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Legal Challenges

FTC Can Regulate Cyber Security Says Courts

The FTC Building

The FTC has been taking upon itself in the past several years to become the ‘police’ of commercial cyber security.  They have filed cases against a variety of companies related to lax security practices.  The highest profile case was against Wyndam hotels, accusing them of maintaining insufficient security measures on their data, which allowed three separate breaches (by Russian hacker ... Read More »

Feds Going After YouTube Celebs

Tom Cassell, YouTube Gamer Celebrity may be under Investigation by the FTC for failing disclose paid sponsors.

Over the past several years YouTube celebrities have been popping up all over the place.  One of the biggest niches for ‘YouTubers’ is people who record themselves playing video games while talking about what they are doing.  They then publish the videos to YouTube and often get many millions of views.  People playing games ranging from Mine Craft to Call ... Read More »

Sanford Wallace Going back to Prison but Still Spamming?

Sanford Wallace Going to Jail?

Sanford Wallace, Las Vegas Club Promoter and former mass spammer, known as one of the “Spam Kings,” is going to prison. Wallace, 47 has pled guilty to sending 27 million messages to Facebook users, by hacking into their accounts and then tricking other users into sending their password. Since he has plead guilty, he faces up to three years of ... Read More »

FTC Kills Affiliate Work at Home Scam

Affiliate Marketers Go Down

The FTC has recently filed court orders against 18 marketers who were cheating US and Canadian consumers out of more than $7 related to a shady ‘work-at-home’ deal.  The defendants conned many consumers into believing that they were going to be able to make money from home by simply referring local merchants to a money-lending service.  Unfortunately, the money lending ... Read More »

Avrom Lasarow Broke, Settles with FTC?

Mole Detective Didn't Do Anything it Claimed, According to the FTC

South African Businessman, Avrom Lasarow has reached a settlement with the FTC over a suite of apps that claimed to be able to help diagnose whether moles on the skin are cancerous or not.  The FTC claims that the claims made when marketing or promoting the app were false or unsubstantiated. In the settlement, Lasarow has agreed to be barred ... Read More »

Electronic Media Marketing Group Scam

scam-artist

Electronic Media Marketing Group (EMMG), based in Upper Montclair, New Jersey has been ordered to pay $190,000 in penalties by a federal court in Arkansas.  In addition, they are banned from operating in Arkansas going forward.  In the case, the firm was accused of billing businesses for online advertising that had not been previously authorized. The marketing group ‘deceived’ business ... Read More »

Draft Do-Not-Track Compliance Standard Published

legal-books-gavel-scale

On July 14, 2015, the organization in charge of developing uniform standards for World Wide Web technologies announced the “last call” for a draft proposal on how websites should comply with a user’s “Do-Not-Track” preference.  If implemented, the proposal would be the very first formal standard for DNT compliance. The proposed standard describes how service providers and advertising companies should ... Read More »

Google Finally gets Win in Privacy Related Court Case

Google Lawsuit

In a case that has been going on since back in 2012, Google has gotten what appears to be a final decision from Federal district court Judge, Paul Singh Grewal.  The plaintiffs were hoping to get class action status based on their accusations that Google was gathering data and using it across multiple divisions as well as disclosing it to ... Read More »

Disclosures: 10 Things All Marketers Must Know

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This IS PART ONE in a five part series focusing on Internet marketing and online lead generation compliance.  From weight loss and muscle building products, to skin creams and anti-aging products, the FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing and sales. Commission rules and guides are not limited to any particular medium used ... Read More »

FTC Attorney at Affiliate Summit

Jessica Rich FTC

If you were at the recent Affiliate Summit West, you may have been lucky enough to attend the presentation by former FTC attorney, William Rothbard.  He gave a presentation titled, “Tips from an FTC Pro: How to be Smart and Avoid FTC Hell.”  The presentation went over a number of different topics related to affiliate marketing and how the FTC ... Read More »

Amazon Lawsuits Affects Affiliate Marketers

Amazon Lawsuits

Amazon.com recently had a trademark lawsuit brought against it, saying that their search results can create ‘initial interest confusion.’  The case was won by the plaintiff initially, but the 9th Circuit Court of Appeals has sent it back for another look because they found that ‘a jury could find that Amazon had created a likelihood of confusion.” The case was ... Read More »

Supplement Marketers Fined $1.4 Million for Deception

The FTC Building

The marketers of a cognitive dietary supplement will pay $1.4 million in satisfaction of a settlement resolving Federal Trade Commission charges that they deceived consumers with claims that the supplement was clinically proven to significantly improve memory, mood and other cognitive functions. Under the terms of the settlement, the defendants will pay $1 million to the FTC, and another $400,000 ... Read More »

Airline Fined for Violating Canada SPAM Law

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The Canadian Radio-television and Telecommunications Commission (“CRTC”) has announced that a Canadian commuter airline has agreed to pay a C$150,000 ($120,162) administrative monetary penalty for failing to fully comply with Canada’s new anti-SPAM legislation (“CASL”).  The settlement represents that first time that CASL has address what is considered to be a non-flagrant breach. The small-haul carrier allegedly sent some commercial e-mails that did not contain an ... Read More »

Alert: FTC Stops Free Trial Skin Care Offers

The Federal Trade Commission building in Washington D.C

“Risk Free Trials” have always been a popular way to bring in new customers for some industries.  The Federal Trade Commission (FTC) has recently put an end to that for a group of skincare marketers in California, at least for now.  The FTC worked with a federal district court to put a temporary ban on the defendants because they are ... Read More »

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