ARCHIVED - Undertaking: Rogers Media Inc.
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Ottawa, 20 November 2015
File No.: 9109-201400319-001
Signature Date: 19 November 2015
Monetary payment: $200,000
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), Rogers Media Inc. has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) of the Commission, in relation to alleged violations of paragraphs 6(2)(c) and 11(1)(a), and subsections 11(2) and (3) of the Act,as well as non-compliance with subsection 3(2) of the Electronic Commerce Protection Regulations (CRTC), SOR/2012-36 (the Regulations (CRTC)):
From 3 July 2014 to 15 July 2015, Rogers Media Inc. sent certain commercial electronic messages (CEMs) to email addresses that either contained an unsubscribe mechanism that did not enable the person to indicate their wish to no longer receive messages or that was not able to be “readily performed”.
From 11 July 2014 to 15 July 2015, Rogers Media Inc. did not give effect to certain unsubscribe requests within 10 business days. Also, for a limited time period in that same timeframe, Rogers Media Inc. sent certain CEMs for which the unsubscribe mechanism did not contain an electronic address that was valid for a minimum of 60 days after the message was sent.
Pursuant to section 21 of the Act, Rogers Media Inc. has entered into an undertaking which includes a monetary payment of $200,000. In addition to the monetary payment, Rogers Media Inc. undertook to comply with, and ensure any third party authorized to send a commercial electronic message on its behalf complies with, the Act and Regulations (CRTC).
To ensure compliance, Rogers Media Inc. undertook to update and implement its compliance program including measures such as the review and revision of its written policies, the development of training programs, and the registration and tracking of all complaints related to commercial electronic messages and of their resolution. Rogers Media Inc. also undertook to confirm, in writing, the implementation of these measures to the CCEO within specified timeframes and to provide a written report of its compliance program annual review, if requested by the CCEO.
The amount of $200,000 paid by Rogers 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 Rogers Media Inc.in relation to the CCEO’s investigation into the alleged violations by Rogers Media Inc. during the period of 3 July 2014 up to and including the date of this Undertaking.
Manon Bombardier
Chief Compliance and Enforcement Officer, Compliance and Enforcement Sector
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