With Canada’s anti-spam law (Bill C-28), many customers ask us the following question: What do I do with the 2,000 people on my list who have been receiving my emails for a long time but whose consent I haven’t been able to get? Do I remove them from my list? After discussing it with our lawyers, here is our answer: NO! Keep emailing them. Here’s why. First, there is no private right of action possible until 2017. So you can’t be sued directly by those 2,000 people who receive your emails. Second, there is very little risk that people who have been receiving your emails for a long time and have never unsubscribed will decide on July 1 to report you to the CRTC. And in the unlikely event that it happens, the CRTC has announced it will focus on the most serious violations because it doesn’t have enough staff to handle every complaint. La Presse wrote on May 28: “Manon Bombardier, Chief Compliance and Enforcement Officer at the CRTC, expects hundreds of complaints to reach the organization every day. The Commission will therefore focus on the most serious violations, Ms. Bombardier said.” (translated) Read the La Presse article (in French) Finally, if you ever receive a notice of violation from the CRTC, you’ll be able to show your good faith by explaining all the steps you’ve taken and providing statistics proving that the complainant(s) have been receiving and opening your emails for a long time. Ms. Bombardier of the CRTC explained in Les Affaires on June 14: Before taking civil action, the CRTC can issue a compliance letter to businesses or individuals who are the subject of a complaint. “Such a document explains the alleged violations, but not how to comply with the law,” she says. Organizations or individuals who receive such a document will then have to show that they have taken the necessary steps to comply with the law. “Businesses will also be able to approach the CRTC by committing to take measures to avoid future non-compliance,” adds Manon Bombardier. The law provides that if a person enters into an undertaking after a complaint, the violation proceedings end with respect to the acts or omissions covered by the undertaking. In addition, if a person submits an undertaking before being the subject of a complaint, “no notice of violation may be served on them in respect of the acts or omissions it covers.” (translated) Read the Les Affaires article (in French, subscribers only) So if you show your commitment to taking the necessary steps to comply with the law, it is very reasonable to think the CRTC will be lenient with you. For all these reasons, we strongly suggest you keep emailing those 2,000 contacts and regularly invite them to give you their express consent.