Category Archives: Social media marketing

Are Contests Legal In Quebec? Why Do Many Canadian Contests Exclude Quebec?

One of the most common Canadian contest law questions I receive is whether contests are legal in Quebec and why so many contests exclude Quebec. The short answer is that contests are not illegal in Quebec, though there are several additional requirements that must be … Read the rest of this entry »

Canadian Contest/Sweepstakes Laws: What Types of Contests Are Commonly Run in Canada?

In general, two types of contests/sweepstakes are commonly run in Canada: 1. “Skill contests” (sometimes also called “consumer generated content contests”) where entrants/contestants are required to submit something that requires some level of skill, such as an essay, video or photograph to enter and win … Read the rest of this entry »

The Price, the Whole Price and Nothing But the Price: StubHub Pays $1.3 Million Penalty Following Bureau Drip Pricing Probe

The Competition Bureau’s (Bureau) top priority for enforcement and advocacy is currently the digital economy (see, for example, here, here, here, here and here). And for online marketing practices, false or misleading prices, including drip-pricing (i.e., where additional fees for an online purchase are only … Read the rest of this entry »

Digital Economy Remains Top Competition Bureau Priority For Next Four Years: New Strategic Vision Report

Practical Law Canada, Competition has published a new Legal Update, which discusses the Competition Bureau’s new Strategic Vision report, which was released on February 11, 2020.  The Bureau’s new Strategic Vision report focuses on the digital economy, including competition law issues in relation to the … Read the rest of this entry »

Digital Marketing Enforcement Is Top Competition Bureau Enforcement Priority: New Remarks

In an interesting speech on January 22, 2020 by the Deputy Commissioner of Competition, Deceptive Marketing Practices Directorate, the Competition Bureau (Bureau) outlined its current digital marketing enforcement priorities (see: Honest Advertising in the Digital Age). In general, the Deputy Commissioner’s remarks reflect an overall … Read the rest of this entry »

Competition Bureau Investigates Novel Case Involving Political Parties’ Use of Personal Information

In an interesting and rather novel case, the Competition Bureau (Bureau) is reportedly investigating whether three major Canadian political parties (the Liberal, Conservative and NDP parties) violated the Competition Act in relation to their collection and use of Canadians’ personal information. According to media reports … Read the rest of this entry »

Can a Contest Sponsor Require Entrants to Purchase a Product to Enter a Canadian Contest/Sweepstakes?

Most Canadian contest sponsors choose to include a bona fide “no purchase required” entry option for contests run in Canada. This is because the illegal lottery offences of the Criminal Code (Code), which are generally punishable by imprisonment for up to two years, prohibit games of … Read the rest of this entry »

Influencer Advertising: Competition Act Compliance Now a Material Concern For Brands and Agencies

Over the past several years, competition enforcement agencies have been increasing their scrutiny of false and misleading influencer marketing.  The U.S. Federal Trade Commission (FTC) initially led the charge in terms of guidance and enforcement, which included its Endorsement Guides, Endorsement Guides FAQs and warning … Read the rest of this entry »