In the most recently announced settlement under Canada’s Anti-Spam Legislation, the CRTC has announced that Porter Airlines Inc. has agreed to pay $150,000 as part of an undertaking concerning alleged violations of the law.
The CRTC’s summary of the undertaking indicates that Porter sent commercial electronic messages:
- without an unsubscribe mechanism or with an unsubscribe mechanism that was not set out “clearly and prominently”, as required by the Electronic Commerce Protection Regulations (CRTC) (the Regulations). In this regard, the CRTC noted that some of the messages contained two unsubscribe links, only one of which was functional. In the CRTC’s view, the unsubscribe mechanism was not clearly set out, as it was not apparent which mechanism was functional
- without complete identification information required by the Regulations
- without proof of consent to send commercial electronic messages to some of the recipients
- to at least one recipient who had previously indicated they wanted to unsubscribe. The CRTC found that the unsubscribe request was not given effect within 10 business days, as required by the Act