Saturday, May 30, 2020

Canadian Government Suspends CASL Private Right of Action

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Richard B. Newmanhttp://www.hinchnewman.com
Richard B. Newman is an Internet Lawyer at Hinch Newman LLP focusing on advertising law, Internet marketing compliance, regulatory defense and digital media matters. His practice involves conducting legal compliance reviews of advertising campaigns across all media channels, regularly representing clients in high-profile investigative proceedings and enforcement actions brought by the Federal Trade Commission and state attorneys general throughout the country, advertising and marketing litigation, advising on email and telemarketing best practice protocol implementation, counseling on eCommerce guidelines and promotional marketing programs, and negotiating and drafting legal agreements.

As previously blogged about, here, a private right of action for violations of Canada’s Anti-SPAM law was to go into effect as of July 1, 2017.

Earlier this month, however, the Canadian government announced that it has suspended the implementation of the private right of action provision, and that it will not come into effect unless the government takes further action to implement it.

As set forth in a recent press release, the suspension is based, in part, upon broad-based concerns raised by businesses, charities and the not-for-profit sector. “Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud. At the same time, Canadian businesses, charities and non-profit groups should not have to bear the burden of unnecessary red tape and costs to comply with the legislation.”

Despite the foregoing, please note that the transition period termination will not be impacted.

Contact an Internet advertising and marketing lawyer if your company places or intends to place calls, or delivers or intends to deliver text messages or emails to Canadian residents.

ADVERTISING MATERIAL. These materials are provided for informational purposes only and are not to be considered legal advice, nor do they create a lawyer-client relationship. No person should act or rely on any information in this article without seeking the advice of an attorney. Information on previous case results does not guarantee a similar future result. Hinch Newman LLP | 40 Wall St., 35thFloor, New York, NY 10005 | (212) 756-8777.

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