Does Canada have a TCPA like the US?
Not exactly. Canada regulates unsolicited electronic messages through Canada’s Anti-Spam Legislation (CASL) and regulates telemarketing and robocalls through the National Do Not Call List (DNCL) rules. CASL is enforced by the CRTC, which can impose administrative monetary penalties rather than the fixed per-call consumer awards used under the US TCPA.
How large are CASL penalties?
CASL administrative monetary penalties can reach $1,000,000 per violation for an individual and $10,000,000 per violation for a business. Penalties depend on the nature and scope of the violation, the sender’s history, and efforts to comply. These are regulatory penalties paid to the government, not damages paid to the recipient.
Can I personally sue a spammer under CASL?
CASL originally included a private right of action allowing individuals to sue, but the government suspended it before it took effect, and it is not currently in force. For now, consumers report violations to the CRTC through the Spam Reporting Centre. Separate claims may exist under provincial consumer-protection or privacy law.
What are the DNCL rules for robocalls in Canada?
Telemarketers must not call numbers on the National Do Not Call List and face restrictions on automated dialing devices. CRTC penalties for DNCL violations reach up to $1,500 per call for an individual and $15,000 per call for a corporation. Keep records of the caller, date, time, and number for any complaint.