Canada’s online legal magazine.

Search Results

Your search for “casl” has returned the following results:

CRTC Compufinder Decision Lowers CASL Spam Penalty

The CRTC recently released 2 CASL decisions on Compufinder. If this sounds familiar, it is because this is an appeal from an initial finding in 2015 that levied a $1.1 million penalty. Compufinder took the position that CASL is unconstitutional. Many legal experts have questioned the ability of the Federal Government to pass this legislation. The CRTC decided that CASL is constitutional. But this is not the last word. Inevitably this will be...
Posted in: Case Comment, Substantive Law

Monday’s Mix

...parated in 2016 and started the process of untangling their financial affairs. The wife continued to live in the $1.7 million matrimonial home with their two school-aged children. … Canadian Privacy Law Blog CRTC finds CASL to be constitutional in CompuFinder challenge On October 19, 2017, the CRTC issued its decision in a constitutional challenge to CASL brought by CompuFinder. You may recall that in 2015, the CRTC levied the largest...
Posted in: Monday’s Mix

Personal Liability Under Canada’s Anti-Spam Law

...fically the CRTC alleged that the unsubscribe mechanism did not function or could not be readily performed and also alleged that unsubscribe requests were not acted upon within 10 business days after requested as required by CASL. The CRTC pursued Mr. Halazon asserting personal liability under Section 31 of CASL. It appears that the CRTC did not pursue Couch Commerce for the violation. The CRTC reported that Mr. Halazon entered into an...
Posted in: Intellectual Property

CASL Private Right of Action Suspended – but CASL Is Still Here

...ome into force on July 1. The private right of action (most likely in the form of class actions) would have allowed people to sue anyone for sending spam. Or more accurately for those who violated the technical provisions of CASL. This is a welcome move. But while we can breathe a sigh of relief that this remedy is gone, CASL still remains in force and must be complied with. The government’s press release said: Canadians deserve an...
Posted in: Substantive Law: Legislation

CASL Class Actions Are Looming

...ect to enforcement proceedings by the CRTC. But after July 1, those who have been spammed in violation of CASL can sue the sender. Here are some things to keep in mind about the private right of action. Individuals can sue a CASL violator – but class actions are most likely. CASL does not say if the right applies only to violations that occur after July 1. That would be the most obvious interpretation, but expect plaintiffs to say it is...
Posted in: Substantive Law: Legislation

10 Things to Watch for at the Intersection of Tech and Law in 2017

...anti-spam legislation, has been with us since July 2014. It’s a terrible piece of legislation for many reasons. In July 2017 a private right of action becomes effective that will allow anyone who receives spam as defined by CASL to sue the sender. CASL sets out statutory damages, so the complainant does not have to prove any damages. Class actions will no doubt be launched. The sad part is that breaches of CASL are to a large extent breaches of...
Posted in: Technology

CRTC Assesses Conspicuous Publication Basis of Implied Consent in CASL Enforcement Decision

...slation. Develop a compliance program. Development of a policy and actions to support the compliance efforts mean that an organization is more likely to understand the scope and limitation of the implied consent regime under CASL. If served with a Notice of Violation take it seriously and take the opportunity to provide representations and develop those representations based on an understanding of CASL and the organization’s compliance...
Posted in: Intellectual Property

Should Digital Marketing Be Important to Lawyers?

...el read newsletters and/or client alerts sent via email somewhat often or very often. 78% of Chief Marketing Officers (CMOs) respondent’s firms publish client alerts, and 56% publish a firm-wide newsletter for clients. • But CASL (Canada’s Anti-Spam Legislations) greatly impacted law firm marketing 55% of CMO’s reported that 25-74% of their e-mail marketing subscribers were lost due to CASL compliance. Legal Process Outsourcing is Not Standard...
Posted in: Legal Marketing

CASL Still Confusing

...le of silver linings. Getting CASL in front of the courts may provide some badly needed guidance on how to interpret and apply it in practice. So far, the handful of cases the CRTC has made public have not provided enough detail to help with that. There is some thought that CASL could be struck down on constitutional grounds. Any business sued under the private right of action should include that in its defence. The possibility of CASL being...
Posted in: Substantive Law, Substantive Law: Legislation

CRTC Advisory on CASL Consent Record Keeping

...nder CASL pertaining to record keeping.” The problem in practice is that keeping those records can be a herculean task. I’m concerned that the difficulty of getting this right will make many businesses fodder for CASL breach class action lawsuits when that right becomes available in 2017. My personal view continues to be that the prime effect of CASL is to add a huge compliance burden to legitimate businesses. It may give some tools...
Posted in: Substantive Law, Technology

Don’t Take the Bait on a Spear Phishing Scam

..., calling the number and asking for the person by name. The only time this didn't work was when a superior *ordered* me to call a scammer back at the number they provided. Mike This is part of why I have so much contempt for CASL and similar programs. Honest but cautious lawyers are worried about whether their holiday greetings are going to attract the attention of officious bureaucrats while a hundred different kinds of phishing scams continue...
Posted in: Technology: Internet

Monday’s Mix

...r work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Barry Sookman  2. Clio Blog 3. Rule of Law  4. Double Aspect  5. National Blog Barry Sookman CASL gets Rogers Media The CRTC announced yesterday that it bagged another CASL pelt – this time Rogers Media. The company agreed to an undertaking with the CRTC and to pay $200,000 to avoid expensive enforcement...
Posted in: Monday’s Mix