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The Canadian Anti-Spam Law of 2010 is a law that aims to stop spam messages from being sent to people's electronic devices, such as email and text messages. This law also includes telephone and fax communications, which means that telemarketing and fax solicitations are also covered. Currently, there is an exemption for two-way telephone communications, faxes, and voicemail messages, but there is a possibility that this exemption may be repealed in the future. If this happens, telemarketing in Canada would have to get permission from people before contacting them, which is stricter than the current "opt-out" system. However, as of May 25, 2015, this exemption still applies.
The Canadian Anti-Spam Law of 2010 is a law that aims to prevent spam messages from being sent to Canadians. The law defines "electronic messages" broadly, which includes emails and text messages. However, it also includes telephone and fax communications, which means that telemarketing and fax solicitations are also covered by the law.
Currently, the law exempts two-way telephone communications, faxes, and voicemail messages from the core requirements of the law. This means that telemarketing and fax solicitations can still be done under certain conditions. However, there is a clause in the law that contemplates the repeal of this exemption, which means that telemarketing and fax solicitations may also have to comply with the core requirements of the law in the future.
If the exemption is repealed, telemarketing and fax solicitations would have to obtain consent from the recipient before sending any messages. This is stricter than the current "opt-out" framework, which allows recipients to unsubscribe from receiving messages after they have already been sent.
As of May 25, 2015, the exemption under the law still applies, and the clause that contemplates its repeal has not come into force.
An example of a telemarketing call that would be covered by the Canadian Anti-Spam Law is a call from a company trying to sell a product or service to a Canadian resident. If the exemption under the law is repealed, the company would have to obtain consent from the resident before making the call.
An example of a fax solicitation that would be covered by the law is a fax from a company trying to promote its products or services to a Canadian business. If the exemption under the law is repealed, the company would have to obtain consent from the business before sending the fax.
These examples illustrate how the Canadian Anti-Spam Law of 2010 could potentially extend to telemarketing and fax solicitations, and how the repeal of the exemption could affect these types of commercial solicitations.
Canadian Anti-Spam Law of 2010: Opt-in Framework (Prior Consent) | Canadian Anti-Spam Law of 2010: Private Right of Action