Undertakings 2015 – Compliance and Enforcement of Canada’s Anti-Spam Legislation

CRTC staff has issued an undertaking to the following persons with regard to the application of Canada’s Anti-Spam Legislation.

Date Person subject to the Undertaking Description
November 20, 2015 Rogers Media Inc.

Rogers Media Inc. has paid a monetary payment of $200,000 as part of an undertaking concerning alleged violations of paragraph 6(2)(c) and 11(1)(a), and subsections 11(2) and (3) of the Act,as well as non-compliance with subsection 3(2) of the Electronic Commerce Protection Regulations (CRTC), during the period of 3 July 2014 to 15 July 2015. The Chief Compliance and Enforcement Officer’s investigation alleged that Rogers Media Inc. sent certain commercial electronic messages to email addresses that either contained an unsubscribe mechanism that was not able to be “readily performed”, that did not enable the person to indicate their wish to no longer receive messages or that did not provide an electronic address for the purposes of unsubscribing that was valid for a period of 60 days after the message was sent. Also, Rogers Media Inc. did not give effect to certain unsubscribe requests within 10 business days. In addition to making the above monetary payment, Rogers Media Inc. agreed to update and implement a compliance program.

June 29, 2015 Porter Airlines Inc.

Porter Airlines Inc. has agreed to pay the amount of $150,000 as part of an Undertaking concerning alleged violations of paragraphs 6(1)(a), 6(2)(b) and 6(2)(c) and non-compliance with paragraph 11(1)(b) and subsection 11(3) of Canada’s Anti-Spam Legislation,as well as non-compliance with subsection 2(2) and section 3 of the Electronic Commerce Protection Regulations (CRTC), during the period of 1 July 2014 to 16 April 2015, inclusively. The Chief Compliance and Enforcement Officer’s investigation alleged that Porter Airlines Inc. sent certain commercial electronic messages, on its own behalf, that contained an unsubscribe mechanism that was not set out "clearly and prominently", that were missing an unsubscribe mechanism, or that did not provide complete identification information. Also, Porter Airlines Inc. was unable to provide proof of consent for some of the email addresses to which it sent commercial electronic messages. In addition to making a monetary payment, Porter Airlines Inc. agreed to update and implement its compliance program and has since brought its mailing list into compliance with the legislation.

March 25, 2015 Plentyoffish Media Inc. Plentyoffish Media Inc. has paid a monetary payment of $48,000 as part of an undertaking concerning an alleged violation of paragraph 6(2)(c) and non-compliance with paragraph 11(1)(b) of Canada’s Anti-Spam Legislation,as well as non-compliance with subsection 2(2) and section 3 of the Electronic Commerce Protection Regulations (CRTC). The Chief Compliance and Enforcement Officer’s investigation alleged that Plentyoffish Media Inc. sent commercial electronic messages to registered users of the Plenty of Fish online dating service, on its own behalf, that contain an unsubscribe mechanism that was not set out "clearly and prominently" and was not able to be "readily performed". In addition to making a monetary payment, Plentyoffish Media Inc. agreed to implement a compliance program and has since brought their unsubscribe mechanism into compliance with the legislation.