The Other Shoe Drops: The Private Right Of Action Under CASL

The bulk of Canada's anti-spam law, known colloquially as CASL, came into force on July 1, 2014. CASL sets out strict rules for a variety of online behaviours and is considered the strictest anti-spam law in the world, providing for administrative monetary penalties (AMPs) of up to $1 million for individuals and $10 million for other persons. CASL is jointly enforced by the Canadian Radio-television and Telecommunications Commission, the Competition Bureau and the Privacy Commissioner of Canada, and since its inception there have been prosecutions and undertakings (a form of voluntary settlement available to preclude further action) resulting in AMPs or settlements ranging from $15,000 to $1.1 million. On July 1, 2017, the stakes will be raised even higher if, as currently scheduled, sections 47 through 51 and section 55 of CASL come into force. Section 47(1) provides for a private right of action for