in a commercial activity, regardless of
whether that activity is carried out with
the expectation of profit.
The three requirements of CEMs
Generally speaking, if a CEM is sent to
an electronic address, the sender has to
comply with three main requirements:
1. Obtain the appropriate consent
from the recipient (which may be
express or implied), noting that an
electronic message just seeking
consent is considered a CEM.
2. The CEM must clearly provide specific
contact information directly or
via a link.
3. The CEM must provide an easy-toperform
unsubscribe mechanism,
such as a reply option or a “click to
unsubscribe” link. The unsubscribe
request must be processed within
10 business days and any link must
remain “good” for at least 60 days.
Enforcement
The CRTC has been the main enforcer
of the provisions of CASL. Most businesses
have agreed to enter into an
undertaking with the CRTC whereby
they agree to improve their compliance
with CASL – and pay a penalty – for
such violations as:
• Sending CEMs that did not contain
an unsubscribe mechanism that
was set out clearly and prominently,
and that could be readily performed
($48,000 penalty)
• Sending CEMs that did not contain:
(a) an unsubscribe mechanism
that was set out clearly and prominently;
and (b) complete contact
information
• Further, failing to honour, within 10
business days, unsubscribe requests
and failing to have sufficient proof of
consent for each electronic address
that CEMs were sent to ($150,000
penalty)
• Sending CEMs that did not contain
an unsubscribe mechanism that
functioned properly and could be
readily performed by the recipient.
Failing to honour, within 10 business
days, unsubscribe requests
($200,000 penalty)
• Sending out CEMs without appropriate
consent – even though a third
party service provider may have
been the source of the error ($60,000
penalty)
The CRTC has been actively seeking
Canadians to report suspected violations
of CASL to the “Spam Reporting
Centre.” More recently, the CRTC:
• As a result of only 50 complaints,
fined a business $50,000 for sending
CEMs without appropriate consent
The PIPE MILL with FAST SERVICE
Producing:
24”-192” OD
.312”-2.00” Wall
Lengths up to 120 ft.
Straight Seam - DSAW
20 ft. Lengths in Stock
800-821-3475
Fax: 815-964-0045
PipeSales@ArntzenCorp.com
Shipping Nationwide and Canada
TM RAMMING QUALITY
• As a result of only 58 complaints,
fined a sole-proprietorship $15,000
for sending out non-compliant CEMs
Is consent always required?
CASL does remove the consent requirement
but maintains the other two
requirements for CEMs in certain situations,
that include:
• Providing a quote or estimate if
requested by the recipient
• Providing facilitation, completion
or confirmation of a commercial
transaction that the recipient previously
agreed to enter into with the
sender
• Providing warranty information,
product recall information or safety
information about a product that
the recipient used or purchased
• Providing notification about factual
information about the ongoing
use or purchase of a product or
service, subscription, account or
membership
In addition to the above, CASL also
provides for certain further exceptions,
which remove all of the requirements,
in very limited and specific circumstances,
such as internal business
communications and communications
between businesses with existing
relationships.
LEGAL
Recently, the CRTC, as a result of
only 50 complaints, fined a business
$50,000 for sending CEMs without
appropriate consent.
Municon Consultants
Vibration Monitoring, Construction Instrumentation, Photo Surveys
Vibration Monitoring: Ground, Water & Air.
Inclinometer, Piezometer & Tiltmeter Systems.
Remote Reading for Economical Long Term Monitoring
2200 Jerrold Ave, Suite K, San Francisco CA 94124
Phone: 415-641-2570 Fax: 415-282-4097
78 Q2 2017 www.pilingcanada.ca
/www.pilingcanada.ca
link
/www.pilingcanada.ca
link
