without an unsubscribe mechanism or with an unsubscribe
mechanism that was not set out "clearly and prominently",
as required by the Electronic Commerce Protection Regulations
(CRTC) (the Regulations). In this regard,
the CRTC noted that some of the messages contained two unsubscribe
links, only one of which was functional. In the CRTC's
view, the unsubscribe mechanism was not clearly set out, as it was
not apparent which mechanism was functional
without complete identification information required by the
without proof of consent to send commercial electronic messages
to some of the recipients
to at least one recipient who had previously indicated they
wanted to unsubscribe. The CRTC found that the unsubscribe
request was not given effect within 10 business days, as required
by the Act
The alleged violations occurred over the period commencing 1
July 2014, the date on which the core anti-spam provisions of the
Act came into force, and ending 16 April 2015.
In addition to agreeing to the monetary payment, Porter has also
agreed to revise its anti-spam compliance program, and has
apparently already made changes to bring its electronic mailing
list into compliance.
The undertaking confirms that the Commission is continuing to
take enforcement action for messages sent commencing back to the
first days that the new law came into force. It also serves
as a cautionary tale to electronic marketers to ensure that any
commercial electronic messages sent have working unsubscribe
mechanisms, and that there is no possible confusion to recipients
as to the availability of these mechanisms or the manner in which
they can be exercised. Finally, the undertaking stresses the
importance of meeting the sender identification requirements set
out in the Regulations, which – somewhat paradoxically for
electronic communications – require displaying a postal
mailing address, along with a web address, email address or
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).