Monday, July 3, 2017

Canada Suspends Private Right of Action Provision in CASL


July 1, 2017 had been marked as a potential doomsday for many email marketers doing business in Canada. As part of Canada's Anti-Spam Legislation (CASL), consumers were to have a private right to sue for $200 per infraction (up to $1 million per day cap) starting on that date. On June 7, 2017, Canada's Innovation, Science and Economic Development Department published a press release announcing that the provision would be suspended: "Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud. At the same time, Canadian businesses, charities and non-profit groups should not have to bear the burden of unnecessary red tape and costs to comply with the legislation. The Government supports a balanced approach that protects the interests of consumers while eliminating any unintended consequences for organizations that have legitimate reasons for communicating electronically with Canadians."

 

New FCC Commissioner Nominations


President Trump has nominated Republican Brendan Carr and Democrat Jessica Rosenworcel to fill the commissioner vacancies on the FCC. If both are ultimately confirmed by the Senate, the leadership of the FCC will be as follows:
  1. Ajit Pai (R) - Chairman
  2. Michael O'Rielly (R)
  3. Brendan Carr (R)
  4. Mignon Clyborn (D)
  5. Jessica Rosenworcel (D)

Ringless Petition Withdrawal


All About the Message LLC has withdrawn its FCC petition seeking a clarification that ringless voicemail complies with the TCPA. This is the second time a brand has petitioned the FCC on this issue but ultimately withdrawn the same before a decision was reached.

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