Anti-Spam (CASL) Compliance
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Compliance with Canada’s Anti-Spam Legislation (CASL) has become critical in light of several major fines and the coming private right of action, which is expected to subject businesses to the risk of class action litigation.
Businesses have seen significant penalties under CASL, including:
- Compu-Finder – $1,100,000
- Plenty of Fish – $48,000
- Porter Airlines – $150,000
- Rogers Communications – $200,000
The businesses were investigated and, rather than face a penalty, agreed to pay the listed amounts and develop compliance programs. The exception is Compu-Finder, which was investigated and fined $1.1 million.
Starting in July of 2017, persons who believe they are affected by a violation of the anti-spam provision of CASL may apply to a court for damages, including statutory damages of up to “$200 for each contravention [ . . . ] not exceeding $1,000,000 for each day on which a contravention occurred.” This is anticipated to be a significant source of class action litigation.