CRTC Dismisses Constitutional Challenge to CASL (Canadian Anti-Spam Legislation)

On October 19, 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) issued an important CASL (anti-spam law) related decision in Compliance and Enforcement Decision CRTC 2017-367 (CompuFinder). In this case, CompuFinder had launched a constitutional challenge of CASL, relating to a notice of violation it … Read the rest of this entry »

Digital Marketing Strategies and Legal Issues For Associations & Their Members

I am pleased to be presenting again at the Canadian Society of Association Executive’s (CSAE) National Conference – this year in St. John’s, Newfoundland. I’ll be co-presenting a session this year, with Andrew Schiestel of tbk Creative, on Digital Marketing Strategies and Legal Issues for … Read the rest of this entry »

Misleading Concert Prices Could Be Your Ticket to a Fine: Competition Bureau

On July 4, 2017, the Competition Bureau (Bureau) issued a statement warning sporting and entertainment vendors to ensure that their upfront pricing was accurate. In particular, the Bureau cautioned ticket sellers that engaging in “drip pricing” (i.e., only disclosing a portion of the price upfront … Read the rest of this entry »

A Legal Tiptoe Through the Hot World of Influencer Advertising

My new Canadian Lawyer column discusses practical tips for brands and influencers in the expanding area of endorsements and testimonials, in light of Federal Trade Commission, Competition Bureau and industry regulator guidance. Below is an excerpt with a link to the full column. _________________ Anyone … Read the rest of this entry »

Preparing for the Expiry of CASL’s Transitional Provision

tbk Creative has published a very good and thorough post of the upcoming expiry of CASL’s (Canada’s anti-spam law) transitional provision on July 1, 2017. While a significant amount has recently been written on the upcoming private rights of action for CASL (i.e., civil and … Read the rest of this entry »

Current Competition Issues For Digital Marketers

Practical Law Canada Competition has published a new Legal Update, which discusses key current competition and advertising issues for digital marketers in Canada, including the upcoming private right of action rights for the digital marketing sections of the Competition Act. Below is an excerpt with … Read the rest of this entry »

$1.25 Million Settlement in Car Rental Drip Pricing Case

Yesterday the Competition Bureau announced that it had negotiated a $1.25 million settlement with two major Canadian car rental companies (Hertz Canada Limited and Dollar Thrifty) in relation to alleged “drip pricing” advertising practices. In particular, the Bureau had taken the position that the two … Read the rest of this entry »

Reforming CASL – Time to Lighten Up

In my new Canadian Lawyer column, I discuss Canada’s anti-spam law (CASL) and make several recommendations to amend the law before the upcoming three-year review and private rights of action come into force in July. Below is an excerpt with a link to the full … Read the rest of this entry »

CRTC Penalizes Small Business Owner For Attempting to Promote Business – Time to Reform CASL to Allow Companies to Compete?

On March 9, 2017, the Canadian CRTC announced that it had imposed a $15,000 administrative monetary penalty on an individual who allegedly engaged in electronic marketing to promote the sale of commercial flyers, without complying with CASL’s (Canada’s anti-spam law) consent, identification and in some … Read the rest of this entry »

Fake Online Endorsements Remain Competition Bureau Priority, Topic of Upcoming Twitter Chat March 9th

Misleading advertising remains a top Competition Bureau (Bureau) enforcement priority. One of the more specific focuses for the Bureau is (and has been over the past several years) fake online endorsements, which is often referred to as “astroturfing”. In this regard, the Bureau announced earlier … Read the rest of this entry »