It’s been a while since we’ve had any big news on the CASL front but lets dive into the latest undertaking. Hudson’s Bay Company (HBC) has voluntarily entered into an undertaking with the Canadian Radio-television and Telecommunications Commission (CRTC) following allegations of violating Canada’s Anti-Spam Legislation (CASL). The violations, related to the sending of commercial electronic messages (CEMs) without an easily accessible unsubscribe mechanism, occurred between January 2022 and November 2023.

The CRTC’s investigation revealed that Hudson’s Bay Company sent CEMs to promote sales without providing a functional and easy-to-use unsubscribe option, violating CASL’s provisions under paragraphs 6(2)(c) and subsections 11(1) and 11(3). The failure to include an unsubscribe mechanism is a key component of CASL’s requirements, designed to protect consumers from unwanted commercial emails and ensure their right to opt-out is respected.

The Undertaking and Consequences

As a result of the investigation, HBC has agreed to a monetary settlement of $120,000, which will be paid to the Receiver General for Canada. In addition to the fine, Hudson’s Bay Company has voluntarily committed to enhancing its compliance program, focusing on better management of CEMs and alignment with CASL’s regulations.

To prevent future violations, HBC has pledged to take several steps, including:

  • Training and Education: Implementing a comprehensive training program to educate employees and third-party contractors about CASL compliance.
  • Complaint Tracking: Strengthening processes for tracking CEM complaints and ensuring appropriate escalation and resolution procedures.
  • Monitoring and Auditing: Introducing mechanisms to monitor, audit, and report compliance with CASL, with corrective actions in place for any failures.

Moving Forward

This settlement fully resolves the CRTC’s investigation into Hudson’s Bay Company’s CEM practices up until the effective date of June 10, 2024. By strengthening its compliance efforts, HBC aims to align with CASL’s regulations and prevent similar violations in the future. The company’s proactive approach in addressing the issue serves as a reminder of the importance of compliance with Canadian email marketing laws.

For email marketers, this serves as a timely example of how serious non-compliance with CASL can be, emphasizing the need for robust processes and practices in email marketing campaigns.