Can You Spam?

Blogger, influencers, even large-scale corporations – what’s one thing they all have in common? They want their following to be engaged with their brand. And often, some brands will go the extra unethical (and now, illegal) route to doing this – spam.

For those of you not familiar with Canada’s Anti-Spam Legislation, here’s a quick recap. This legislation came into force on July 1, 2014, and imposes “consent, disclosure and unsubscribe requirements related to the sending of commercial electronic messages.” This can be in regards to email, tact and even certain social media platforms.

When the law came into force, many organizations and companies realized the necessity of implementing policies within their corporate mandate in order to protect themselves against possible future litigation from consumers. However, up until June 7 this past summer, whether the private right of action was even available to consumers was up in the air.

And still, on June 7, the federal government suspended the private right of action under Canada’s Anti-Spam Legislation (or “CASL”). The provisions would have provided plaintiffs “affected by an act or omission that constitutes a contravention” of CASL the ability to seek both compensatory and statutory damages. However, it became evident that the damages on various organizations was extreme – potentially 1-million-dollars-per-day extreme.

What do you think? Is this relatively extreme potential damage enough for corporations to be shielded by consumers from bringing about lawsuits for spamming?

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