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ARTICLE · 03 JULY 2015

Retailers Take Note Of CASL Crackdown

Miller Thomson
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The largest penalty to date of $1,100,000 was also issued in March against 3510395 Canada Inc. (dba Compu.Finder) for having sent commercial electronic messages without the recipient's consent...

CanadaPrivacy
Lisa Abe-Oldenburg
Lisa Abe-Oldenburg
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Porter Airlines Inc. has agreed to pay the amount of $150,000 as part of an Undertaking concerning alleged violations of paragraphs 6(1)(a), 6(2)(b) and 6(2)(c) and non-compliance with paragraph 11(1)(b) and subsection 11(3) of Canada's Anti-Spam Legislation (CASL), as well as non-compliance with subsection 2(2) and section 3 of the Electronic Commerce Protection Regulations (CRTC), during the period of 1 July 2014 to 16 April 2015, inclusively. The Chief Compliance and Enforcement Officer's investigation alleged that Porter Airlines Inc. sent certain commercial electronic messages, on its own behalf, that contained an unsubscribe mechanism that was not set out "clearly and prominently", that were missing an unsubscribe mechanism, or that did not provide complete identification information. Also, Porter Airlines Inc. was unable to provide proof of consent for some of the email addresses to which it sent commercial electronic messages. In addition to making a monetary

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