Plenty of Fish undertaking for alleged violation of CASL requires $48,000 payment

On March 25, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a statement that Plentyoffish Media Inc (Plenty of Fish) has voluntarily entered into an undertaking in relation to a notice of violation issued under Canada’s Anti-Spam Legislation (CASL). The undertaking includes a payment of $48,000 and follows on the heels of the first penalty issued by the CRTC under CASL on March 5, 2015 (E-TIPS® newsletter covered the first penalty issued under CASL here).

Plenty of Fish owns and operates an online dating service. Registered users of the service complained that the unsubscribe mechanism in e-mails received from Plenty of Fish between July 1, 2014 (the date CASL came into force) and October 8, 2014 was not “clearly and prominently set out” and that the unsubscribe function could not be “readily performed”. If true, this would constitute non-compliance with paragraphs 6(2)(c) and 11(1)(b) of CASL and sections 2(2) and 3 of the Electronic Commerce Protection Regulations(CRTC), SOR/2012-36 under CASL.

Undertakings are described in section 21 of CASL and allow an entity that has had a notice of violation issued against it under CASL to voluntarily enter into an agreement with the CRTC to end the matter. The entity will be required to comply with specific conditions set by the CRTC, which can include monetary payment as in the case of Plenty of Fish.

In addition to the $48,000 payment, Plenty of Fish has undertaken to ensure that all third parties authorized to send emails on its behalf will comply with CASL and that a CASL compliance program will be put in place that includes training and education for Plenty of Fish staff.

For more information see: http://tinyurl.com/mkccvzr