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Consumer Protection

Consumer Protection
Consumer Protection
Expertise / Practices / Consumer Protection

Technology, including digitization and the sharing economy, has revolutionized the way Canadians access and pay for goods and services. In response to market pressures and consumer demands, businesses need to innovate how they design, manufacture, advertise, distribute and sell their goods and services. Together with the advent of the sharing economy, which significantly impacts suppliers and customers, the digital economy continues to evolve. It is vital for companies to stay informed of market, legal and regulatory changes.

The Blakes Consumer Protection group has the experience and in-depth knowledge necessary to address our clients’ needs across a diverse range of businesses and industries in these quickly changing times. We routinely counsel clients on their products, regulatory compliance and day-to-day operations.

Our lawyers have strong working relationships with federal, provincial and industry regulators such as the Canadian Competition Bureau, the Financial Consumer Agency of Canada, the Financial Transactions and Reports Analysis Centre of Canada and provincial consumer protection regulators, including the Office de la protection du consommateur and the Office québécois de la langue française.

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Recent Experience

Financial Services

  • Credit Karma, Inc., a free credit and financial management platform, on its expansion into Canada.

  • Schedule I banks with respect to provincial and federal regulatory matters relating to their core retail banking documents, including secured and unsecured personal loans and lines of credit, mortgages, overdraft protection and deposit agreements.

  • Goeasy Ltd. on the launch of their national residential mortgage loan product offering.

Litigation

  • Financial institutions, including major chartered banks and other large institutional clients, in numerous class actions across the country in connection with levying cash advances, foreign exchange conversion, title insurance, merchant and over credit limit fees, setting credit limits, and the disclosure and/or calculation of interest rates.

  • Service providers, manufacturers, distributors and sellers in numerous class actions across the country in connection with all manner of consumer goods and services, including food and beverages, pet supplies, building supplies, vehicles, household appliances, and over-the-counter medicines.

Marketing/Advertising

  • A number of retailers on their Canadian marketing and advertising activities, including compliance with sales claims and other pricing matters, all manner of contests and promotions, product safety and recall matters, and compliance with Canada’s Anti-Spam Legislation.

  • Numerous pharmaceutical/medical device companies on advertising and marketing matters, including social media initiatives, compliance with applicable codes of conduct, press releases direct-to-consumer advertising.

  • A number of food companies on their Canadian marketing and advertising activities, including support on all aspects of food labelling, product recalls and promotional materials such as advertising to children and advertising campaigns in support of product launches.

Competition

  • Bell Aliant Inc. in its defence of a successful injunction relating to misleading advertising claims.

  • Beatrice Foods Inc. in seeking an injunction to stop the defendant from making certain statements in its advertising campaign.

  • UPS in an important case dealing with comparative advertising claims, successfully defending UPS against allegations that claims in respect of its shipping rates were misleading.

Privacy

  • The Canadian subsidiary of a multinational personal care company with respect to conducting a privacy audit. 

  • A global project team with respect to privacy advice in the development of a connected vehicle and mobile application. 

  • A multinational cosmetics retailer in connection with privacy and anti-spam issues, including with respect to targeted marketing and advertising activities.

Retail

  • Retail operations in the province of Quebec on the applicability of French language laws.

  • Crate & Barrel on its expansion into Canada.

  • True Religion Apparel, Inc. on its expansion into Canada.​

Awards & Recognition

Members of our Consumer Protection group are recognized as leaders in their fields in the most recent editions of the following publications:

  • Chambers Canada: Canada's Leading Lawyers for Business (Competition/Antitrust; Dispute Resolution: Class Action Defence; Litigation - Products Liability; Pr​ivacy and Data Protection)

  • Chambers Global: The World’s Leading Lawyers for Business (Competition/Antitrust)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys (Class Action; General Commercial and Product Liability)

  • Benchmark Litigation's "Top 25 Women in Canadian Litigation"

  • IFLR1000: The Guide to the World’s Leading Financial and Corporate Law Firms  (Financial Services Regulatory)

  • Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers

  • Legal Media Group's Guide to the World's Leading Product Liability Lawyers

  • Legal Media Group's Guide to the World's Leading Women in Business Law (Product Liability)

  • The Best Lawyers in Canada (Competition/Antitrust Law; Class Action Litigation; Privacy and Data Security Law; Product Liability Law;)

  • The Canadian Legal Lexpert Directory (Advertising & Marketing Law; Asset Equipment Finance/Leasing; Competition Law; Litigation – Product Liability;)

  • The Legal 500 Canada (Banking and Finance; Competition and Antitrust)

  • Who's Who Legal: Canada (Competition; Product Liability; Telecommunications, Media & Technology)​

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