Undertaking: DAVIDsTEA Inc.
File No.: 9102-202200615
Effective date of undertaking: 31 March 2023
Monetary payment amount: $40,000
Under section 21 of An 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).
Person entering into an undertaking
DavidsTea Inc.
Acts and omissions covered by the undertaking and provisions at issue
DavidsTea Inc. (DavidsTea) has voluntarily entered into an undertaking with the Vice-President, Compliance and Enforcement (VPCE) concerning alleged contraventions of paragraph 6(2)(c) and subsections 11(1) and 11(3) of the Act.
Following an investigation, the VPCE alleged that commercial electronic messages (CEMs) were sent or caused to be sent by DavidsTea, between 4 January 2018 and 21 August 2022 to promote sales for DavidsTea which did not consistently include an unsubscribe mechanism or an unsubscribe mechanism which could readily be performed.
Amount owing and summary of other conditions
During the course of the investigation, DavidsTea has cooperated fully with the VPCE. DavidsTea has, pursuant to section 21 of the Act, voluntarily undertaken measures to resolve the VPCE’s outstanding concerns regarding DavidsTea’s compliance with the Act and the Electronic Commerce Protection Regulations (CRTC), SOR/2012-36 (the Regulations (CRTC), including undertaking to comply with, and ensuring that any third party authorized to send CEMs on its behalf complies with the Act and Regulations (CRTC).
As part of this undertaking, DavidsTea agreed to make a monetary payment of $40,000 to the Receiver General for Canada in accordance with subsection 28(3) of the Act.
In addition to the monetary payment, and in order to promote compliance with the Act and the Regulations (CRTC), DavidsTea has undertaken to put in place a compliance program addressing the sending of CEMs.
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