Undertaking: Mr. Halazon and TCC
File No.: 9090-2015-00414
Date of the undertaking (signed by all parties): 12 June 2017
Monetary payment: $10,000
Pursuant to section 21 of the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23 (the Act).
Persons who entered into an undertaking
Mr. Halazon, in his individual capacity, as former Chief Executive Officer of Couch Commerce, Inc. and its subsidiaries 8108773 Canada Inc. and DealFind.com Inc., operating as Teambuy and Dealfind (“Couch Commerce”), since bankrupted ; and
Transformational Capital Corp. and its subsidiaries, Evandale Caviar Inc. and Mighty Deals Limited, operating as Buytopia.ca, Shop.ca, Shop.us and Mightydeals.co.uk (“TCC”), also represented by Mr. Halazon as CEO.
Acts and omissions covered by the undertaking and provisions at issue
Mr. Halazon has voluntarily entered into an undertaking with a designated person of the Commission in relation to an alleged violation of paragraph 6(2)(c) and non-compliance with subsections 11(1) and 11(3) of the Act, as well as subsection 3(2) of the Electronic Commerce Protection Regulations (CRTC).
The investigation alleged that commercial electronic messages (CEMs) were sent or caused or permitted to be sent by Couch Commerce to recipients without a compliant unsubscribe mechanism during the period of 2 July 2014 to 9 September 2014, while Mr. Halazon was CEO of Couch Commerce. More specifically, it was alleged that the unsubscribe mechanism did not function, or could not be readily performed, or unsubscribe requests were not given effect until more than 10 business days after a request has been sent. It was also alleged that Mr. Halazon was personally liable for this violation pursuant to section 31 of the Act.
Amount payable and summary of other requirements
As part of the undertaking, Mr. Halazon has agreed to make a monetary payment of $10,000 to the Receiver General for Canada in accordance with subsection 28(3) of the Act.
In addition to this payment, TCC, a company which acquired the email list initially used by Couch Commerce and which is also represented by Mr. Halazon, agreed on a compliance program. This program includes elements such as a review of current practices, development and implementation of corporate compliance policies and procedures, training for employees, consistent disciplinary procedures, tracking of CEM complaints and subsequent resolution, monitoring and auditing. This program also includes reporting mechanisms to Commission staff with respect to its implementation, as well as other requirements, such as reporting significant changes affecting the business and full cooperation in case of visits or requests from Commission staff.
This undertaking fully resolves all alleged or potential liability for all CEMs sent by and on behalf of Mr. Halazon and TCC from 2 July 2014 up to the date of the undertaking.
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