Certainly, I can see the CBA's concern on that. In other jurisdictions, particularly in the United States where we have seen the private right of action used, it tends to be used when a large telecommunications provider wants to make a splash. They want to make an example of an egregious spammer. They want to seize their mansions, their boats, their cars, and raffle them off to their users for headlines.
I would hope we aren't going to see frivolous suits brought. Certainly, a lack of damages might be a concern, where with a large telecommunications provider it would be easier to identify damages because they have to deal with this stuff coming through their system. You could say each spam message is worth x cents, so you could compile some costs. So I think the cost of damages is important.