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Neufeld Legal Professional Corporation

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Advertising through the internet has become increasingly prevalent, as have the occurrences of fraud and deception through online advertising.  As such, your business needs to be wary of the legal and statutory prohibitions imposed to protect the public through the enforcement of consumer protection laws in cyberspace.

Consumer protection laws applicable to commercial activities in other media also apply to online advertising, marketing and sales.  The core legal principles pertaining to truth in advertising apply, including (i) the advertisement must be truthful and not misleading; (ii) the advertiser must have evidence to back up its claims; (iii) the advertisement cannot be unfair; and (iv) the advertisement does not subliminally deceive the public without their conscious perception.

Disclosures should not be misleading, to ensure that consumers receive material information about the terms of a transaction, which are clear and conspicuous.  Internet advertising disclosures should consider: the placement of the disclosure in the advertisement and its proximity to the relevant claim; the prominence and placement of the disclosure; whether the internet-userís attention is distracted by other elements on the web page; whether the language of the disclosure is understandable to the intended audience; among others.  Particular attention needs to be made to health and safety claims, as with the presentation of data or statistics that consumers may have difficulty verifying.

As the internet evolves, so to will the rules and regulations governing online advertising.  And to create an added level of complexity, advertisers are not only responsible for the changing laws of their home country, but also other prominent countries where their marketing may draw consumers.  We understand online advertising and can assist your internet business in advancing its financial ambitions while remaining legally compliant.

Contact computer lawyer Christopher R. Neufeld of Neufeld Legal Professional Corporation at or 403-400-4092 for businesses situated in Calgary and Alberta or 416-887-9702 / 905-616-8864 for those businesses situated in the Toronto Business Triangle (Toronto-Hamilton-London, Ontario).

Christopher R. Neufeld, an attorney with Neufeld Legal Professional Corporation, is admitted to practice in both New York (U.S.A.) and Ontario and Alberta (Canada), and represents computer / information technology businesses in the United States and Canada, and foreign technology companies engaged in commercial operations in North America.  The law firm has offices in Calgary, Alberta; Toronto, Ontario and Burlington, Ontario. COPYRIGHT 2008/12.

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