Undertaking: Christos Tyrone Dracos
File No.: 9110-2019-00516
Effective date of undertaking: 24 August 2022
Monetary payment amount: $40,000
Under section 21 of An 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 (CASL, or the Act).
Person entering into an undertaking
Christos Tyrone Dracos
Acts and omissions covered by the undertaking and provisions at issue
Christos Tyrone Dracos has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) concerning violations of paragraph 6(1)(a) and section 9 of the Act.
Following an investigation, the CCEO alleged that Christos Tyrone Dracos had:
- sent or caused to be sent commercial electronic messages (CEMs) between the months of January 2019 and June 2021 inclusively, to email addresses for which he did not have consent; and
- aided and induced the doing of acts contrary to section 6 of the Act, between January 1st, 2019, and June 30, 2021, approximatively, by administering the Canadian Headquarters (CHQ) marketplace, as well as by selling various digital products.
A Notice of Violation (NOV) was issued to Christos Tyrone Dracos on 17 January 2022 by the CCEO following the investigation into the alleged non-compliant activities. Christos Tyrone Dracos requested the opportunity to enter into an undertaking in connection to these acts and omissions pursuant to subsection 21(4) of the Act, under the conditions provided by subsection 21(2) of the Act.
Amount owing and summary of other conditions
Christos Tyrone Dracos acknowledged that he contravened CASL as alleged by the CCEO and voluntarily agreed to resolve the CCEO’s outstanding concerns regarding compliance with the Act and the Regulations.
As part of this undertaking, Christos Tyrone Dracos agreed to make a monetary payment of $40,000 to the Receiver General for Canada in accordance with subsection 28(3) of the Act.
In addition to the monetary payment, Christos Tyrone Dracos undertook to:
- comply with the Act, including and in particular sections 6 and 9 of the Act, and to stop any acting contrary to the Act;
- complete at least fifty hours of voluntary community service (non-remunerated), within a set period of time; and
- provide access to all electronic devices (including telephones and computers) to representatives of the CRTC, in order to verify compliance with the Act, on demand for a set period of time.
This undertaking fully and completely resolved all outstanding issues between the CRTC and Christos Tyrone Dracos with respect to his compliance with the Act and the Regulations (CRTC), in relation to the CCEO’s investigation into the non-compliant activities up to the effective date of this undertaking.
- Date modified: