Category Archives: Direct Sales

Common CASL (Canadian Spam Law) Compliance Errors: Bulk Collection of E-mails Without Meeting Conspicuous Publication Implied Consent

Canada’s federal anti-spam legislation (CASL) came into force in 2014. Since then, electronic marketers and their advisors have been working to comply with what remains a complex law with some outstanding uncertainties in key areas. In providing CASL related legal advice to clients since CASL came … Read the rest of this entry »

Common CASL (Canadian Spam Law) Compliance Errors: Non-compliant Consent Requests for Unidentified Third Parties

Canada’s federal anti-spam legislation (CASL) came into force in 2014. Since then, electronic marketers and their advisors have been working to comply with what remains a complex law with uncertainties in a number of key areas. In providing CASL related legal advice to clients since CASL … Read the rest of this entry »

Sweeping Proposed Competition Act Amendments Introduced by the Federal Government

Practical Law Canada Competition, of which I am Lawyer Editor, published a new Legal Update that discusses sweeping proposed amendments to Canada’s Competition Act, R.S.C. 1985, c. C-34 (Competition Act) by the federal government. The proposed amendments include significant changes to the conspiracy, criminal and … Read the rest of this entry »

We Are Pleased to Announce the Launch of Three New Canadian Contest Law Legal Precedents

Are you planning to run a promotional contest/sweepstakes in Canada? Our firm has published three new Canadian contest law precedents: a random draw contest law package for operating contests in Canada (including Quebec), a precedent contest influencer/indemnification agreement to limit liability for sponsors and set … Read the rest of this entry »

Competition Bureau Obtains Court Order In NuvoCare Weight Loss Claims Investigation

On January 5, 2022, the Competition Bureau (Bureau) obtained a Federal Court production order to advance its ongoing investigation into weight loss performance claims made by NuvoCare Health Sciences Inc. (NuvoCare) relating to its WeightOFF Max!, Forskolin+ and Forskolin Nx natural health products. This follows … Read the rest of this entry »

New Canadian Contest/Sweepstakes Law Precedents, Forms and Checklists 2021

Are you planning to run a promotional contest/sweepstakes in Canada? In Fall 2021, our firm released all new and revised contest precedent packages and individual precedents for operating contests in Canada, excluding Quebec. Our contest precedents/forms can be modified with ease for future use and … Read the rest of this entry »

New Canadian Contest Indemnification Agreement Precedent

Is your company or brand running contests or other promotions in Canada with third party influencers or third party marketing partners and want to mitigate risk? Our firm has developed a Canadian Contest Indemnification Agreement to set out the obligations between a sponsor and influencer … Read the rest of this entry »

Gap Inc. Agrees to Pay $200,000 For Allegedly Violating CASL (and Canadian CASL Compliance Tips)

On December 8, 2021, the CRTC announced that global apparel retailer Gap Inc. (Gap) had agreed to a settlement to pay $200,000 for allegedly violating Canada’s federal anti-spam legislation (CASL) (see: Gap Inc. agrees to pay $200,000 for allegedly violating Canada’s anti-spam legislation). According to … Read the rest of this entry »