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$100,000 Payment for Alleged Text Messaging Violations of CASL

May 2, 2018

The first Undertaking involving alleged text messaging violations of Canada's Anti-Spam Legislation's commercial electronic message (CEM) rules was released yesterday by the Canadian Radio-television and Telecommunications Commission (CRTC).  The CRTC investigation alleged that two ticket resale companies sent CEMs, mainly in the form of text messages, without consent and without setting out the prescribed information to allow recipients to easily identify and contact the sender.

More specifically, the majority of CEMs sent were requests for consent, offering the opportunity to receive future commercial offers, and the information required for a request for consent was not included in the CEMs, nor did they include a link to a Web page where the information could have been found.

In addition to paying compensation of $100,000 for the alleged violations ($75,000 in the form of $10 rebate coupons offered to 7,500 clients and $25,000 paid to the Receiver General for Canada), the companies have agreed to put in place a compliance program.

We will comment on this Undertaking on our next AccessPrivacy monthly call on Wednesday, May 16, 2018 at 11:30 a.m. EDT.

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