Finally CASL gets some teeth

After all the complaints logged with the CRTC regarding non authorised commercial electronic messages (CEM), finally there is a significant case been brought forward with a $1.1 million penalty. The fine is for sending CEM without consent and failure to honour the requests to subscribe.

Many marketers had to jump through hoops to adhere to this legislation that at best was vague and at worst did nothing to reduce the junk or scam emails. Last year when the Calgary Marketing Club reviewed CASL we expected that phone calls, and snail mail would increase. When we met earlier this year to discuss the next phase of the CASL regulations. I don't know how you are finding it, but as marketers we discussed how we haven't noticed an increase in calls or post, and if anything junk emails are at the same level, or higher. One of the biggest issues with CASL is that many scam emails come from outside Canada, and although the regulations talk about going after foreign entities we have yet to see any action here.

This first significant case is against a Canadian entity, and it is a significant penalty. It will be interesting to track the cases that the CRTC actively pursue, to see if it does impact the amount of unrequested emails and bring clarity to the act.

What does this mean to you? Work with your marketing team and legal representation to ensure you are CASL compliant, as enforcements take place there will be increasing clarity to the act, and this will help refine how you respond. As a consumer, if you receive CEM that you did not request or give authorisation for them to send to you, then consider filing a complaint with the CRTC. Then let's wait to see if this is the first of a series of penalties that the CRTC issue.

https://blog.bennettjones.com/2015/03/06/crtc-issues-1-1-million-penalty-canadas-new-anti-spam-legislation/