ARCHIVED - Undertaking: Plentyoffish Media Inc.
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Ottawa, 25 March 2015
File Nos.: 9109-201400318-001
Signature date: 18 March 2015
Monetary payment: $48,000
Pursuant to section 21 of the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23 (the Act), Plentyoffish Media Inc. has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) of the Commission, in relation to an alleged violation of paragraphs 6(2)(c) and non-compliance with paragraph 11(1)(b) of the Act,as well as non-compliance with subsection 2(2) and section 3 of the Electronic Commerce Protection Regulations (CRTC), SOR/2012-36 (the Regulations (CRTC)):
From 1 July 2014 to 8 October 2014, inclusively, Plentyoffish Media Inc. sent commercial electronic messages to registered users of the Plenty of Fish online dating service, on its own behalf, that contained an unsubscribe mechanism that was not set out "clearly and prominently" and was not able to be "readily performed".
Pursuant to section 21 of the Act, Plentyoffish Media Inc. has entered into an undertaking which includes a monetary payment of $48,000. In addition to this amount, Plentyoffish Media Inc. undertook to comply with, and ensure that any third party authorized to send a commercial electronic message on its behalf complies with, the Act and Regulations (CRTC), and to implement a compliance program.
The compliance program will be updated and implemented by Plentyoffish Media Inc. with the goal to promote compliance with the Act and Regulations (CRTC). More specifically, the program will cover elements such as corporate compliance policies and procedures, training and education, monitoring, auditing and reporting mechanisms, and consistent disciplinary procedures.
The amount of $48,000 paid by Plentyoffish Media Inc. was payable to "The Receiver General for Canada" in accordance with subsection 28(3) of the Act. This Undertaking fully and completely resolves all outstanding issues, including the payment of any specified amount in relation thereto, between the Commission and Plentyoffish Media Inc. in relation to the CCEO’s investigation into the alleged violation by Plentyoffish Media Inc. during the period of 1 July 2014 up to and including the date of this Undertaking.
Lynne M. Perrault
Director, Electronic Commerce Enforcement Division
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