As of July 1, 2017, individuals and organizations will be entitled to institute a "private right of action" before the courts against those that contravene certain provisions of Canada's Anti-Spam Law ("CASL"). In the event of a contravention of the message rules in CASL, a monetary penalty up to a maximum of $1,000,000 per day may be imposed. This private right of action should be taken seriously right now. From this perspective and building on previous publications, this bulletin discusses this new mechanism.
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 customers.
The Canadian Radio-television and Telecommunications Commission (CRTC) has been vigorously pursuing violations of the National Do Not Call (DNCL) Rules, which are a component of the Unsolicited Telecommunications Rules (UTR). The UTRs encompass the National Do Not Call (DNCL) Rules, Telemarketing Rules and Automatic Dialing-Announcing Device (ADAD) Rules.