First Penalty Imposed On An Individual Over Violations Of Canada's Anti-Spam Legislation

Summary

For the first time, on March 9, 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) imposed a penalty on an individual for violating Canada's Anti-Spam Legislation (CASL). The anti-spam provisions of CASL generally prohibit, subject to limited exceptions, the sending of commercial electronic messages (such as email) unless the recipient has expressly consented to receiving the message, among other requirements.

The Decision

The CRTC's decision relates to three email campaigns, totalling 58 emails, sent by an individual advertising his design, printing and distribution services. The email campaigns took place during the Summer and Fall of 2014. Interestingly for this campaign size, 50 people complained to the CRTC.