The Canadian Anti-Spam Law (CASL) of 2010 includes a provision for a Private Right of Action (PRA), which allows individuals and organisations to take legal action against those who violate the law’s provisions related to spam emails, texts, and other electronic messages. The PRA was initially set to come into effect on July 1, 2017, but the Canadian government decided to suspend its implementation indefinitely due to concerns about its potential impact on businesses and organisations. This means that currently, only the government and certain regulatory bodies have the authority to enforce CASL. However, individuals and organisations can still file complaints with the government, which may lead to investigations and penalties for violators.
The Private Right of Action under CASL allows individuals and organisations to take legal action against those who violate the law by sending commercial electronic messages without consent or by installing computer programs without consent.
Any individual or organisation that has been affected by a violation of CASL, such as receiving unsolicited commercial electronic messages or having unauthorized computer programs installed on their devices, can file a Private Right of Action.
Violators of CASL may be subject to significant financial penalties, including statutory damages of up to $200 per violation, with a maximum of $1 million per day.
CASL applies to commercial electronic messages, which include emails, text messages, and other forms of electronic communication that are sent for the purpose of promoting or offering goods, services, or business opportunities.
Evidence of a violation of CASL may include copies of the offending electronic messages, records of consent or lack thereof, and any other relevant documentation that demonstrates the unauthorized nature of the communication.
Yes, the Private Right of Action under CASL applies to any individual or organisation that sends commercial electronic messages to recipients in Canada, regardless of their location.
The statute of limitations for filing a Private Right of Action under CASL is two years from the date on which the violation occurred.
Yes, it is possible to file a Private Right of Action on behalf of a group of affected individuals, such as a class action lawsuit, if the violation of CASL has affected multiple people.
CASL includes certain exemptions for specific types of electronic messages, such as those sent for legal or security purposes, as well as messages sent between family members or friends.
It is highly recommended to seek legal advice from a qualified lawyer who specializes in CASL and privacy law before filing a Private Right of Action, as the process can be complex and requires a thorough understanding of the law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 12th April 2024.
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