Category Archives: Social media marketing

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 »

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 »

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 »

Need Canadian Contest Rules and Forms For a Promotion?

Are you running a Canadian contest or sweepstakes and need forms for terms and conditions, disclosure and winner releases? I can help and offer a variety of contest forms and contest packages for running popular types of contests in Canada, excluding Quebec. These include rules … Read the rest of this entry »

Competition Bureau Cautions Businesses to Back Up Environmental Claims, Issues New Guidelines

Earlier today, the Competition Bureau (Bureau) issued a Business Alert warning businesses to ensure that their eco-related claims, such as using the terms “organic”, “green” and “eco-friendly”, comply with the federal Competition Act, particularly the false or misleading advertising and performance claim provisions. See: It’s … Read the rest of this entry »

CASL (Anti-Spam Law) Private Action Rights Come Into Force July 1st: 10 Key Points

On July 1, 2014, Canada’s new federal anti-spam legislation (CASL) largely came into force. Since it was introduced, both the CRTC (the primary enforcement body) and the Competition Bureau have been enforcing the legislation, with penalties to date ranging from $48,000 to $1.1 million. Beginning … Read the rest of this entry »