Archive for the 'Advertising' Category
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.
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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.
Telemarketing Update: CRTC Refuses to Vary Do Not Call List Penalty Imposed on Telemarketing Company
On February 13, 2012, the CRTC denied an application by Les Distributions Triple A Inc. (“Triple A”) to review an earlier decision imposing a $6,000 administrative monetary penalty (“AMP”).
In the earlier decision, the Commission imposed a total $6,000 AMP for violations of the Unsolicited Telecommunications Rules, in relation to calls to consumers registered on the National Do Not Call List (“DNCL”) and for failing to pay applicable DNCL subscription fees.
Triple A sought to have the earlier decision annulled on several grounds, including that it only initiates calls for market research and the AMP imposed was a substantial amount for a small business.
In reviewing Triple A’s application, the Commission considered the criteria for reviewing, rescinding or varying Commission decisions, relying on Telecom Public Notice 98-6 to find that applicants must show that there is a “substantial doubt as to the correctness” of the original decision due to, for example, an error in law in fact, a fundamental change in circumstances or facts or a failure to consider a basic principle raised in the original proceeding (or a new principle arising from the decision).
On February 15, 2012, an $18,000 “administrative monetary penalty” or “AMP” was imposed by the CRTC on a British Columbia telemarketing company, Imperial Data Supply Corp. (“Imperial”).
The Commission found that six telemarketing calls were made to consumers that were (or should) have been on Imperial’s internal do not call list, violating the Unsolicited Telecommunications Rules, and that six fax telemarketing calls were made without being registered with the Do Not Call List.
The CRTC has the legislative authority to impose AMPs on any telemarketer that violates the Unsolicited Telecommunications Rules. The maximum penalty for a violation is $1,500 (for individuals) and $15,000 (for corporations). Violations that continue for more than a day are separate violations.
In making the decision, the Commission also considered whether Imperial had established a due diligence defense (subsection 72.1(1) of the Telecommunications Act provides a defense for a person in a proceeding relating to a violation to show that they exercised due diligence to prevent the violation) and whether the amount of the AMP imposed was reasonable.
In rejecting Imperial’s due diligence defense, the CRTC found that while it made submissions regarding the occurrence of periodic errors, and took the position that they were not systematic, it had failed to submit any evidence of reasonable steps or business practices to prevent the violations. The CRTC also pointed to notifications by Commission staff for Imperial to renew its registration and its continuation to make telemarketing calls after the expiration of its registration.
With respect to the amount of the AMP, the CRTC noted that the financial health of a company is not a relevant factor in determining whether to impose (or reduce) a penalty and refused to reduce the AMP imposed in this case. The Commission pointed to, among other things, evidence of notifications of Imperial’s obligations to maintain an internal do not call list under the Unsolicited Telecommunications Rules and its failure to do so.
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For more information about our regulatory law services contact: contact
For more regulatory law updates follow us on Twitter: @CanadaAttorney
Carswell has recently published a new book on Canadian defamation law, entitled Canadian Defamation Law and Practice (authors: R. Pepper, R. Stephenson, D. Morritt, J. Ross).
From Carswell:
“This book is designed to provide an overview of the Canadian law of defamation and a practice guide for lawyers advising on defamation issues or engaged in prosecuting or defending defamation actions. It will also assist in-house counsel in recognizing areas of concern and help editors and others involved in the communications, advertising and media fields avoid publishing defamatory material. It is an extremely practical guide to the area providing an overview of the law, practice tips and precedents. Topics covered include: the plaintiff and defendant, defences, remedies, defamation and the internet, defamation and the charter, and more.”
____________________
For more information about our regulatory law services contact: contact
For more regulatory law updates follow us on Twitter: @CanadaAttorney
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 19, 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). Canada had been criticized prior to its passage as being the only G8 nation without stand-alone anti-spam legislation. In general, the Anti-spam Act will require express or implied consent for the sending of “commercial electronic messages” and will also impose certain form (i.e., disclosure) and opt-out (i.e., unsubscribe) requirements.
The CBC reported last week that a Montreal-based telemarketing company, which has been accused of defrauding thousands of small businesses in relation to an alleged invoice scheme for never ordered office supplies, is still making calls (see: Montreal Telemarketers in Fraud Case Still Making Calls).
According to the CBC:
“Express Transaction Services Inc. (ETS) and some affiliated companies face several charges under the federal Competition Act and Criminal Code, following an investigation and police raids at its Montreal facilities in 2007.
In fall 2011, the company was charged with fraud and violation under the federal Competition Act.
Several individuals linked to the companies also face charges of deceptive telemarketing and misleading representations under the Competition Act, and criminal fraud charges.
The Competition Bureau said ETS purposely sent out products to businesses even if they were never ordered. ETS then had its call centre make repeated phone calls to retrieve payment.
According to the bureau, the scheme made more than $170 million between 2001 and 2007. The federal Anti-Fraud Centre said thousands of victims were affected.
CBC News has learned that ETS continues to operate out of its Montreal offices, and small businesses across Canada are still receiving phone calls from the company.”
TELEMARKETING LAWS IN CANADA
COMPETITION ACT
The federal Competition Act makes it criminal offences to engage in deceptive telemarketing or to engage in telemarketing unless certain disclosure under the Competition Act is made.
The Interactive Advertising Bureau of Canada (IAB) will be holding a series of marketing courses across Canada in March and April 2012:
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
