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Canadian Government Suspends Implementation of Private Right of Action Under CASL

Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017:

  • The end of the transition period under CASL, during which companies could rely on implied consent for sending “commercial electronic messages” in certain instances; and
  • A private right of action for violations of CASL

On June 2, 2017, the Government of Canada suspended the implementation of the private right of action provision.  The private right of action will not come into effect unless and until the government takes further action to implement it.  According to its press release on June 7, 2017, the Canadian Government will ask a parliamentary committee to review the private right of action provision, and hopes to strike a balance between consumer protection and legitimate business marketing activity, that is, protecting Canadians from spam while allowing entities such as businesses, charities and non-profits to communicate with Canadians electronically. 

The government’s action does not impact the termination of the transition period, which will become effective on July 1, 2017. 

 

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About this Author

Douglas Bonner, Womble Carlyle, communications litigation lawyer, antitrust attorney, government affairs legal counsel, regulatory law
Partner

Doug Bonner has more than 20 years of experience representing wireline and wireless telecommunications providers, cable TV, VoIP and broadcast companies in FCC, FTC and state regulatory proceedings, as well as in telecommunications-related litigation. His specific areas of practice include telecommunications and mass media; communications litigation; and antitrust, regulatory and government affairs, relating to the telecom industry.

Doug’s telecom litigation experience includes defending businesses engaged in telemarketing in consumer class...

202-857-4428
Taylor Ey, Intellectual property attorney, Womble Carlyle, Law Firm
Associate

Taylor is an associate in the Intellectual Property Practice Group in Womble Carlyle’s Research Triangle Park Office.

Education

J.D. | 2016 | Wake Forest University School of Law | cum laude | Notes and Comments Editor, Wake Forest Law Review, 2015-2016 | Teaching Assistant, Legal Analysis, Writing and Research I & II, Writing for Judicial Chambers

M.S. |2012 | The Ohio State University | Biomedical Engineering

B.S. | 2011 | The Ohio State University | Biomedical Engineering | Minor, Life Sciences | cum laude

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