Archive for the 'Advertising' Category
Advertising Standards Canada (ASC) will be hosting Jonathan Salem Baskin as the keynote speaker for its Annual General Meeting on May 3rd.
From the ASC:
“Attend ASC’s Annual General Meeting Keynote to hear Jonathan Salem Baskin, co-author of the newly released Tell the Truth: Honesty is Your Most Powerful Marketing Tool, speak on how truth telling is the core of successful marketing communications. Baskin will discuss how consumers are using social media in their pursuit of truth, causing advertisers to totally rethink their creative strategies.
This event, his only scheduled Canadian appearance, will take place in Toronto on Thursday, May 3, 2012, and should not be missed!”
The National Competition Law Section of the Canadian Bar Association is holding its 2012 Spring competition law conference in Toronto (the 2012 Competition Law Spring Forum: Best Practices in a Time of Active Enforcement) on May 2, 2012 at the Toronto Board of Trade.
From the CBA:
“Aided by the 2009/10 changes to the Competition Act, the Canadian Competition Bureau has adopted an aggressive enforcement agenda. There are more litigated cases in the Tribunal and the Courts than ever before, including the first prosecution under the new conspiracy provisions of the Act. Commissioner Melanie Aitken has made it clear that there are more to come. Our expert panelists will provide guidance on effectively protecting your clients’ interests at all stages – from preventative compliance programs to responding to criminal or civil enforcement actions. We are delighted to announce that Commissioner Melanie Aitken will be our keynote lunchtime speaker.”
This year’s Spring conference will include panels on compliance, responding to Competition Bureau investigations, misleading advertising, developments in merger review and recent competition law developments (including the TREB abuse case, the contested Air Canada / United merger, Bell Canada advertising case and recent bid-rigging cases).
Earlier this week, the federal CRTC announced that it has taken sweeping enforcement steps against 85 companies for breaching Canada’s telemarketing rules.
In making the announcement, the CRTC said:
“Today, the Canadian Radio-television and Telecommunications Commission (CRTC) concluded a five-month investigation and took enforcement action against 85 companies for breaking the telemarketing rules. This investigation marks the latest step in the CRTC’s efforts, using a variety of enforcement strategies, to reduce unwanted calls made to Canadians.
The CRTC issued citations to 74 telemarketers who had failed to register with the National Do Not Call List operator or subscribe to the National Do Not Call List. Notices of violation were issued to an additional 11 companies for more significant breaches. Administrative monetary penalties totalling $41,000 were imposed on those 11 companies. In setting the penalty amounts, the CRTC recognized that many of these telemarketers are small businesses.”
According to the CRTC, it has imposed penalties of $2.1 million to date.
Under Canada’s National Do Not Call List (“DNCL”) rules, established under the federal Telecommunications Act, consumers may register their residential, wireless, fax or VoIP telephone numbers to reduce the number of telemarketing calls received. Registrations are valid for five years and become effective 31 days after registration (consumers must periodically renew their registrations before expiry).
Advertising Standards Canada (ASC) will be holding a breakfast seminar on Thursday May 3, 2012 (8:30 – 10:15 at the Sutton Place Hotel in Toronto) entitled “Tell the Truth: Honesty is Your Most Powerful Marketing Tool”, with keynote speaker Jonathan Salem.
From the ASC:
“According to Baskin, today’s consumers aren’t looking for conversations with brands as much as about brands. And what they take away from this engagement is far more important than the creative ways marketers deliver messages. Ultimately, consumers determine what is true, and smart companies have realized that every communications medium, especially peer-to-peer online conversations, can and will be used to contribute to their conclusions.
Baskin and his co-author conducted in-depth research on 50 companies to produce case histories about how truthful brands deliver sales, profits, and sustainable relationships. The bottom line is that truthful brands are the most profitable and successful, making truth telling the strategic and creative challenge of the 21st century.”
On March 28, 2012, the CRTC published its final Regulations under the Anti-spam Act (see: Electronic Commerce Protection Regulations (CRTC)).
On March 23, 2012, the CRTC announced that it had imposed a $24,000 administrative monetary penalty against Quebec telemarketing company Les Aliments S.R.C. Inc. for calling consumers registered on the National Do Not Call List (DNCL) and failure to pay registration fees to the National DNCL operator.
Under the Unsolicited Telecommunications Rules, telemarketers are prohibited from calling consumers registered on the DNCL (unless express consent has been obtained). The Rules also require telemarketers to be registered on the National DNCL and pay registration fees to the National DNCL operator.
Les Aliments took the position that the Rules had not been violated regarding calls to one complainant because it had an existing business relationship (the Rules do not apply to telemarketing where there is an existing business relationship, as defined) and should be acquitted of other violations because it acted in good faith and exercised due diligence (a due diligence defence exists under the Telecommunications Act).
On March 22, 2012, the Competition Bureau announced that as part of its March Fraud Prevention Month efforts, it was joining forces with Citizenship and Immigration Canada (“CIC”) to “warn potential immigrants to be wary of websites claiming to be, or to be affiliated with, official Government of Canada websites.”
In making the announcement, the Bureau said:
“These websites, which sometimes use the Canada wordmark or CIC logo without permission to target individuals wishing to live in Canada, purport to offer special immigration deals or guaranteed high-paying jobs for a fee. Unfortunately, these claims are fraudulent and the victim loses his or her money with no tangible results.
The only people who may charge a fee to represent or advise people in connection with a Canadian immigration proceeding or application are authorized immigration consultants, lawyers, Quebec notaries, and paralegals regulated by a law society. Under Canada’s immigration programs, all people are treated equally, whether they hire someone to represent them or not.”
As part of this new joint effort, the Bureau and CIC are offering tips to potential new citizens to avoid falling victim to fraud – see: here.
The National Competition Law Section of the Canadian Bar Association has announced a call for submissions for its annual James H. Bocking Memorial Award.
From the CBA:
“The CBA National Competition Law Section James H. Bocking Award was established by the National Competition Law Section of the Canadian Bar Association to honour annually the best scholarly paper submitted to the Section on a subject relating directly to Canadian competition law or policy.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
