Author Archives: Shaun Brown

CASL: $10k per complaint?

Kellogg has become the latest big brand to pay for alleged violations of CASL. The notice on the CRTC’s website says very little, other than that messages were sent by Kellogg and/or its providers over the course of a couple … Continue reading

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Avis: CASL-related amendments to Competition Act violate the Charter

Earlier this year the the Competition Bureau brought an application against Aviscar, Budgetcar, and their parent company, Avis Budget Group Inc. The Bureau alleges that the companies engaged in deceptive marketing practices by failing to disclose additional fees that can … Continue reading

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Is the private right of action under CASL retroactive?

When Industry Canada determined the coming-into-force date for Canada’s Anti-Spam Legislation (CASL), it wisely decided to delay the private right of action for a period of three years. This is supposed to give businesses some time to figure out the rules … Continue reading

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What the Digital Privacy Act means for digital marketers

Bill S-4, the Digital Privacy Act, received royal assent on June 18 (this was nine years in the making – the parliamentary review of PIPEDA that led to the bill began in 2006). The bill makes a number of changes … Continue reading

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Little margin for error under CASL

The list of published enforcement activities under CASL just got a little longer. The first and only administrative monetary penalty levied so far, $1.1 million against CompuFinder, was a lot, but the facts that were published suggest that it was … Continue reading

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Bell moves to “opt-in” for Relevant Advertising Program

The Office of the Privacy Commissioner of Canada (OPC) just published the results of an 18-month investigation into Bell’s Relevant Ads Program (RAP), which involves advertising that is behaviourally targeted to wireless customers. Bell’s announcement of the Program back in … Continue reading

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Why the CASL-related amendments to the Competition Act will matter

The Competition Bureau filed a notice of application to the Competition Tribunal yesterday, brought against Aviscar, Budgetcar, and their parent company, Avis Budget Group Inc. The notice alleges that the companies engaged in deceptive marketing practices by failing to disclose … Continue reading

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$1.1 million penalty under CASL offers few surprises

The moment that so many people have been waiting for arrived this morning when the Canadian Radio-television and Telecommunications Commission (CRTC) announced publicly for the first time that it has issued a Notice of Violation under Canada’s Anti-Spam Legislation (CASL), … Continue reading

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What the Privacy Commissioner is looking for with OBA sweep

The Globe and Mail reported a couple of weeks ago that the Office of the Privacy Commissioner of Canada (OPC) plans to study online behavioural advertising (OBA). The article followed a letter that the OPC sent to notify the Interactive … Continue reading

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New Zealand Spammers fined

A New Zealand court fined a spammer $12,000 a few days ago. According to a press release published by the Department of Internal Affairs, the spam was apparently some sort of bizarre response to an argument that broke out in an internet … Continue reading

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