[et_pb_section fb_built=”1″ _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_row _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_text admin_label=”Intro” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n
A record US$60,000 fine for a Canadian spammer and strengthening global laws targeting aggressive email marketing tactics should prompt agencies to revamp their email marketing campaign processes, according to Vendasta Manager of Marketing Programs, Bryce Turner.<\/span><\/p>\n Canada this year issued its<\/span> largest-ever fine<\/span><\/a> to an individual marketing agency for sending unsolicited messages. Scott William Brewer, owner of Advanced Sales Force, was fined C$75,000 (US$60,000) when he violated <\/span>Canadian Anti-Spam Legislation <\/span><\/i>(CASL) by sending more than 670,000 emails between 2015 and 2018.<\/span><\/p>\n The campaigns promoted Brewer\u2019s online marketing and web page development services, and independent online casinos who would compensate him through affiliate marketing programs for referring new customers.<\/span><\/p>\n Canada\u2019s anti-spam watchdog acted on recipient complaints and found Brewer sent over these hundreds of thousands of emails without recipient consent and before email provider anti-spam defenses could respond and block them. It is a tactic known as hailstorm spamming.<\/span><\/p>\n Turner says this case study is important for marketers to note as anti-spam regulators in Canada, the United States, and Europe seek to further clamp down on unsolicited messages, consentless marketing, and poor data protection practices.<\/span><\/p>\n \u201cAgencies need to ensure they\u2019re compliant with anti-spam legislation in the jurisdictions which their leads and customers are based. Regulators are likely going to step up fines and enforcement actions against companies engaging in misleading and spam marketing,\u201d he says.<\/span><\/p>\n In the final part of <\/span>The Building Blocks of Effective Email Campaign Marketing <\/b>series, Turner discusses what you need to know about anti-spam laws and shares top tips to ensure your agency complies with regulations.<\/span> [\/et_pb_text][et_pb_text admin_label=”Table of Contents” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n [adrotate banner=”216″]<\/li>\n<\/ul>\n [\/et_pb_text][et_pb_text admin_label=”The impact of spam on your \u2018deliverability rate\u2019 (1\/3)” module_id=”impactofspamdeliverabilityrate” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n Merriam-Webster Dictionary describes the term spam as: \u201c<\/span>unsolicited [and] usually commercial messages (such as emails, text messages, or Internet postings) sent to a large number of recipients or posted in a large number of places.\u201d<\/span><\/p>\n Nearly <\/span>half of all emails<\/span><\/a> in 2020 were spam, according to 99 firms, a company that connects small and medium businesses (SMBs) with marketing agencies.<\/span><\/p>\n However, Turner says no major email marketing laws globally have a hard definition of what constitutes spam. “But suffice to say that your subscribers don\u2019t need to hear from you every hour or every day. You want to ensure the frequency of your email campaigns suits your goals without pestering your readers,” he says.<\/span><\/p>\n [\/et_pb_text][et_pb_text admin_label=”The impact of spam on your \u2018deliverability rate\u2019 (2\/3)” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n While laws don\u2019t specifically make it illegal to bombard SMBs who have provided marketing consent – which is discussed in the next section – email service providers such as Microsoft and Google are filtering messages that appear to be repetitive, irrelevant, and unsafe for recipients.<\/span><\/p>\n Gmail and Outlook have categorized email inboxes into a \u2018primary\u2019\u00a0 and \u2018promotions\u2019 or \u2018other\u2019 folder (see the below example).<\/span><\/p>\n [\/et_pb_text][et_pb_image src=”\/blog\/wp-content\/uploads\/sites\/6\/2025\/07\/unblurimageai_download.webp” alt=”mail” title_text=”Gmail Folders” admin_label=”Image – Gmail promotions tab” _builder_version=”4.27.4″ _module_preset=”default” global_colors_info=”{}”][\/et_pb_image][et_pb_text admin_label=”The impact of spam on your \u2018deliverability rate\u2019 (3\/3)” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n Where an email ends up landing is determined by the \u201cdeliverability rate,\u201d which is a score assigned to each sender by an email service provider. It\u2019s measured by factors including how often the sender\u2019s messages are deleted and marked as spam, and \u201csuspicious\u201d keywords used in messages such as \u201c100% free\u201d and \u201cyou won $1 million!\u201d.<\/span><\/p>\n \u201cWhen your deliverability rate falls below a certain threshold, your emails no longer make it to a recipient\u2019s \u2018primary\u2019 inbox. That\u2019s going to have an adverse impact on your open and click-through rates because Google and Microsoft have deemed they\u2019re likely promotional or spam emails,\u201d Turner says.<\/span><\/p>\n The conclusion here seems obvious. Just because you can send lots of emails to a large group of people who have given you permission doesn\u2019t mean you should.\u00a0<\/span><\/p>\n \u201cThe ability of recipients to complain and mark your emails as spam, in conjunction with the increasingly sophisticated filters being developed by email service providers, will ensure your agency\u2019s campaigns will eventually go unnoticed if you\u2019re doing the wrong thing,\u201d he says.<\/span><\/p>\n [\/et_pb_text][et_pb_text admin_label=”Understand the two types of consent rules” module_id=”twoconsentrules” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n Pointing to the Canadian study, Turner says the biggest mistake Brewer made was marketing to email recipients without obtaining their consent.<\/span><\/p>\n \u201cConsent involves getting the permission of your subscribers to email them and it can be granted implicitly or explicitly. However, consent works in different ways depending on the jurisdiction,\u201d he says.<\/span><\/p>\n Turner explains there are two types of marketing consent rules:<\/span><\/p>\n <\/p>\n <\/p>\n While consent rules seem straightforward enough, important nuances arise depending on the jurisdiction.<\/b><\/p>\n [\/et_pb_text][et_pb_testimonial author=”Bryce Turner ” job_title=”Manager of Marketing Programs” company_name=”Vendasta ” portrait_url=”\/blog\/wp-content\/uploads\/sites\/6\/2025\/07\/download-42.webp” quote_icon_background_color=”#ecf0f5″ admin_label=”Bryce Testimonial” _builder_version=”4.27.4″ _module_preset=”default” body_text_color=”gcid-body-color” author_text_color=”#666666″ position_text_color=”#666666″ company_text_color=”#666666″ max_width=”95%” global_colors_info=”{%22gcid-body-color%22:%91%22body_text_color%22%93}” body_text_color__hover=”#000000″ body_text_color__hover_enabled=”on|hover”]<\/p>\n Opt-out only applies in the United States, which really is the Wild Wild West when it comes to email marketing. In America, you can market to someone without permission and that\u2019s totally legal. However, what you need to provide is an easy way to let them opt-out of your marketing and honor unsubscribe requests within 10 business days.\u00a0<\/span><\/p>\n [\/et_pb_testimonial][et_pb_text admin_label=”Understand the two types of consent rules cont’d” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n The opt-in consent rule only legally applies for recipients in major jurisdictions outside the United States, where email marketing is regulated by <\/span>The Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003<\/span><\/i> (<\/span>CAN-SPAM)<\/span><\/a> and enforced by the United States Federal Trade Commission (FTC).<\/span><\/p>\n In Canada and Europe, sending marketing emails without permission is a violation of the laws in those jurisdictions, so obtaining consent is mandatory.<\/span><\/p>\n [\/et_pb_text][et_pb_image src=”\/blog\/wp-content\/uploads\/sites\/6\/2025\/07\/download-1-14.webp” alt=”bg” title_text=”Be aware that foreign laws can apply to you-1200×400″ admin_label=”Image – Beware that foreign laws apply” _builder_version=”4.27.4″ _module_preset=”default” global_colors_info=”{}”][\/et_pb_image][et_pb_text admin_label=”Be aware that foreign laws can apply to you” module_id=”bewareforeignlaws” _builder_version=”4.18.0″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n Turner says one of the biggest email campaign marketing<\/a> misconceptions among agencies is that they only have to comply with anti-spam laws of the jurisdiction in which their office address is based. This is untrue.<\/span><\/p>\n \u201cIf you\u2019re based in Boston and you\u2019re marketing to clients and prospects in Canada, then Canadian anti-spam legislation applies to you. If you\u2019ve got clients or prospects in Germany, then European law applies to you,\u201d he says.<\/span><\/p>\n \u201cAnother thing that gets missed is that, if your clients are in California, then you have to consider the specific legislation that California has developed to protect consumers from spam on top of the CAN-SPAM Act.\u201d<\/span><\/p>\n Different jurisdictions have their own anti-spam and data protection laws, and penalties vary. Primary regulations that United States agencies need to abide by include, but are not limited to, the following:<\/span><\/p>\n <\/p>\n <\/p>\n Depending on the jurisdiction you\u2019re marketing to, you may also be required to provide or obtain recipient agreement with your privacy policy which requires your agency to disclose:<\/span><\/p>\n <\/p>\n <\/p>\n Turner says if you have an online store or if you\u2019re marketing to people online in the United States, you\u2019re likely to have customers or potential customers in California, so you should take care to comply with CCPA.<\/span><\/p>\n [\/et_pb_text][et_pb_text admin_label=”Fines vary significantly across regions” module_id=”finesvaryregionally” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]<\/p>\n Brewer was hit with a US$60,000 fine for his unsolicited hailstorm spam campaign, but Turner says regulators have the power to go much further under the law.<\/span><\/p>\n \u201cFines can be astronomical for any single person or agency. In the United States the FTC can technically fine you up to US$43,792 for each separate email that is in violation of the CAN-SPAM Act,\u201d he says.<\/span><\/p>\n \u201cIn Europe, it\u2019s much worse. They can actually fine you 4 percent of your prior year\u2019s revenue or up to US$23.5 million (20 million euros). In Canada it\u2019s up to US$800,000 (C$1 million) for an individual.\u201d<\/span><\/p>\n
<\/span><\/p>\nTable of Contents<\/h2>\n
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The impact of spam on your \u2018deliverability rate\u2019<\/h3>\n
Understand the two types of consent rules<\/span><\/h2>\n
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Be aware that foreign laws can apply to you<\/span><\/h2>\n
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Fines vary significantly across regions<\/span><\/h2>\n