Archive for the 'Marketing' Category
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 21, 2020
During the COVID-19 epidemic, one marketing development that I have noticed is an increased effort to promote destination marketing, including through promotional contests. In this regard, I have acted for several countries assisting them with their destination marketing related promotions. My new Canadian Lawyer column discusses some of the key aspects of running destination marketing contests in general, as well as some more specific e-mail related marketing challenges in Canada (i.e., CASL issues) that should be taken into account for such promotions. Below is an excerpt with a link to my full Canadian Lawyer column.
July 16, 2020
Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s recent open letter to Ontario’s Minister of Government and Consumer Services advocating for increased disclosure in Ontario rental appliance contracts. This Update includes an overview of the Bureau’s letter, summary of the regulation of rental appliance contracts in Ontario and the Bureau’s key recommendations. This Update also includes key deceptive marketing risks for rental appliance suppliers under the Competition Act. Below is an excerpt with a link to the full Legal Update at Practical Law.
May 15, 2020
Over the past several weeks, a marketing law trend that is emerging in my practice has been increased demand to work on destination marketing contests (i.e., contests promoting trips, vacations and adventures to particular destinations). This may seem slightly counterintuitive, but I have been contacted by several brands and local and international governments in relation to destination contests, presumably anticipating an easing of local and international COVID-19 travel and other restrictions.
April 14, 2020
My new Canadian Lawyer column discusses recent price gouging and deceptive marketing law enforcement in Canada. Some of the issues raised include speed of enforcement, political statements in light of actual enforcement and transparency in relation to warnings and penalties. My new column compares enforcement efforts in Canada – both at the provincial and federal levels – with the United States. Below is an excerpt with a link to my full column.
May 6, 2020
On May 6, 2020, the Competition Bureau (Bureau) announced that it was increasing its enforcement of deceptive COVID-19 marketing claims (see: Competition Bureau cracking down on deceptive marketing claims about COVID-19 prevention or treatment).
April 8, 2020
Practical Law Canada has published a New Legal Update, which discusses product performance claims under the Competition Act and the Competition Bureau’s increased enforcement focus on performance claims that are not supported by adequate and proper testing. The Legal Update also includes an overview of the test for performance claims under the Competition Act, recent enforcement guidance and key areas of risk. Below is an excerpt with a link to the full Legal Update at Practical Law.
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.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
