Archive for the 'Telemarketing' Category
April 3, 2020
The global spread of COVID-19 has had significant impacts in most major areas of law, including Canadian competition and advertising law.
March 6, 2020
Practical Law Canada Competition has published a New Legal Update, which discusses the Competition Bureau’s new Deceptive Marketing Practices Digest, including the following key current Competition Bureau advertising enforcement priorities: false or misleading data privacy claims, weight loss claims and online pricing and drip pricing. All of these enforcement priorities are consistent with the Bureau’s current focus on the digital economy. Below is an excerpt with a link to the full Update.
January 24, 2020
In an interesting speech on January 22, 2020 by the Deputy Commissioner of Competition, Deceptive Marketing Practices Directorate, the Competition Bureau (Bureau) outlined its current digital marketing enforcement priorities (see: Honest Advertising in the Digital Age).
January 1, 2020
Competition law (or “antitrust law” as it is referred to in the United States) generally includes a range of local and federal legislation, case law and enforcement agency policies that restrict in part free markets aimed at preventing or regulating activities that prevent or substantially impact competition. In general, Canadian and international competition/antitrust laws are focused on protecting competition and not individual competitors.
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
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May 2, 2018
On May 1, 2018, the CRTC announced that two ticket resale companies, 9118-9076 Quebec Inc. and 9310-6359 Quebec Inc. doing business as 514-BILLETS, agreed to pay a $100,000 penalty for allegedly violating Canada’s federal anti-spam legislation (CASL) by sending text messages without consent (see 514-BILLETS to pay $100,000 for allegedly violating Canada’s anti-spam law). In particular, 514-BILLETS allegedly sent text messages to recipients without recipients’ consent, identifying the sender or including contact information to contact the sender.
May 9, 2017
Practical Law Canada Competition has published a new Legal Update, which discusses key current competition and advertising issues for digital marketers in Canada, including the upcoming private right of action rights for the digital marketing sections of the Competition Act. Below is an excerpt with a link to the full Update.
Do you need contest rules/precedents
for a Canadian contest?
We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada). These include precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more. Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist. For more information or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
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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.
In addition, one of the areas of law that has affected contests the most over the past several years is CASL – Canada’s federal anti-spam legislation. For more information about CASL, see: CASL (Canadian Anti-spam Law), CASL Compliance, CASL FAQs, CASL Compliance Errors and CASL Precedents and Checklists.
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
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August 22, 2014
As most, though not all, Canadians now know (and some Americans and international marketers) Canada introduced federal anti-spam legislation on July 1, 2014. As has now been widely written and commented upon since it was first introduced in 2010, CASL is a difficult, complex, unclear and profoundly business unfriendly federal law. As has also been widely stated, CASL is among the most restrictive, if not the most restrictive, anti-spam law in the world.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
