Submitted by: Submitted by kchen3
Views: 233
Words: 312
Pages: 2
Category: Business and Industry
Date Submitted: 06/12/2011 02:21 PM
All organizations that send commercial email
to clients or prospects will need to review
their online marketing practices, to ensure
they comply with new consent, disclosure,
and “unsubscribe” requirements.
• Similarly, companies that distribute software
and updates/upgrades to their customers
will need to review their installation
practices and software agreements to meet
the new requirements.
• Advertisers and marketers will need to
familiarize themselves with how the existing
misleading and deceptive representations
laws will apply online.
Notably, the prohibition does not apply to a
telecommunications service provider merely
because the provider provides a service that
enables the transmission of the message. In
subsection 6(8), FISA also exempts telemarketing,
which is currently covered by the Do Not Call List
(“DNCL”) administered by the CRTC under the
Telecommunications Act. However, section 68 of
FISA provides for the repeal of subsection 6(8),
and the DNCL itself. At some point in the future,
for example, when VOIP and other technologies
blur the distinction between “calls” and
“commercial electronic messages”, the
government may make FISA apply directly to
telemarketing activities. Telemarketers should
take note, as the FISA consent standards are
higher than those for the DNCL and those of the
U.S. CAN‐SPAM Act, both of which take an overall
“opt‐out” approach.
A person contravenes the spam prohibition only if
the computer system used to send or receive the
message is located in Canada.
b) Consent
FISA does contain specific exceptions to the
express, “opt‐in” consent model. Consent is
implied for unsolicited communications if there is
an “existing business (or non‐business)
relationship” between the sender and recipient; if
the recipient has “conspicuously published” their
e‐mail contact information; if the recipient has
disclosed their e‐mail contact information to the
sender without indicating that they do...