Defending Enforcement Under CASL: Establishing Consent

In 2014, the anti-spam provisions of Canada's Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. On October 7, 2014, the CRTC announced the conclusion of its first investigation and enforcement action under CASL (see our blog post on the enforcement: CRTC Concludes First Enforcement Under Canada's New Anti-Spam Legislation). While the CRTC exercised its discretion and declined to levy fines in that investigation, an investigation alone can generate significant costs and obligations for businesses. If your business is subject to investigation under CASL, there are several ways in which you may be able demonstrate compliance with the legislation and avoid the significant penalties associated with non-compliance. One such option is to prove that you have recipient consent.