Don’t Forget the Consents!

By , Ryan Turner on 2015/06/30

Anti Spam ImageThe CRTC is on a roll with yet another substantial fine under the new CASL regime.  Porter Airlines Inc. has received a $150,000 fine for its CASL violations which included:

(1) sending commercial electronic messages (“CEMs”) which failed to include the required unsubscribe option;

(2) failing to respond to requests for unsubscribes in within 10 days;

(3) sending CEMs without the required contact information; and

(4) failing to provide proof that consent had been obtained for all CEMs sent between July 2014 and February 2015.

 It is important for business to note that:

  • the CRTC will review CEMs sent from the implementation of the legislation – being July 1, 2014 and impose fines for past violations;
  • proof of consent must be recorded and be available for every CEM sent by a business;
  • relying on general business practices and what others in the industry are doing as proof of consent is not sufficient if audited by the CRTC;
  • and importantly, the CRTC is not holding back on its fines with yet another 6 figured fine imposed in this case.

July 1st marks the one year mark since CASL was implemented.  If you have not already done so it’s time to audit your CEM practices and implement appropriate procedures and policies to conform with this new regulatory scheme.

Please contact either Shereese Qually at 204.988.0382 or Ryan Turner at 204.988.0328 with any questions you may have.

DISCLAIMER: This article is presented for informational purposes only.  The views expressed are solely the author(s)’ and should not be attributed to any other party, including Taylor McCaffrey LLP.  While care is taken to ensure accuracy, before relying upon the information in this article you should seek and be guided by legal advice based on your specific circumstances.  The information in this article does not constitute legal advice or solicitation and does not create a solicitor-client relationship.  Any unsolicited information sent to the author(s) cannot be considered to be solicitor-client privileged.

If you would like legal advice, kindly contact the author(s) directly or the firm's Managing Partner Norm Snyder at nksnyder@tmlawyers.com, or 204.988.0302.