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ARTICLE · 21 JUNE 2017

CASL Confusion: What July 1 Really Signifies For Marketers

July 1, 2017 is not only Canada's 150th birthday -- it is also marks three years since Canada's Anti-Spam Legislation (CASL) has been in force.

CanadaLitigation, Mediation & Arbitration

July 1, 2017 is not only Canada's 150th birthday -- it is also marks three years since Canada's Anti-Spam Legislation (CASL) has been in force. While Canadian businesses are unlikely to celebrate the latter anniversary with barbecues and fireworks, July 1 will signify an important change in the way that CASL will apply.

Unfortunately, there seems to be some confusion about what the approaching deadline really means for marketers. From a CASL perspective, July 1 is important for 3 reasons:

Private right of action

Let's start with what it doesn't mean: July 1 will no longer mark the coming into force of the private right of action contained in the law. This provision would have allowed civil suits to be filed against individuals and organizations for alleged violations of the law. In addition to suing for actual damages, the provision also would have allowed plaintiffs to claim statutory damages (which need not be proved) of up to $200 – including for receipt of a

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