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Category Archives: CASL

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In New CASL Case, CRTC Sends $15,000 Message

Posted in CASL

The biggest changes to CASL since CASL are on the horizon but the Canadian Radio-Television and Telecommunications Commission (“CRTC”) just showed us that it still cares about the little things. All it took was complaints about 58 emails – fewer emails than many people receive in a day – for the CRTC to impose an… → Read More

Seven Practical Lessons from CRTC’s First CASL Enforcement Decision

Posted in CASL

Although CASL has been in force since July 1, 2014, the Canadian Radio-Television and Telecommunications Commission (“CRTC”) has conducted its investigations and levied its penalties in a generally non-public manner.  Until now, the CRTC’s Compliance and Enforcement branch had publicly commented on only one Notice of Violation (“NoV”) under CASL.  We understand that an undisclosed… → Read More

Proving Consent under CASL: CRTC Issues Enforcement Advisory Notice

Posted in CASL, Regulatory Compliance

The Canadian Radio-television and Telecommunications Commission (“CTRC”) has issued an Enforcement Advisory notice directed to businesses and individuals that send commercial electronic messages (“CEMs”) as part of their commercial activities. Notably, the sender of CEMs must have the consent of the recipient to send them a message, or else the message is considered spam. Section 13… → Read More

Canada’s Anti-Spam Legislation: Considering CASL in Business Transactions

Posted in CASL

Since coming into force on July 1st, 2014, Canada’s Anti-Spam Legislation (“CASL”) has created new concerns and risks that must be addressed in business transactions. This post reviews those concerns in the context of asset acquisitions, specifically the risks associated with the transfer of CASL consents for the purposes of sending marketing messages to business… → Read More

Flawed Unsubscribes, No Proof of Consent Trip Up Porter Airlines in CASL Enforcement

Posted in CASL

The Canadian Radio-television and Telecommunications Commission (“CRTC”) announced that Porter Airlines Inc. has agreed to pay $150,000 as part of an undertaking for alleged violations of Canada’s anti-spam legislation. A company caught in the CASL crosshairs can pay the penalty assessed by the CRTC, make written representations (in aid of reducing such penalty), or enter… → Read More

PlentyofFish Hooked by Anti-Spam Legislation

Posted in CASL, Regulatory Compliance

Canada’s Anti-Spam Legislation (“CASL”) came into force on July 1, 2014, creating new requirements for sending commercial electronic messages (“CEM”). A non-compliant business risks having “administrative monetary penalties” (or “AMPs,”, which are essentially fines) levied against it by the CRTC. However, until recently, there has been no guidance on how aggressively CASL would be enforced,… → Read More