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For early stage (Known & Engaged) prospects is there an issue using inferred country as a filter to send to US prospects in effort to filter out Canadians?

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For early stage (Known & Engaged) prospects is there an issue using inferred country as a filter to send to US prospects in effort to filter out Canadians?

Hello Everyone!

Background:

We are looking to email our US prospect database (Known and Engaged Leads) and do not want to violate CASL. 

Question:

What are your opinions about using Inferred Country as a filter in a smart list to send to US prospects since we do not have their Country field populated by sales or a web form yet? Will this work to filter out Canadians or is Inferred Country not that accurate?

Example Smart List Filters:

Lead Status IS Known or Engaged

AND

Inferred Country IS US or United States

Thank you in advance!

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Level 10 - Community Moderator

Re: For early stage (Known & Engaged) prospects is there an issue using inferred country as a filter to send to US prospects in effort to filter out Canadians?

Make sure to post your questions to Products.

I wouldn't use Inferred Country a base for legal decisions, since it is known to be inaccurate. Merely venturing across the border on a business trip or using a US-based VPN doesn't exempt a lead from CASL. But your own legal team would be the ones to make that call.

On the flipside, if you use Inferred Country == Canada as a baseline to include leads under CASL restrictions, there's no legal harm in that (though you will erroneously include some leads). But that's a subset of the leads that actually need to be included.

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Level 10 - Community Moderator

Re: For early stage (Known & Engaged) prospects is there an issue using inferred country as a filter to send to US prospects in effort to filter out Canadians?

Make sure to post your questions to Products.

I wouldn't use Inferred Country a base for legal decisions, since it is known to be inaccurate. Merely venturing across the border on a business trip or using a US-based VPN doesn't exempt a lead from CASL. But your own legal team would be the ones to make that call.

On the flipside, if you use Inferred Country == Canada as a baseline to include leads under CASL restrictions, there's no legal harm in that (though you will erroneously include some leads). But that's a subset of the leads that actually need to be included.

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Re: For early stage (Known & Engaged) prospects is there an issue using inferred country as a filter to send to US prospects in effort to filter out Canadians?

Thank you Sanford!  I will go ahead and not use it to be safe.  I will also post my questions to products.