The alleged CASL violations included the sending of commercial
electronic messages containing a deficient unsubscribe mechanism.
Ironically,
an electronic message containing a request to send a «commercial electronic message» is, itself, deemed to be a commercial electronic message.
Not exact matches
Thousands of
electronic comments submitted to the FCC's website
contain identical, duplicated
messages that favor rolling back the 2015 rules, which were intended to protect websites and online services from being slowed or blocked by Internet service providers.
In another study conducted by psychologists Jane Vignovic and Lori Foster Thompson that focused solely on
electronic communication, writers of the
message were found to «be less conscientious, intelligent and trustworthy when the
message contained many grammatical errors.»
The
electronic church
messages often
contain three of the classic heresies which have dogged the Christian tradition almost from its beginning.
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Electronic Features Discount Package,» including 16 visual and verbal warning
messages ($ 837, less a $ 105 discount for a missing overhead console
containing compass and outside temperature readouts, among other things), «Turbo Coupe Discount Package,» including turbocharged engine, AM - FM stereo radio and cassette player with digital clock, 15 - inch aluminum wheels, sport suspension ($ 1,625), automatic transmission ($ 529), upgraded sound system ($ 204), destination charge ($ 414).
Following the example of the UN Model Law on
Electronic Commerce, the UN E-Communications Convention [PDF] contains a provision on when electronic messages are
Electronic Commerce, the UN E-Communications Convention [PDF]
contains a provision on when
electronic messages are
electronic messages are received.
Templates that have been used in the past for commercial
electronic messaging will need to be scrutinized to determine whether or not they
contain the required information regarding the sender and the easily accessible «unsubscribe» option.
(2)... a commercial
electronic message is an
electronic message that, having regard to the content of the
message, the hyperlinks in the
message to content on a website or other database, or the contact information
contained in the
message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity...
(3) An
electronic message that
contains a request for consent to send a
message described in subsection (2) is also considered to be a commercial
electronic message.
The CRTC investigation showed that Porter sent commercial
electronic messages that either (i) did not
contain an unsubscribe mechanism that was set out «clearly and prominently»; (ii) were missing an unsubscribe mechanism completely, or (iii) did not provide complete identification information.
Giving strength to the above position, Article 2, subparagraph (a), of the UNCITRAL Model Law on
Electronic Signatures defines electronic signature as data in electronic form in, affixed to or logically associated with, a data message, which may be used to «identify the signatory» in relation to the data message and to «indicate the signatory's approval of the information contained in the data messa
Electronic Signatures defines
electronic signature as data in electronic form in, affixed to or logically associated with, a data message, which may be used to «identify the signatory» in relation to the data message and to «indicate the signatory's approval of the information contained in the data messa
electronic signature as data in
electronic form in, affixed to or logically associated with, a data message, which may be used to «identify the signatory» in relation to the data message and to «indicate the signatory's approval of the information contained in the data messa
electronic form in, affixed to or logically associated with, a data
message, which may be used to «identify the signatory» in relation to the data
message and to «indicate the signatory's approval of the information
contained in the data
message».
For the purposes of this Act, a commercial
electronic message is an
electronic message that, having regard to the content of the
message, the hyperlinks in the
message to content on a website or other database, or the contact information
contained in the
message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity, including an
electronic message that
Finally, the commercial
electronic message must
contain a simple unsubscribe mechanism such as a reply option or a «click to unsubscribe» link.
In addition to the above, any commercial
electronic message must
contain:
It is worth noting that «An
electronic message that
contains a request for consent to send a
message described in subsection (2) is also considered to be a commercial
electronic message.»
Section 6 of the CASL
contains the basic prohibition against sending «commercial
electronic messages» without initially obtaining consent and complying with the form and content requirements (including the mechanism to unsubscribe).