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Retailer Settles CASL Violation Allegations for $200,000

On December 6, 2021, Gap Inc. (Gap) entered into an undertaking under Canada’s Anti Spam Law (CASL) to address allegations that it violated CASL.[1]

The undertaking resolves the allegations against Gap and its subsidiaries Banana Republic and Old Navy. Alleged were that Gap (and its subsidiaries) had sent commercial electronic messages without the consent of the recipients. A further allegation was that the messages did not include an unsubscribe mechanism that could be readily performed.

The terms of the undertaking require Gap to commit to updating its compliance program addressing the sending of commercial electronic messages. Elements of a compliance program include corporate compliance policies and procedures, training of staff as well as monitoring, auditing and reporting mechanisms.

Under the undertaking Gap also pays $200,000.

The undertaking also requires Gap to register and track complaints received under CASL as well as follow up on the resolution of those complaints.

This enforcement action acts as a reminder that despite the Covid pandemic the CRTC continues to pursue enforcement action under CASL.

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[1] See CRTC File no. 9110-2021-00605.

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