The CRTC has reported that Porter Airlines has agreed to pay a $150,000 fine due to its failure to include an unsubscribe mechanism, or a clearly set out unsubscribe mechanism.  Some emails also allegedly did not include complete contact information as required by CASL. For certain emails sent between July 2014 and February 2015, the company was unable to provide proof that it had obtained consent.

Consent is only part of the CASL regime.  The form and content of emails, including certain content and working, readly accessible unsubscribe mechanisms are also required by CASL.  Porter Airlines also allegedly failed to honour, within 10 business days, requests from recipients to unsubscribe.  This demonstrated that Porter did not have a sufficient compliance regime in place.

Porter has agreed to a $150,000 fine and improving its compliance program. The enhanced compliance program will include increased training and education for staff and improved corporate policies.

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