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Is anyone else getting spammed by Canadian companies as part of the new antispam legislation?

alexd

Administrator
Staff member
Holy crap, the deluge of spam I am getting from Canadian companies who spam me multiple times a day sometimes so they can "remain in compliance with Canada's new antispam legislation"....

WTF?!

Is anyone else getting these emails too? I haven't signed up for any of those lists and if I ignore them now does it mean I can sue them later for continuing to spam me if I don't opt in? I hope so.
 

praktik

TRIBE Member
Compliance date is July 1, by which time they need to have captured consent from all the people they want to market to.

Deadline is approaching, so there's a flood of these now happening everywhere.

Its been a messy process - expect there to be some teething pains and we probably won't reach optimum CASL implementation for a few years. Some vague aspects of the legislation are making it messy for people to comply - we'll get a bit of back and forth in the early days as they fine tune this mess.
 

alexd

Administrator
Staff member
I wonder how many promoters are going to comply with this new legislation.

Milk is complying. Nothing from the rest so far. What can people do if they are still getting spammed after the deadline I wonder?
 

Primavera

TRIBE Member
YES!

I've gotten a few emails from Toronto Star and a few other companies

It's kind of ridiculous, "please give us permission/authority to keep spamming you"
 
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djfear

TRIBE Member
Anyone have a link to this legislation? Ah, thanks SneakyPete.

What if you signed up for a service? Do they have to send this to you, or is it obvious that you implied your consent to be sent mass emails by signing up for their service in the beginning? e.g. banks, your phone company, other companies that you have a relationships with, etc.
 
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alexd

Administrator
Staff member
Fast Facts

Canada's new anti-spam law was passed in December 2010 and, following a Governor in Council order, it will enter into force on July 1, 2014. Once the law is in force, it will help to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. On January 15, 2015, sections of the Act related to the unsolicited installation of computer programs or software come into force.

When the new law is in force, it will generally prohibit the:

  • sending of commercial electronic messages without the recipient's consent (permission), including messages to email addresses and social networking accounts, and text messages sent to a cell phone;
  • alteration of transmission data in an electronic message which results in the message being delivered to a different destination without express consent;
  • installation of computer programs without the express consent of the owner of the computer system or its agent, such as an authorized employee;
  • use of false or misleading representations online in the promotion of products or services;
  • collection of personal information through accessing a computer system in violation of federal law (e.g. the Criminal Code of Canada); and
  • collection of electronic addresses by the use of computer programs or the use of such addresses, without permission (address harvesting).

There are three government agencies responsible for enforcement of the law.

When the new law is in force, it will allow:

The Canadian Radio-television and Telecommunications Commission (CRTC) to issue administrative monetary penalties for violations of the new anti-spam law.
The Competition Bureau to seek administrative monetary penalties or criminal sanctions under the Competition Act.
The Office of the Privacy Commissioner to exercise new powers under an amended Personal Information Protection and Electronic Documents Act.
It will also allow all three agencies to share information with the government of a foreign state if the information is relevant to an investigation or proceeding in respect of a contravention of the laws of a foreign state that is substantially similar to the conduct prohibited by this Canadian law.

The law will also allow individuals and organizations who are affected by an act or omission that is in contravention of the law to bring a private right of action in court against individuals and organizations whom they allege have violated the law. Once into force, the private right of action will allow an applicant to seek actual and statutory damages. Statutory damages may not be pursued if the person or organization against whom the contravention is alleged has entered into an undertaking or has been served with a Notice of Violation.

Before filing a lawsuit against an individual or organization, get legal advice. An individual or organization could be responsible for paying considerable legal fees incurred by the alleged violator if they file an improper claim or one that is not considered to have merit.
 
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videotronic

TRIBE Member
theres a 36 month grace period of "implied consent" after july 1 for people who have an "existing relationship"

Under section 66, consent to send commercial electronic messages (CEMs) is implied for a period of 36 months beginning July 1, 2014, where there is an existing business or non-business relationship that includes the communication of CEMs. Note however, that this three-year period of implied consent will end if the recipient indicates that they no longer consent to receiving CEMs. During the transitional period, the definitions of existing business and non-business relationships are not subject to the limitation periods that would otherwise be applicable under section 10 of CASL. Businesses and people may take advantage of this transitional period to seek express consent for the continued sending of CEMs.
FAQs - Canada's Anti-Spam Legislation
 

KickIT

TRIBE Member
CASL has been the bane of my existence for the past month. This law is useless. Written by lawyers for lawyers. They're the only ones benefiting from this.

Only affects Canadian companies targeting Canadians. Your junkmail folder will not go down any after July 1st. The companies sending you consent emails are generally the ones who have been abiding by CanSpam legislation and generally aren't the ones pissing you off.

It will be interesting to see who the CRTC makes an example of first. Also will be interesting to see what companies can do when 90%+ of their email databases are wiped out.
 

Maui

TRIBE Member
My anti spam policy is to give my old yahoo address to anything that might send spam. I only check that address once a week or two. I then pick out what coupons are valuable and what pron I want for the week and move along.

Don't most email programs have spam folders.... If I get something that is missed by the program I send it to spam and all future emails go there automatically.
 

Puma

TRIBE Member
the fines are no joke either up to 1 million for individuals and up to 10 mil for business. I don't know how they will enforce this. If the do not call list is a good example for anything then this might not go anywhere.

the three main things are to get consent preferably some way in writing so that if someone sues the business they can prove that there was consent.

also each email must identify the business .

they must have an unsubscribe system so that people can opt out form any email they might receive. if they continue to receive email after they have unsubscribed then that could be a problem since its easy to prove in court.
 
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