Is HubSpot violating Canada's anti-spam law?
Jun 14, 2017 4:08 PM
We have been trying to get this question answered for exactly 2 years now to no avail. Hoping one of you can shed light on this issue. Here goes it…
HubSpot automaticlly subscribes new contacts to every active email type that exists in your portal. This has been a sticking point for us in completely moving forward with HubSpot. We currently use MailChimp for our email campaigns.
So if you have multiple active email types, let’s say A, B, C, D, and E. A new visitor fills out a form to subscribe to B, they are now a contact who is subscribed to not only B, but all others as well. Essentially they’ve just been subscribed to four additional email types without knowing they did so.
The following two articles highlight this issue.
Excerpt from A Guide to the New Canadian Anti-Spam Legislation (CASL)
It’s important to note that the recipient has to manually “opt in,” so pre-checked checkboxes are not okay for getting consent. One that the users check themselves is okay, as is a box that the users type their email addresses into with a submission button next to it that users hit, but those must also be accompanied with something explaining why you want their consent (the purpose), who you are (information), and that they can un-consent. Additionally, you can’t just put “… and I consent to receive emails” into your website’s legal copy.
Please have a look at our email preferences page to see how a new contact has to manually opt out of each type.
Excerpt from CASL and Marketing Automation
The opposing view here is that the Canadian who converted on the form was only converting for the purpose of receiving the initial content/offer and that they must opt-in to any subsequent electronic communication.
The most common advice we hear is to make sure you include a clear call-to-action in the welcome email that directs the new contact to their preference page so they can then uncheck all email types they don’t want. Not only is this bad User Experience, it seems to blantely go against Canada’s anti spam law.
Have a look at our HubSpot email preferences page to see what I am talking about.
Have any of you successfully dealt with this issue? If so, we would love to hear how you did so.
Thanks so much for the help!