The document discusses issues with Canada's Do Not Call list including:
1) Out-of-country telemarketers are accessing the list and making unwanted calls to Canadians despite being beyond the CRTC's regulatory reach.
2) The CRTC dismisses the vast majority of complaints as invalid without investigation, and oversight of complaints against major companies raises a conflict of interest issue.
3) Despite thousands of complaints each month, the CRTC has yet to levy any fines and instead issues warnings, calling into question the effectiveness of enforcement.
An overview of the status of state advertising tax legislation, what to expect going forward, and how to fight it.
Wright Andrews, Partner, Butera & Andrews
Bennet Kelley, Founder, Internet Law Center (Twitter @internetlawcent)
US SALT Alert: IL Amends Click-Through Nexus Statutes to Address Internet Tax...Alex Baulf
On August 26, Illinois Governor Pat Quinn approved legislation that amends the state’s sales and use tax click-through nexus statutes. In 2013, the Illinois Supreme Court held in Performance Marketing Association, Inc. v. Hamer that the state’s click-through nexus statutes were void and unenforceable due to the federal prohibition against discriminatory state taxes on electronic commerce contained in the Internet Tax Freedom Act (ITFA).The legislation addresses this decision by expanding the nexus provisions to include situations where potential customers are referred to out-of-state retailers by a promotional code or other mechanism beyond an Internet link that allows the retailer to track purchases. Also, the legislation adds provisions that permit the retailer to rebut the presumption of nexus. This legislation is effective January 1, 2015.
An overview of the status of state advertising tax legislation, what to expect going forward, and how to fight it.
Wright Andrews, Partner, Butera & Andrews
Bennet Kelley, Founder, Internet Law Center (Twitter @internetlawcent)
US SALT Alert: IL Amends Click-Through Nexus Statutes to Address Internet Tax...Alex Baulf
On August 26, Illinois Governor Pat Quinn approved legislation that amends the state’s sales and use tax click-through nexus statutes. In 2013, the Illinois Supreme Court held in Performance Marketing Association, Inc. v. Hamer that the state’s click-through nexus statutes were void and unenforceable due to the federal prohibition against discriminatory state taxes on electronic commerce contained in the Internet Tax Freedom Act (ITFA).The legislation addresses this decision by expanding the nexus provisions to include situations where potential customers are referred to out-of-state retailers by a promotional code or other mechanism beyond an Internet link that allows the retailer to track purchases. Also, the legislation adds provisions that permit the retailer to rebut the presumption of nexus. This legislation is effective January 1, 2015.
Presentation by Bob Johnson of BKD, LLP about state and local tax laws to the Wichita Metro Chamber of Commerce's September 2015 Small Business CEO Roundtable
Provide updates on CAN-SPAM, keyword search liability and the recent FTC affiliate marketing rules to identify how audience members can ensure that their campaigns produce results, not liabilities.
Tal ron drihem and co - LAC 2017 - Clarifying the situation: Legal responsibi...iGB Affiliate
This year has already proven that the forex and binary industries are not about to stabilise from a regulatory point of view.
Leading Financial and Gaming Attorney Tal Itzhak Ron, Chairman and CEO of Tal Ron, Drihem and Co. will present a hands-on workshop to provide clarity over recent developments and uncertainties.
What is happening in the global binary options regulation space?
Are affiliates legally liable to brokers' issues with traders?
Content and "Character" Affiliates and deceptive marketing
Court rulings you should know about
Affiliate and IBs responsibilities comparison
How the “affiliate nexus tax” was killed once and for all – and launched performance advertising onto the national e-commerce stage.
Experience level: Beginner, Intermediate, Advanced
Target audience: Affiliates/Publishers
Niche/vertical: Nexus
Scott Allan, Vice President of Marketing, LinkShare (Moderator)
David Andre, Founder & Chairman, Cartera Commerce, Inc.
Rebecca Madigan, Executive Director, Performance Marketing Association (Twitter @pmassociation)
Matthew P. Schaefer, Partner, Brann & Isaacson
Canada's Anti Spam Laws:
- Risk of High Penalties
- Due Diligence Defence
- What your staff need to know
- Free resources for further investigation and training
- Associated YouTube video
Social Media and the Law - by Tom CowlingiCrossing
Social Media Law: Branded content, conversations and the new responsibilities of marketers online
Brands are becoming publishers, participants and distributors on the social web. What do they need to bear in mind from a legal perspective?
In partnership with Wired Sussex.
Natasha longon - LAC 2017 - Data protection regulations: Are you at risk?iGB Affiliate
Following the recent crack-down from the Information Commissioner’s Office on affiliates regarding the use of personal data in marketing campaigns, it has never been more important to ensure that you know what legal standards you must adhere to. This session will provide the legal insight to ensure that your data use is not putting you at risk and that you’re protected for the future.
Managing users data according to legal standards
Terms around emailing and using data
Key measures all affiliates must have in place
Anti-corruption legislation is are not appropriate for corruption situation in Bangladesh and are inadequately enforced or give protection to corrupts. Facilitation payments and gifts are illegal, but common in practice.
The attractiveness of grassroots corruption is explained by the mutual gain and minimal risk for the person accepting a bribe and the person who offers the bribe. A bribe helps to solve routine problems. Bribes can serve as a modest payment for minor violations of laws and regulations.
Presentation by Bob Johnson of BKD, LLP about state and local tax laws to the Wichita Metro Chamber of Commerce's September 2015 Small Business CEO Roundtable
Provide updates on CAN-SPAM, keyword search liability and the recent FTC affiliate marketing rules to identify how audience members can ensure that their campaigns produce results, not liabilities.
Tal ron drihem and co - LAC 2017 - Clarifying the situation: Legal responsibi...iGB Affiliate
This year has already proven that the forex and binary industries are not about to stabilise from a regulatory point of view.
Leading Financial and Gaming Attorney Tal Itzhak Ron, Chairman and CEO of Tal Ron, Drihem and Co. will present a hands-on workshop to provide clarity over recent developments and uncertainties.
What is happening in the global binary options regulation space?
Are affiliates legally liable to brokers' issues with traders?
Content and "Character" Affiliates and deceptive marketing
Court rulings you should know about
Affiliate and IBs responsibilities comparison
How the “affiliate nexus tax” was killed once and for all – and launched performance advertising onto the national e-commerce stage.
Experience level: Beginner, Intermediate, Advanced
Target audience: Affiliates/Publishers
Niche/vertical: Nexus
Scott Allan, Vice President of Marketing, LinkShare (Moderator)
David Andre, Founder & Chairman, Cartera Commerce, Inc.
Rebecca Madigan, Executive Director, Performance Marketing Association (Twitter @pmassociation)
Matthew P. Schaefer, Partner, Brann & Isaacson
Canada's Anti Spam Laws:
- Risk of High Penalties
- Due Diligence Defence
- What your staff need to know
- Free resources for further investigation and training
- Associated YouTube video
Social Media and the Law - by Tom CowlingiCrossing
Social Media Law: Branded content, conversations and the new responsibilities of marketers online
Brands are becoming publishers, participants and distributors on the social web. What do they need to bear in mind from a legal perspective?
In partnership with Wired Sussex.
Natasha longon - LAC 2017 - Data protection regulations: Are you at risk?iGB Affiliate
Following the recent crack-down from the Information Commissioner’s Office on affiliates regarding the use of personal data in marketing campaigns, it has never been more important to ensure that you know what legal standards you must adhere to. This session will provide the legal insight to ensure that your data use is not putting you at risk and that you’re protected for the future.
Managing users data according to legal standards
Terms around emailing and using data
Key measures all affiliates must have in place
Anti-corruption legislation is are not appropriate for corruption situation in Bangladesh and are inadequately enforced or give protection to corrupts. Facilitation payments and gifts are illegal, but common in practice.
The attractiveness of grassroots corruption is explained by the mutual gain and minimal risk for the person accepting a bribe and the person who offers the bribe. A bribe helps to solve routine problems. Bribes can serve as a modest payment for minor violations of laws and regulations.
The Federal Trade Commission (FTC or Commission) is an independent U.S. law enforcement agency charged with protecting consumers and enhancing competition across broad sectors of the economy. The FTC’s primary legal authority comes from Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive practices in the marketplace. The FTC also has authority to enforce a variety of sector specific laws, including the Truth in Lending Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Telemarketing and Consumer Fraud and Abuse Prevention Act. This broad authority allows the Commission
to address a wide array of practices affecting consumers, including those that emerge with the development of new technologies and business models.
Unit 8 DB Identity Theft Article A Chief’s ViewIdentity Thef.docxouldparis
Unit 8 DB: Identity Theft Article
A Chief’s View:Identity Theft:Resources for Police
By Stephen White, Chief of Police, Doylestown Township, Pennsylvania, and Monique Einhorn, Attorney, Identity Theft Program, Federal Trade Commission, Washington, D.C.
Identity theft seems to be on everyone's radar screen. A 2003 study by the Federal Trade Commission found that identity theft affects almost 10 million consumers a year. Most states have enacted their own identity theft laws to assist law enforcement fight this crime.
When Congress criminalized identity theft in October 1998, it directed the Federal Trade Commission (FTC) to establish a national program that included a centralized complaint and education service for victims of identity theft. Today, the FTC's Identity Theft Program attacks the crime on three fronts: it coordinates victim assistance and education efforts; it assists law enforcement by providing investigative resources and facilitating information sharing; and it promotes prevention efforts and best practices through industry outreach. These resources can make it easier for police to work with victims and investigate the crime. (continued on page 38)
What's New
The Fair and Accurate Credit Transactions Act (FACT Act), a new federal law, provides identity theft victims with important new rights and remedies. Although the identity theft provisions are mostly directed at victims' recovery, they affect how police officers deal with this pernicious crime. The law makes police reports more important than ever as a tool to help victims recover. That is because the new rights and remedies-such as blocking fraudulent trade lines on credit reports and obtaining the suspect's credit application-are available only to victims who present a police report to help prove that they are victims of fraud.
One provision of the FACT Act that simplifies the investigation of identity crime relates to the documents used to open fraudulent accounts. For example, if a company extends credit to a suspect using the victim's personal information, the victim now can obtain the identity theft related transaction records at no charge from that company-but only if the victim provides a copy of a police report and other required documentation. Law enforcement also benefit because investigators can get these documents without a subpoena if a victim authorizes, in writing, that the business send a copy of the records directly to the officer.
Police reports are the first step in helping identity theft victims clear their names and recover from identity theft. Here's what happens after a victim obtains a police report:
· Credit bureaus must block the reporting of inaccurate information identified by the victim as resulting from identity theft.
· Businesses where fraudulent accounts were opened must give victims (and police, at the victim's written request) copies of applications and business records relating to transactions that the victim identifies a ...
Recorded on Monday, April 16, 2012. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone scams and other consumer problems with phones. It reviews the role of the Competition Bureau, the Ministry of Consumer Services, the Canadian Radio-television and Telecommunications Commission (CRTC), and the Canadian Anti Fraud Centre in combatting telephone trickery. Examples of recent versions of these scams will be reviewed so attendees will have an idea of what to watch for in their everyday lives.
To watch an archived version visit:
http://yourlegalrights.on.ca/webinar/Fighting-Telephone-Trickery-Using-Consumer-Protection-Laws
Rarely does a week go by without the announcement of another major data breach that has put thousands, or even millions of consumers at risk of fraud. From malicious use of compromised credit and debit cards, to increased identity theft risk to drained bank accounts, the threats are real and impact millions of consumers. . A key challenge for the incoming 114th Congress will be to implement long-needed reforms that will protect American consumers personal data from malicious use by criminal hackers.
Do you contact your consumers by phone? You might only reach out to them occasionally – to inquire about a late payment or a change in the account. Still, calling your consumers – even once – means you must also adhere to the regulations established by the Telephone Consumer Protection Act (TCPA). Failure to follow the rules can result in per instance fines as high as $1,500. In this presentation, we'll address the top 10 TCPA questions in the industry with expert responses.
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
TCPA class action lawsuit filings surpassed 5,000 in 2016 alone. Top compliance strategies for dealing with the new administration at the FCC, FTC, and CFPB.
1. LAW BYTES
TheStar.com | sciencetech | Do-not-call
violations set alarm bells ringing
Do-not-call violations set alarm bells
ringing
TORONTO STAR GRAPHIC
Industry Minister Tony Clement tabled the Electronic Commerce Protection Act on April 24, 2008, an anti-spam bill
that bears some similarities to Canada's do-not-call legislation. How would Canadian law address unwanted
telemarketing vs. unwanted commercial email?
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Apr 27, 2009 04:30 AM
Comments on this story (31)
MICHAEL GEIST
Canada's do-not-call list faced severe criticism earlier this year when it was reported that out-of-
country telemarketers, who are beyond the regulatory reach of the Canadian Radio-television
and Telecommunications Commission, were accessing the list and making unwanted calls to
Canadians. With more than 6 million numbers now registered on the list, the prospect of do-not-
call list registration leading to more calls rather than less instantly became a disturbing reality
for millions of Canadians.
While the misuse of the do-not-call list remains a concern, a review of thousands of pages of
internal government documents released under the Access to Information Act reveal that it is
only the tip of the iceberg.
2. In addition to lax list distribution policies, the enforcement side of the do-not-call list raises
serious alarm bells with the majority of complaints being dismissed as invalid without CRTC
investigation, the appearance of a conflict of interest in sorting through complaints, and a
regulator that has been content to issue quot;warningsquot; rather than levying the tough penalties
contained in the law.
The CRTC documents obtained under Access to Information include a list of companies that have
downloaded the do-not-call list. Given the broad exceptions under the law, virtually no charities,
survey companies, political parties or newspapers have acquired it. Instead, real estate agents,
car dealers, financial advisers and lawn-care companies dominate the list of more than 1,000
organizations.
Many of those organizations are identifiable, yet there are also more than 100 provincial
numbered companies for which little is known, as well as cryptic names such as quot;My broker
officequot; or quot;Michele.quot;
It is unclear whether the CRTC invoked further verification before granting access to unknown
organizations.
The proliferation of the do-not-call list is certainly disconcerting, but the picture that emerges
about its enforcement is even more troubling.
The documents reveal that the CRTC receives more than 20,000 telemarketing complaints each
month, many involving the do-not-call list (some complaints may relate to other
telecommunications rules that cover automated dialers or curfews).
The initial evaluation of complaints is handled by Bell, which manages the do-not-call list, rather
than the CRTC. Bell reviews each complaint and provides a prima facie evaluation of whether it
is valid, invalid or indeterminate (which require further investigation).
Despite tens of thousands of complaints, very few have been categorized by Bell as a prima
facie violation of the do-not-call list. For example, in January, Bell reported that there were only
42 valid prima facie national do-not-call violations, while 3,033 national do-not-call complaints
were ruled invalid (an unknown number of do-not-call complaints were treated as
indeterminate).. The situation was much the same in prior months.
In December 2008, Bell reported only 32 valid do-not-call complaints, while dismissing 2,748
complaints as invalid. In November 2008, there were 44 valid complaints as opposed to 3,981
complaints dismissed as invalid.
Not only are the vast majority of do-not-call complaints dismissed as invalid without any further
investigation, but a complete list of consumer complaints lodged on the CRTC's website reveals
that a who's who of the Canadian business community has been the target of complaints.
Alongside a steady of stream of complaints about vacation offers and duct cleaning, leading
retailers such as the Bay and Zellers, financial institutions such as MBNA, telecommunications
companies such as Rogers, Telus and Bell, as well as newspapers and charities regularly appear
on the complaints list. Under the current system, this means that Bell adjudicates whether
complaints about its own telemarketing practices (and those of its competitors) are prima facie
valid or invalid, a procedure that raises obvious concerns about conflict of interest.
Complaints that survive Bell's initial round of scrutiny go to the CRTC for further investigation.
To date, the CRTC has sent out approximately 70 warning letters where it believes there are
reasonable grounds to conclude that the organization is not in compliance with the do-not-call
list legislation. Recipients of the letters are asked to take quot;corrective actionquot; to address the
3. concerns and are warned that failure to do so could lead to penalties of up to $15,000 per
violation for corporations.
Notwithstanding that threat, the CRTC has yet to levy any fines.
These enforcement concerns became particularly important late last week, when the federal
government introduced new anti-spam legislation that similarly places most of the enforcement
responsibilities with the CRTC.
The Electronic Commerce Protection Act would give the CRTC the power to levy fines of up to
$10 million for spamming activities, yet the experience with the do-not-call list raises questions
about the commission's effectiveness as an enforcement body. There are plans to review the do-
not-call list in a report to Industry Minister Tony Clement later this year.
Given the ongoing concerns around list misuse, enforcement and overbroad exceptions that may
be leading to the dismissal of the majority of complaints without further investigation, Clement
may need to step in sooner to address a major bungling that affects millions of Canadians.