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FTC and CRTC Sign Memorandum of Understanding on Telemarketing, Anti-Spam Enforcement
Practical Law Legal Update w-001-8127 (Approx. 4 pages)
FTC and CRTC Sign Memorandum of Understanding on Telemarketing, Anti-Spam Enforcement
by Practical Law Intellectual Property & Technology
| Published on 25 Mar 2016 • Canada (Common Law), USA (National/Federal) |
The FTC and Canadian Radio-television and Telecommunications Commission (CRTC) have signed a memorandum of understanding (MOU) for increased cooperation between the two agencies in fighting illegal telemarketing and spam email.
On March 24, 2016, the FTC announced in a press release that it has signed a memorandum of understanding (MOU) with the Canadian Radio-television and Telecommunications Commission (CRTC) to increase cooperation between the two agencies in fighting illegal telemarketing and spam email.
Among other things, the MOU encourages:
- Increased cooperation between the two agencies, including sharing complaints and other relevant information and providing investigative assistance.
- Research and education related to unauthorized telemarketing and phone calls.
- Joint training programs and staff exchanges.
- Sharing relevant developments from the US and Canada in a timely fashion.
The MOU also commits the agencies to use their best efforts in:
- Disclosing information relevant to investigations or enforcement proceedings.
- Providing investigative assistance in appropriate cases.
- Coordinating enforcement against priority cross-border violations.
- Collaborating on initiatives to promote solutions to unlawful telemarketing and spam.
Organizations that operate in the US and Canada should:
- Recognize the continued emphasis on enforcement in both countries.
- Understand their relevant legal obligations in each jurisdiction (for more details, see Practice Note, CAN-SPAM Act Compliance and Article, CASL One Year Later: What US Companies Need to Know about Enforcement under Canada’s Anti-Spam Law).
- Examine their current telemarketing and commercial email practices to ensure they comply with both countries' regulations.