Online vendors will be interested in a recent decision of an Ontario court in Hazjizadeh v Canada (Attorney General), 2014 CanLII 48552 (ON SCSM). In the ruling the court held that online advertisers owe a duty of care to prospective purchasers to ensure that their representations are true and not misleading. If they breach this duty, they may be held liable in negligence for online statements which induce purchasers to engage in transactions.
Archive for the ‘misleading advertising’ category
Want to avoid making misleading disclosures in online advertising? Then the FTC’s new staff guidance document, .com Disclosures, How to Make effective Disclosures in Digital Advertising, is a must read. It provides information businesses should consider as they develop ads for online media to ensure that they comply with US law.
The overview summarizes the general principles as follows:
- The same consumer protection laws that apply to commercial activities in other media apply online, including activities in the mobile marketplace. The FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing, and sales. In addition, many Commission rules and guides are not limited to any particular medium used to disseminate claims or advertising, and therefore, apply to the wide spectrum of online activities.
Canada has a new anti-SPAM and anti-spyware law, Bill –C-28. It is a law with an inordinately long name: “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act”.
The Bill has no short title. As a result different terms and acronyms are being used to refer to it including the ECPA, FISA, FIWSA, the SPAM Bill, the Anti-SPAM Legislation, and the Anti-SPAM and Anti-Spyware Bill.