First Anti-Spam Decision

CanadaFashionLaw previously advised on Canada’s new anti-spam legislation “CASL” (click here).  Within a year of the legislation’s enactment, we have our first decision.  This shows that companies really should pay heed to CASL and ensure that it is in compliance with its provisions.  Below is a summary of the decision against Plentyoffish Media Inc. (“Plenty of Fish”).

Plenty of Fish sent commercial electronic messages to registered users of its online dating service.  The unsubscribe mechanism was not clearly or prominently set out in the e-blasts.  In addition, the unsubscribe mechanism could not be readily performed.  The purpose of the e-blasts was to notify the Plenty of Fish subscribers of all the services that were available.  The violations occurred between July 1, 2014 and October 8, 2014.

Plenty of Fish was hit with a significant fine: $48,000.  In addition, Plenty of Fish was required to undertake that it would develop and implement a program that ensured compliance with the anti-spam legislation.  This included training and education for Plenty of Fish’ staff and the creation of corporate policies and procedures.

If you’d like to know more about Canada’s Anti-Spam Legislation, feel free to reach out to CanadaFashionLaw at afroese(at)foglers.com

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