by clicking the newsletter button on your account page. You want to opt out, go back and uncheck the box you clicked over two years ago.

    Did I check a box, or did I not unckeck a pre-checked box? I don't remember. (I also don't remember whether I checked or didn't un-check a box at Renderosity, RuntimeDNA, or Poser World.)

    Checking an empty box is opt-in; un-checking a pre-filled box is opt-out. Obviously, a law that came into effect yesterday has not yet been tested in court, but that appears to be the prevailing legal advice. I wouldn't be surprised if I'm asked to confirm my email preferences upon login in the near future with the "continue to send me email" box not checked by default, just so DAZ3D can say they're abiding by the spirit and the letter of the law. (If this does happen, you know why.)

  • MattymanxMattymanx Posts: 6,902
    edited December 1969

    Old Navy has not sent me emails for my permission to continue sending me their newsletter and neither has Futureshop. I have only received two such emails in total and I only replaied to one and it is a local business. I don't see why DAZ would have to send an email out to get my permission to send me a newsletter when I already gave them permission by checking off the box in my account stating I want it many years ago. The new Canadian Law does not make void the decision I already made.

  • Scott LivingstonScott Livingston Posts: 4,340
    edited December 1969

    robkelk said:
    (Utah is in the Ninth Circuit, isn't it?)

    10th Circuit, I believe: http://www.uscourts.gov/uscourts/images/CircuitMap.pdf

    Regarding the overall question, I have no idea!

  • DZ_jaredDZ_jared Posts: 1,316
    edited December 1969

    I can say that we've already spoken with our lawyers and taken the steps necessary to be CASL compliant. From what I understand form the CASL implied consent is sufficient if you have an established business relationship, or something like that. I'm not sure of the particulars, but our lawyers already sorted it out.

  • LeatherGryphonLeatherGryphon Posts: 11,505
    edited July 2014

    robkelk said:
    I had to tell my cellphone provider that I wanted to continue to receive emails from them.

    The law says the mailing lists must be opt-in, not opt-out - "click here to unsubscribe" doesn't cut it in Canada any more.

    And now that the law is in effect, sending out a mass emailing to get people to opt in is illegal. That's why I mentioned this before July 1.

    Why is it that Canada seems to have more "common sense" than the US?

    Regardless, I once read that a study a few years ago declared that "common sense" was exhibited by only 7% of those tested but had little to do with the level of education. I tend to believe that 7% figure is too high. 8-o

    Post edited by LeatherGryphon on
  • fixmypcmikefixmypcmike Posts: 19,583
    edited December 1969

    LeatherGryphon said:

    Regardless, I once read that a study a few years ago declared that "common sense" was exhibited by only 7% of those tested but had little to do with the level of education. I tend to believe that 7% figure is too high. 8-o

    7% by weight, not by volume.

  • cecilia.robinsoncecilia.robinson Posts: 2,208
    edited December 1969

    Male-M3dia said:
    You subcribed to the emails in order to get the freebies DAZ offers, if you do not want them then you can unsubscribe from the newsletters. Thus they are not spam. Spam is unsolicited emails, you are a DAZ customer so there is a difference.

    What freebies are you talking about?

    My opinion is subscribing for a newsletter is your own decision, thus should not be covered by this law. If you are not sure, contact DAZ directly.

  • TJohnTJohn Posts: 11,095
    edited December 1969

    fixmypcmike said:
    LeatherGryphon said:

    Regardless, I once read that a study a few years ago declared that "common sense" was exhibited by only 7% of those tested but had little to do with the level of education. I tend to believe that 7% figure is too high. 8-o

    7% by weight, not by volume.
    Some settling of contents may occur in shipment.

  • nobody1954nobody1954 Posts: 933
    edited December 1969

    tjohn said:
    fixmypcmike said:
    LeatherGryphon said:

    Regardless, I once read that a study a few years ago declared that "common sense" was exhibited by only 7% of those tested but had little to do with the level of education. I tend to believe that 7% figure is too high. 8-o

    7% by weight, not by volume.


    Some settling of contents may occur in shipment.

    Survey taken in a facility that may process nuts and nut products.

  • fixmypcmikefixmypcmike Posts: 19,583
    edited December 1969

    nobody1954 said:
    tjohn said:
    fixmypcmike said:
    LeatherGryphon said:

    Regardless, I once read that a study a few years ago declared that "common sense" was exhibited by only 7% of those tested but had little to do with the level of education. I tend to believe that 7% figure is too high. 8-o

    7% by weight, not by volume.


    Some settling of contents may occur in shipment.

    Survey taken in a facility that may process nuts and nut products.

    Most studies involving people require processing some nuts.

  • DanaTADanaTA Posts: 13,207
    edited December 1969

    I've long held the belief, and professed that belief, that sense is not common!

    Dana

  • ChangelingChickChangelingChick Posts: 3,208
    edited December 1969

    DanaTA said:
    I've long held the belief, and professed that belief, that sense is not common!

    Dana

    Deadpool claims it as one of his superpowers.

  • DanaTADanaTA Posts: 13,207
    edited December 1969

    ChangelingChick said:
    DanaTA said:
    I've long held the belief, and professed that belief, that sense is not common!

    Dana

    Deadpool claims it as one of his superpowers.

    Who's Deadpool?

    Dana

  • ChangelingChickChangelingChick Posts: 3,208
    edited December 1969

    DanaTA said:
    ChangelingChick said:
    DanaTA said:
    I've long held the belief, and professed that belief, that sense is not common!

    Dana

    Deadpool claims it as one of his superpowers.

    Who's Deadpool?

    Dana

    The world's most sarcastic comic book character:
    http://en.wikipedia.org/w/index.php?title=Deadpool

  • KeryaKerya Posts: 10,943
    edited December 1969

    robkelk said:
    ...
    Did I check a box, or did I not unckeck a pre-checked box? I don't remember. (I also don't remember whether I checked or didn't un-check a box at Renderosity, RuntimeDNA, or Poser World.)
    ...

    You DID check a box - because I remember all those messages "I don't get emails" with the answer "go to your account and check the box".

    Rero - yes, you DID check a box (probably to get the newsletter freebies *grin*), because from time to time they have advertisings on their site to get people to subscribe to the newsletter ... which wouldn't be necessary if you are subscribed automagically

    RDNA and PoserWorld I don't remember ...

  • robkelkrobkelk Posts: 3,259
    edited December 1969

    DAZ_jared said:
    I can say that we've already spoken with our lawyers and taken the steps necessary to be CASL compliant. From what I understand form the CASL implied consent is sufficient if you have an established business relationship, or something like that. I'm not sure of the particulars, but our lawyers already sorted it out.

    Good to hear - thanks for the update.

    And now I'll bow out of the thread, and let others do with it what they will...

  • sfaa69sfaa69 Posts: 353
    edited December 1969

    Common sense is so Newtonian.

  • fixmypcmikefixmypcmike Posts: 19,583
    edited December 1969

    sfaa69 said:
    Common sense is so Newtonian.

    True. Although most people just get bumps on their heads when apples fall on them.

  • SimonJMSimonJM Posts: 5,980
    edited December 1969

    fixmypcmike said:
    sfaa69 said:
    Common sense is so Newtonian.

    True. Although most people just get bumps on their heads when apples fall on them.
    Bumps or Displacements? And would either be Normal? ;)

  • LeatherGryphonLeatherGryphon Posts: 11,505
    edited December 1969

    DanaTA said:
    I've long held the belief, and professed that belief, that sense is not common!

    Dana

    Senselessness is the goal of ostriches with their heads in the sand. Much like politicians.

  • TJohnTJohn Posts: 11,095
    edited December 1969

    LeatherGryphon said:
    DanaTA said:
    I've long held the belief, and professed that belief, that sense is not common!

    Dana

    Senselessness is the goal of ostriches with their heads in the sand. Much like politicians.
    That is not the place you will find a politician's head. :P

  • DanaTADanaTA Posts: 13,207
    edited December 1969

    ChangelingChick said:
    DanaTA said:
    ChangelingChick said:
    DanaTA said:
    I've long held the belief, and professed that belief, that sense is not common!

    Dana

    Deadpool claims it as one of his superpowers.

    Who's Deadpool?

    Dana

    The world's most sarcastic comic book character:
    http://en.wikipedia.org/w/index.php?title=Deadpool

    Oh. Well, the introduction to the show Divorce Court also claims that Judge Lynn Tohler is full of common sense. My argument remains that sense is not common. And for proof of that one need look no further than that show! If sense were common, she wouldn't be rich from working on that show!

    I always told my friend, "The world is full of idiots!" So far, the world hasn't proven me wrong. :smirk:

    Dana

  • DanaTADanaTA Posts: 13,207
    edited December 1969

    Kerya said:
    robkelk said:
    ...
    Did I check a box, or did I not unckeck a pre-checked box? I don't remember. (I also don't remember whether I checked or didn't un-check a box at Renderosity, RuntimeDNA, or Poser World.)
    ...

    You DID check a box - because I remember all those messages "I don't get emails" with the answer "go to your account and check the box".

    Rero - yes, you DID check a box (probably to get the newsletter freebies *grin*), because from time to time they have advertisings on their site to get people to subscribe to the newsletter ... which wouldn't be necessary if you are subscribed automagically

    RDNA and PoserWorld I don't remember ...

    My membership has expired at PoserWorld over a year ago and I still get the newsletters!

    Dana

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