March 10, 2011

Canada Enacts Opt-In Email Spam Law

Canada has enacted a new federal law to regulate commercial email and other wireless and internet communications, including telephonic messaging (text/SMS/MMS) and IM.

The effective date for the new Fighting Internet and Wireless Spam Act (FISA) requirements will be determined by the Governor in Counsel. Canada’s FISA (C-28) adopts a consent based “opt in” approach to regulating commercial electronic messages, unlike the US CAN-SPAM Act’s “opt out” framework

FISA prohibits transmission of commercial electronic messages without the recipient’s express or implied consent. Implied consent may be based on an existing business relationship arising from an inquiry or application within the prior six (6) months or a transaction within the prior two (2) years. FISA requires permitted commercial electronic messages to include opt out links and

Implied consent may be based on an existing business relationship arising from an inquiry or application within the prior six (6) months or a transaction within the prior two (2) years. FISA requires permitted commercial electronic messages to include opt out links and opt outs must be honored within ten (10) days, similar to the US CAN-SPAM Act.

The maximum penalty for a violation is $10,000,000 for businesses and $1,000,000 for individuals. FISA also permits consumers to file private claims for statutory damages of $200 per violation and up to $1,000,000 for each day on which a violation occurred. The Canadian Radio-television and Telecommunications Commission (CRTC) is responsible for implementing and enforcing FISA and both the CRTC and Governor in Counsel may issue regulations to implement its requirements.

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

Avoid TCPA and DNC fines. Protect your business from TCPA and DNC Risk. The Cost of non-compliance extends far beyond the risk of fines. Since 1998, Gryphon’s highly patented suite of compliance services provides bulletproof compliance and protection from headline risk, brand damage, and costly penalties.

Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.