Archive for the 'Marketing' Category
Advertising Standards Canada’s recent complaint case summaries (October 1, 2011 to February 29, 2012) are available on ASC’s website.
Recent identified advertiser cases have involved 7-Eleven Canada Inc., Extreme Fitness, Shoppers Drug Mart, Stokes International, Virgin Mobile, eBay Canada and K-97 Classic Rock, among others.
The majority of recent ASC complaints made under the Canadian Code of Advertising Standards relate to the accuracy and clarity of ads (section 1). Other complaints have recently been made under sections 3 (price claims), 11 (superstition and fears) and 14 (unacceptable depictions and portrayals).
ASC’s case summaries include both identified and non-identified advertisers (cases where advertising was either not withdrawn or withdrawn before being reviewed by ASC).
ASC is a national not-for-profit advertising self-regulatory body that administers and enforces the Canadian Code of Advertising Standards, which provides a uniform set of rules for accurate advertising in Canada and under which consumer and trade complaints can be made (see e.g.: Consumer Complaints).
ASC also provides a fee-based advertising pre-clearance review service in five regulated areas of advertising: children’s, food and non-alcoholic beverages, alcoholic beverages, consumer drugs and cosmetics (see: ASC Clearance Services).
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FEBRUARY 29, 2012
The American Bar Association (the Private Advertising Litigation, Consumer Protection and Privacy & Information Security Committees) is holding a teleseminar on February 29, 2012 entitled: “Hot Legal Issues in Social Media Marketing”.
From the ABA:
“Do you want to run a multinational promotion for tweens on Facebook to post videos of their experiences using your product? How about giving rewards to the “mayor” of your store locations on 4-Square? (Or maybe you are asking “What is that?”) Join an expert panel for a fast and furious hour and a half discussing current issues with marketing via social media and resources for your use in counseling through this minefield. The discussion will include new technologies (like 4-Square), marketing to kids, how CAN-SPAM and/or COPPA touch social media, the impact of FTC endorsement/testimonial guidelines, sweepstakes/contest laws, and more!”
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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February 26, 2012
In December 2010 Canada’s new anti-spam legislation was passed (the “Anti-spam Act”) which will, when it comes into force, be one of the strictest anti-spam regimes in the world (see: Anti-spam Act). The Anti-spam Act will require express or implied consent for the sending of “commercial electronic messages” or “CEMs” and also impose form (i.e., disclosure) and unsubscribe requirements for CEMs.
On February 24, 2012, Canada’s Privacy Commissioner Jennifer Stoddart sent an open letter to Google to request additional information about Google’s new privacy policy and set out some concerns. The Commissioner’s letter follows a meeting between representatives of the Office of the Privacy Commissioner and Google (see: Letter to Google regarding privacy policy changes).
As has been widely reported, Google is taking steps to reduce the number of its privacy policies (currently over 70) relating to its many products to a single general privacy policy (while retaining some product-specific privacy policies) (see e.g.: Advertising Update: Google’s New Privacy Policy).
In making the announcement, the Commissioner said:
“I am writing further to Google’s recently announced plans to change its privacy policy, effective March 1, 2012, and further to a meeting between a representative of Google and officials from my Office. I am pleased to take this opportunity to provide you with some of our feedback and to request some additional information on certain practices.
As we understand it, Google has a number of goals that it wishes to achieve through this effort. Primarily, the company is aiming to reduce the number of privacy policies that currently exist (over 70) in relation to its many different products and services to one general privacy policy. In addition to that general policy, Google will still retain a small number of product-specific policies (e.g., for Google Wallet) where it believes that this makes sense or is otherwise required by law. The other goals are to create a simpler, more intuitive user experience across multiple Google products; improve search results; and make ads more relevant.
I would first like to acknowledge Google’s efforts to alert users to the new policy. Google has worked hard to simplify and streamline its privacy policy. We have long been calling for better, more user-friendly privacy policies and yours is a step in the right direction. We do, however, have a number of questions and concerns, as outlined below, that we would appreciate receiving a response from you on.”
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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February 24, 2012
In December 2010 Canada’s new anti-spam legislation was passed (the “Anti-spam Act”) which will, when it comes into force, be one of the strictest anti-spam regimes in the world (see: Anti-spam Act). The Anti-spam Act will require express or implied consent for the sending of “commercial electronic messages” or “CEMs” and also impose form (i.e., disclosure) and unsubscribe requirements for CEMs.
On February 23, 2012, the U.S. Federal Trade Commission (“FTC”) announced that it had obtained a USD $359 million settlement order against an Alberta online marketer (Jessie Wilms) and related defendants.
In making the announcement, the FTC said:
“The Federal Trade Commission has stopped an Internet scheme that allegedly used bogus “free” product offers that deceived consumers in the United States and other countries and charged them for products and services they did not want or agree to purchase. A settlement order, reached as part of the FTC’s ongoing efforts to stamp out online marketing fraud, permanently bans Jesse Willms and his companies from using ‘negative-option’ marketing, a practice in which the seller interprets consumers’ silence or inaction as permission to charge them. The Willms settlement order imposes a judgment of $359 million that will be suspended upon Willms’s surrender of bank account funds and proceeds from the sale of his house, personal property, and corporate assets, including a Cadillac Escalade, fur coat, and artwork.
‘The fact that almost four million consumers fell prey to the lure of these ‘free trial’ offers is a stark reminder that ‘free’ offers can come at a huge price,’ said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. ‘The FTC has stopped about $1 billion in online marketing fraud during the past two years by shutting down operations like this. But consumers still need to beware, because scam artists are constantly coming up with new ways to deceive people online.’”
According to the FTC, it worked with Canadian law enforcement officials, including the Alberta Partnership Against Cross-Border Fraud and Competition Bureau.
March 2012 will be Fraud Prevention Month. The Competition Bureau will be holding a series of three upcoming panel discussions on the topic of online and mobile mass marketing fraud, including an upcoming event at Concordia University:
“Canada’s Competition Bureau is holding a series of three panel discussions to address the issue of online and mobile mass marketing fraud. One of the discussions, organized in collaboration with Professor Mourad Debbabi, is scheduled for Tuesday, March 13 at Concordia.
Debbabi, Concordia University Research Chair in Information Systems Security, will also participate as a panellist during the discussion. “I’ll be talking about our research, which is related to fraud detection, prevention, and attribution,” he says. “For example, we conduct research on brand abuse (the false use of known brand names to attract visitors to websites), false associations, and detecting and geo-locating cybercrime servers.”
Deputy Commissioner of Competition for the Competition Bureau Lisa Campbell says the purpose of the discussions, also scheduled for March 6 in Ottawa and March 8 in Edmonton, is to promote discussion and raise public awareness about the issue of mass marketing fraud through the Internet and mobile devices.”
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.
************
In December 2010 Canada’s new anti-spam legislation was passed (the “Anti-spam Act”) which will, when it comes into force, be one of the strictest anti-spam regimes in the world (see: Anti-spam Act). In general, the Anti-spam Act will require express or implied consent for the sending of “commercial electronic messages” or “CEMs” and also impose form (i.e., disclosure) and unsubscribe requirements for CEMs.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
