Canada’s Anti-Spam Law goes after Dating Site POF

Dating website Plenty of Fish (POF) has been making headlines recently for its longevity and user milestones, as well as its recent disclosure of financial information about the company. But thanks to the new anti-spam law in Canada, POF now has an unwanted headline that they have to deal with - the popular dating website has been ordered to pay $48,000 in fines for its email practices.

Canadians complained of Plenty of Fish’s marketing tactics, which launched an investigation by the Canadian Radio-television and Telecommunications Commission (CRTC) and the Competition Bureau into the company’s practices. Specifically, the agencies examined how the company handles commercial emails to subscribers.

According to the disgruntled users, POF sent them commercial messages without a noticeable “opt out” or “unsubscribe” feature. One of the key requirements in the law is that each commercial email contain an unsubscribe mechanism to allow recipients to opt-out at any time. Also, according to the wording of the law, the unsubscribe feature has to be prominently displayed and “readily performed.”

Plenty of Fish agreed to paying a $48,000 penalty and developing a new compliance program to address its problematic email practices. The compliance program will include training and education for staff, as well as corporate policies and procedures regarding email marketing.

The new anti-spam law has been in effect since last year, but the Canadian agencies have had their challenges in enforcing it because of how vast and pervasive the problem of spamming seems to be. Millions of spam emails are sent every day by spammers from all over the world. Experts argued that the Canadian Radio-television and Telecommunications Commission (CRTC) and the Competition Bureau were not equipped to handle such a pervasive issue.

The agencies however, are proving the critics wrong. The Competition Bureau recently alleged that rental car companies Budget and Avis engaged in false and misleading advertising when they failed to disclose numerous additional fees as part of their car rental promotions, including their email promotions. The Bureau is seeking $30 million in fines and reimbursement to customers. And the CRTC discovered that Compu-Finder, a Quebec-based corporate training company, sent commercial emails without consent and like POF, without proper unsubscribe mechanisms. The company was hit with a $1.1 million penalty.

CRTC notes in a press release that POF did not argue with the fine or the accusation, and hopes that by example, other companies will be inspired to change their own email spamming tactics. As for POF, the company continues to grow its subscriber base despite its setbacks, recently announcing its user base has grown to 100 million worldwide.