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ARTICLE · 14 AUGUST 2017

A CASL Reprieve?

Global Advertising Lawyers Alliance (GALA)
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July 1, 2017 saw Canada celebrating 150 years since Confederation, and many marketers breathing a sigh of relief.

CanadaLitigation, Mediation & Arbitration

July 1, 2017 saw Canada celebrating 150 years since Confederation, and many marketers breathing a sigh of relief.  When Canada's Anti-Spam Law ("CASL") was first introduced, that date was intended to usher in a private right of action, allowing plaintiffs "affected by an act or omission that constitutes a contravention" to seek damages (both compensatory and statutory).  But, the federal government thought otherwise. By an Order in Council released June 7, 2017, the Canadian government suspended the private right of action.  This last-minute reprieve means that, at least for the time being, those emailing or texting to or from Canada do not have to worry about private litigation from recipients of commercial electronic messages.  

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