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Anti Spam

CASL Penalties

Top three reasons for CRTC Penalties

There are many reasons for which a corporation may be penalized under Canada’s Anti-Spam Legislation.  However, there aren’t any reasons for an organization not to implement a compliance program.  This post provides you with an introduction of Canada’s Anti-Spam Legislation (CASL), lists the top three reasons for penalties (2015 May-July), provide a summary of recent penalties.

 

A Video Introduction of Canada’s Anti-Spam Legislation

CASL Penalties

In recent years, relatively low penalties for privacy violation have contributed to a lack of compliance with privacy laws. CASL empowers the Canadian Radio-television and Telecommunications Commission (CRTC) to impose administrative monetary penalties of up to $10 million for corporations and $1 million for individuals, as well as statutory damages of up to $1 million a day for continued non-compliance. As well, beginning on July 1, 2017, a private right of action will allow consumers and businesses to sue parties violating CASL and recover damages. For the first time, this will enable private citizens to launch class action suits against spammers.

Top Three reasons for CRTC Anti Spam Penalties

The last three months the top three penalties were the following:

  1. Abusing Automatic Dialing Calls , in many situations the citizens were already on the Do-Not-Call Registry, some of the organizations registered nor subscribed with the Do Not Call List operator
  2. Violating the National Do not call List
  3. Unsolicited communications with individuals who have no prior relationship with the company

reasons for penalties

Avoid the Penalties, Implement a CASL Compliance Program

Largest Recent Penalty 240K

In the last two months, the largest Penalty was 240K to Metroland Media Group. A CRTC investigation found that Metroland Media Group Ltd. performed unsolicited telecommunications via an Automatic Dialing-Announcing Device (ADAD) while not providing the proper contact information at the beginning of the message. In addition to paying an administrative monetary penalty, Metroland Media Group Ltd. agreed to implement a compliance program.

 

Recent Decisions

May-2015 Outsource 3000 Inc. Automatic Dialing-Announcing Device (ADAD) $ 15,000
May-2015 Ontario Eco Energy Inc. Unsolicited Telecommunications $ 30,000
May-2015 Scentral Cleaning Services National Do Not Call List violation $ 20,000
May-2015 Eagle Water of Ontario National Do Not Call List violation $ 32,500
May-2015 AcademyOne Learning Ltd. National Do Not Call List violation $ 25,000
April-15 Lev Olevson National Do Not Call List violation $ 16,000
March-15 Metroland Media Group Ltd. Automatic Dialing-Announcing Device (ADAD) $ 240,000

Full List of violations is found on CRTC’s website.

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