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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 115464
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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My company is in Canada and we are doing some text message

Customer Question

My company is in Canada and we are doing some text message marketing to the united states. I am aware that the TCPA fines companies that sms people without express written consent. If one of the people we sms decides to say they never opted in can they
enforce anything from the TCPA since we are in canada?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, just like a US company may be sued under the Canada Anti-Spam Legislation (CASL), a Canadian company may be sued under TCPA and if sued in the US for a TCPA violation the Canadian courts would enforce a judgment, just like the US Courts have agreed to enforce CASL violations.
They can sue you in US District Court and if you fail to answer they can get a judgment against you and bring it to the Canadian courts who will enforce. Also the Federal Trade Commission can pursue sanctions against you that the Canadian government has a treaty with the US to enforce.
So you need to be careful now to comply with both TCPA and CASL as well.
Customer: replied 1 year ago.
Does they have to provide us with the number they say got txt msgd? I have a guy asking for all the phone numbers we ever text messaged, doesnt seem ok to disclose.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, they have to provide YOU with the number you allegedly messaged. You do not have to give them all the numbers and you need to tell them the list is confidential and if they want to know if their number is ***** the list they have to tell you the number. Also, make sure you tell them you remove all numbers who opt out immediately upon their request.
Customer: replied 1 year ago.
Thanks. I asked them to send me the number and told them we opt everyone out immediately or anything we do. The domain link in the txt message is a privately registered domain. Are they able to uncover who registered the domain if they email abuse@ the registrar?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They could obtain the information only if they sued and obtain a subpoena. They cannot obtain it just by asking for it, that is the purpose of using the privately registered domain.

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