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ARTICLE · 28 MARCH 2017

Class Actions For Spam And Canada's Anti-Spam Legislation's Private Right Of Action?

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Canada's anti-spam legislation ("CASL") generally prohibits the transmission of commercial electronic messages ("CEMs") without a recipient's express or implied consent.

CanadaLitigation, Mediation & Arbitration
Lucas Lung
Lucas Lung
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Also authored by: Eric Dumschat, Student-at-Law

Canada's anti-spam legislation ("CASL") generally prohibits the transmission of commercial electronic messages ("CEMs") without a recipient's express or implied consent. CASL came into effect on July 1, 2014 to much fanfare and, ironically, was preceded by a flurry of emails requesting permission to communicate electronically. To date, there have been very few prosecutions and, to the knowledge of these writers, no judicial consideration of CASL's provisions. However, that may change after July 1, 2017.

On July 1, 2017, the private right of action in section 47 of CASL comes into force. Affected private persons will then be able to seek an order against those they allege:

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