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Consumer & Retail Advisor

Tag Archives: CASL

Online Price Advertising: Amazon to Pay $1.1 Million to Settle Canadian Competition Bureau Investigation

Posted in Competition, Legislation

The Competition Bureau (Bureau) announced January 11 that Amazon.com.ca, Inc. (Amazon) has agreed to pay a $1 million penalty for contravening the misleading advertising provisions under the Canadian Competition Act including recent provisions that came into force as part of Canada’s Anti-Spam Legislation (CASL). Amazon will also pay $100,000 towards the investigative costs incurred by the Bureau. The fine follows an investigation into Amazon’s pricing practices over two years on Amazon Retail, the platform by which the company sells directly to consumers.

The e-commerce company has entered into a consent agreement with the Bureau to settle the investigation of … Continue Reading

Canada’s Anti-Spam Legislation: Considering CASL in Business Transactions

Posted in Consumer Protection, Legislation, Retailing

Since coming into force on July 1st, 2014, Canada’s Anti-Spam Legislation (“CASL”) has created new concerns and risks that must be addressed in business transactions. This post reviews those concerns in the context of asset acquisitions, specifically the risks associated with the transfer of CASL consents for the purposes of sending marketing messages to business customers. Given the volume of marketing and customer contact conducted by retailers and consumer products distributors, this may be of particular concern in acquisitions of consumer facing businesses or businesses that manufacture consumer products. A retailer or distributor that fails to address these … Continue Reading

Doing Business in Canada: Read the latest updates to our popular guide

Posted in Acquisitions, Canadian Market Entry, Employment and HR, Franchising

McCarthy Tétrault’s Doing Business in Canada is an indispensable reference tool for lawyers and business persons regarding the legal aspects of establishing or acquiring a business in Canada. The newest edition reflects legislative changes including:

  • Canadian anti-spam legislation (CASL)
  • updates on investment thresholds related to the Competition Act and Foreign Investment laws
  • Supreme Court decisions and legislation affecting copyrights
  • new information for employers regarding unjust dismissal complaints
  • updates on anti-treaty shopping measures introduced in 2014

We encourage you to consult one of our lawyers to gain a more comprehensive analysis of the legal implications of your proposed investment.

Download the Continue Reading

Beacon Technology: A Primer for Retailers

Posted in Retailing

Beacon Technology or Bluetooth Low Energy Beacons (collectively, “Beacons”) are becoming a major technological advancement available to Canadian retailers. Industry experts believe that Beacons, which are already in use by some retailers, sports arenas, hotel chains and museums, will potentially revolutionize the customer experience. Beacons are essentially a form of mobile marketing that allows retailers and direct to consumer manufacturers to communicate and send offers to a customer’s smartphone or mobile device. They allow businesses to effectively target their customers and provide invaluable analytics about customer behavior.

However, while they provide useful information for consumers, Beacons have raised … Continue Reading

The Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL

Posted in Consumer Protection, Corporate Matters

CASL came into effect on July 1, 2014, including the provisions for sending commercial electronic messages (“CEM”) (section 6) and installing computer programs (section 8).   Since July 1, 2014, it is reported that the CRTC has received more than 1,000 complaints.  Hence, awareness of this new law is spreading quickly, and as such so should attempts by organizations to become compliant.

The CRTC FAQs on Canada’s new Anti-Spam Legislation (“CASL”) were updated on July 4, 2014.  We covered the revisions made to the FAQs in May 2014 in a previous blog post.  The updated FAQs … Continue Reading

Compliance with CAN-SPAM Does Not Equal Compliance with CASL

Posted in Legislation

We are approximately a month away from the effective date of Canada’s Anti-Spam Legislation (CASL) on July 1, 2014.  CASL is widely considered to be among the toughest anti-spam legislation in the world and will have significant implications for businesses.  All commercial electronic messages sent to, through or from Canada are captured by CASL, meaning it applies to international senders who send commercial electronic messages to Canada.  Those who violate CASL could face significant fines and potential civil action.

We have received many questions related to the differences between CASL in Canada and the CAN-SPAM Act (CAN-SPAM) in the United … Continue Reading

Misleading Advertising – Competition Bureau’s Enforcement Priorities

Posted in Branding, Competition, Consumer Protection

The following article by Dominic Therien may be of interest to readers of this blog:

Misleading Advertising – Competition Bureau’s Enforcement Priorities

On February 4, 2014, Lisa Campbell, Deputy Commissioner of the Fair Business Practices Branch, and Sophie Beaulieu, Competition Law Officer, participated in a lunch seminar at McCarthy Tétrault’s Montreal office to discuss the Competition Bureau’s current enforcement priorities and recent enforcement actions in the area of misleading advertising and marketing. The following are key takeaways from their presentation. Read more.

 … Continue Reading

Canada’s Anti-Spam Law is Coming – Are You Ready?

Posted in Canadian Market Entry, Consumer Protection, Corporate Matters, Franchising, Retailing

The following snIP/ITs blog post by Charles Morgan and Puneet Soni may be of interest to readers of this blog:

Canada’s Anti-Spam Law is Coming – Are You Ready?

Industry Minister James Moore announced today that most of Canada’s long-anticipated anti-spam/malware legislation (“CASL” for short) will be coming into force on July 1, 2014. As part of today’s announcement, Industry Canada also released a significantly revised and final version of its important CASL regulations.

CASL is widely considered to be the toughest commercial electronic messaging legislation in the world, and its coming into force will have significant implications … Continue Reading