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ARTICLE · 13 APRIL 2015

Competition Bureau Takes Action For Misleading Emails

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Violation of the Competition Act prohibitions can result in serious remedies, including administrative monetary penalties of up to $1 million per violation for individuals and up to $15 million per violation for organizations.

CanadaMedia, Telecoms, IT, Entertainment

On March 11, 2015, the Competition Bureau commenced proceedings against two car rental companies, Aviscar and Budgetcar, for alleged deceptive marketing practices, including false or misleading emails, seeking remedies including a total of $30 million in administrative monetary penalties and refunds to consumers. The Bureau's claims rely, in part, on provisions of the Competition Act that were added by Canada's anti-spam law (commonly known as "CASL") to prohibit false or misleading representations in commercial electronic messages.

CASL

CASL creates a comprehensive regime of offences, enforcement mechanisms and potentially severe penalties designed to prohibit unsolicited or misleading commercial electronic messages, the unauthorized commercial installation and use of computer programs on another person's computer system and other forms of online fraud.

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