Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses the Competition Bureau’s (Bureau) 2021 Fraud Prevention Month Priorities. The Update provides an overview of civil and criminal misleading advertising enforcement under the Competition Act, R.S.C. 1985, c. C-34, key Bureau deceptive marketing related enforcement and education priorities and implications for companies engaging in advertising and marketing in Canada. Below is an excerpt with a link to the full Legal Update.
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March is Fraud Prevention Month for the Competition Bureau (Bureau). The Bureau’s annual campaign, which is intended to raise awareness about consumer fraud in online and other media, launched on March 1, 2021.
According to the Bureau, in 2020, Canadians lost over $106.4 million to fraud, $62.6 million of which was related to online fraud (see News Release, Fraud Prevention Month 2021: Watch out for Online Scams, Competition Bureau, February 25, 2021). See also, News Release, Taking care of business, Competition Bureau, March 15, 2021.
While most companies do not engage in fraud, the Bureau’s annual Fraud Prevention Month is, nevertheless, useful as a reflection of the Bureau’s deceptive marketing related enforcement priorities. For more information about civil and criminal misleading advertising under the Competition Act, R.S.C. 1985, c. C-34, see: Practice Note, Misleading Advertising Under the Competition Act, Best Practices for Digital Marketing Checklist, Disclaimers and the Competition Act Checklist and Misleading Advertising Due Diligence Checklist.
The Bureau’s Fraud Prevention Month guidance is also helpful in assisting companies avoid fraud targeting their business operations. For more information, see The Little Black Book of Scams, 2nd edition, Competition Bureau, March 1, 2018.
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For the Full Legal Update see: The Competition Bureau’s 2021 Fraud Prevention Month Priorities.
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I am a Toronto competition/antitrust lawyer and advertising/marketing lawyer who helps clients in Toronto, Canada and the US practically navigate Canada’s advertising and marketing laws and offers Canadian advertising/marketing law services in relation to print, online, new media, social media and e-mail marketing.
My Canadian advertising/marketing law services include advice in relation to: anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the federal Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions. I also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.
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