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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October 19, 2016
Guest post by Andrew Shiestel
tbk Creative
Canada’s Anti-Spam Legislation (CASL) is anti-competitive for our Canadian businesses and it’s a large thorn in Canada’s dream of developing a world-leading ‘digital economy’. CASL is a problem for two primary reasons and I’ll explain both in more detail throughout this article.
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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September 2, 2016
On September 1, 2016, Kellogg Canada Inc. (“Kellogg”) agreed to pay a $60,000 penalty in relation to an alleged violation of the consent provision of Canada’s federal anti-spam legislation (CASL) under a voluntary undertaking. Under the terms of the undertaking, Kellogg has agreed to pay a monetary penalty, comply with (and ensure that any 3rd party authorized to send commercial electronic messages on its behalf complies with) CASL and to review and update its anti-spam compliance program.
August 25, 2016
An interesting Canadian Business article on paid endorsements caught my eye earlier today. It discusses the increasing scrutiny of advertising regulators in Canada and the United States to require clear disclosures of material connections for online endorsements, including new Canadian Advertising Standards Canada (ASC) rules to require full disclosure of any paid endorsements or mentions of products and services.
Promotional contests continue to be extremely popular for brands. In this regard, we have recently updated the Canadian contest law rules and forms that we offer in key popular areas, which include random draw contests, consumer generated content contests (sometimes also called “skill contests”), trip contests, as well as popular social media based promotions/contests.
For more information and to order, see Canadian Contest Forms.
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.”
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 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).
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 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.
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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One of our practice areas is Canadian advertising and marketing law. In this respect, we 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.