Guest post by Brian D. Fergemann
Partner, Winston & Strawn LLP (Chicago)

August 14, 2016

Earlier this year, Pinterest quietly updated its guidelines for conducting contests and other types of promotions on the Pinterest platform. Those guidelines are contained within its Acceptable Use Policy. The previous guidelines stated, among other things, that companies should not “run a sweepstakes where each Pin, board, like, or follow represents an entry;” require people “to Pin from a selection;” or “require a minimum number of Pins.” None of those restrictions are found in the new guidelines. The new guidelines state that companies who conduct promotions should “encourage authentic behavior, keep Pinterest spam-free, and be sure to comply with all relevant laws and regulations.” The new guidelines state further that companies who conduct promotions should not require participants to Pin a specific image or allow more than one entry per participant. The new guidelines expressly acknowledge that requiring consumers to Pin from a selection is now permissible: “Give Pinners the ability to choose Pins based on their tastes and preferences, even if it’s from a selection or a given website.”

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August 6, 2016

Canada’s federal anti-spam legislation (CASL) largely came into force on July 1, 2014. For the first three years, enforcement was primarily the responsibility of the CRTC (together with the Competition Bureau and Privacy Commissioner). For an overview of CASL, see: Anti-Spam (CASL).

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August 5, 2016

I am quoted in this month’s Canadian Lawyer Magazine on the Competition Bureau’s enforcement and compliance efforts in relation to trade associations. This article is a very good roundup of current Bureau enforcement and compliance focuses with practitioner and enforcer perspectives.

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August 3, 2016

The OECD has published a new interesting working paper with recommendations for reforms to increase competition in Canadian network markets. For Canadian consumers, it may not come as a surprise that the OECD’s working paper recommends changes to increase competition in Canadian energy, telecommunication, broadcasting and transportation sectors.

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August 2, 2016

Canada’s new federal anti-spam legislation (CASL) came into force about two years ago. Since then, Canadian companies and those marketing into Canada have worked (and at times struggled) to comply with Canada’s new requirements for electronic marketing.

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July 26, 2016

One of my practice areas is Canadian advertising and marketing law. In this respect, I have worked on a number of “destination marketing” promotions over the past few years, including for hotel, resort and Canadian and international government clients. “Destination marketing” involves promoting travel to a hotel, resort, province/territory or country.

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July 19, 2016

I frequently receive inquires and calls relating to filing a competition, advertising, consumer protection or other regulatory complaint. Companies, individuals or other types of organizations may want to file a complaint relating to a competitor, manufacturer or supplier, retailer or other market participant based on potentially anti-competitive or misleading/deceptive conduct in the marketplace.

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Featured Update
Practical Law Canada Competition

July 18, 2016

This Featured Update discusses the recent Online Reviews and Endorsements Guidelines issued by the International Consumer Protection and Enforcement Network (ICPEN). It includes a summary of key principles and guidelines for review administrators, traders and marketing professionals, and digital influencers. It also highlights how these new Guidelines reflect the Canadian Competition Bureau’s approach to online reviews and endorsements, as well as other major consumer protection agencies.

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July 17, 2016

Promotional contests in Canada are largely governed by the federal Competition Act, Criminal Code and contract law. Other laws can also apply depending on the type of contest, including privacy, anti-spam and intellectual property law. One of the areas of law that has affected contests the most over the past several years is CASL – Canada’s anti-spam legislation. For more information, see my CASL overview: here.

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