New email law is here and with teeth

MORIN-HEIGHTS, QC – Canada’s new anti-spam law (CASL), prohibiting businesses from sending emails to individuals without the person’s full (stated) consent, went into effect July 1, 2014 and the government has already issued its first fine. Of $1.1-million, no less.

The Canadian Radio-television and Telecommunications Commission (CRTC) issued a notice of violation and hefty fine against Compu-Finder, a Quebec-based corporate training services provider.

The CRTC alleged that between July 2, 2014 (the day after CASL came into force) and September 16, 2014, Compu-Finder sent commercial electronic messages without the consent of the recipient and without a properly functioning unsubscribe mechanism, thus violating the Act on four occasions.

Facts about CASL:

  • The maximum penalty for violation of the act is $10-million per violation, much higher than what Compu-Finder got ($1.1-million per four violations averages out to about $275,000 per violation);
  • The amount of the penalty is decided on a list of factors including the offender’s ability to pay;
  • The CRTC will investigate into companies based on complaints received (complaints against Compu-Finder accounted for 26 percent of all complaints received by the CRTC, according to Toronto law firm Blakes);
  • There is a business-to-business exemption where businesses sending messages to other businesses with which the sender has a relationship and where the message concerns the activities of the organization to which the message is sent are allowed under CASL.

For more information, click here to check out the Federal Government’s anti-spam information page.


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