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Business Law, Litigation

Effective July 1, 2017, Canada's anti-spam legislation will have more bite.

May 31st, 2017

For some years now, Canadian companies cannot send unsolicited e-mails without the consent of the recipients. But the rules of the game will change this summer as recipients will be able to directly institute proceedings against spammers.

During the first three years of the act, people who received spams in violation of the law could only complain to law enforcement agencies. It was up to those organizations to seek penalties or injunctions. They did it sometimes, but not for every violation. For example, Rogers Media Inc. had to pay $200,000 due to a non-compliant email campaign and Porter Airlines Inc. $150,000.

As of July 1, anyone affected by spams may apply directly to a court to ask that the sender be condemned to pay the losses and expenses incurred as a result of the unsolicited messages. But it does not stop there! The applicant may also obtain from the court an amount of $200 per spam sent (to anyone), up to $1,000,000 per day! Yes, a million dollars a day.

An army of lawyers specializing in class actions are on the lookout for potential lawsuits. If your company sends emails to current or potential customers, you should make sure that your system now meets all the requirements of the act. You certainly do not want to have to defend yourself against such recourse. We can assist you if you want to know more.


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