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Legal Challenges

FTC: Google Harmed Competing Sites


The FTC completed an investigation back in 2013 into Google related to anti-trust accusations.  The report suggests that Google actually worked to intentionally keep competitors to their online shopping site off of the top search results.  They may have also deliberately blacklisted other shopping sites, even though they claim that they did not do this. The Wall Street Journal obtained ... Read More »

Courts: Advertisers Liable For Deceptive Affiliates!


A federal court has recently sided with the FTC, stating that advertisers should be held accountable for any deceptive or otherwise illegal acts and practices that are performed by affiliate marketers.  This is related to a case involving LeadClick Media, INC, which is a well-known affiliate marketing network.  They were ordered to return $11.9 million in payments that it received ... Read More »

GOP proposes Internet Sales Tax


It has been a while since we have heard much about the so called ‘Internet Sales Tax’ or more accurately, the Marketplace Fairness Act.  It passed the Senate back in 2013, but was never taken up by the Republican controlled House (because it had little to no chance of passing).  The bill would give states the ability to put sales ... Read More »

French Sues Facebook over Nude Painting Ban


Four years ago a French teacher decided to post a famous painting on his Facebook account.  It was a painting that had been featured in the very prestigious Musee d’Orsay art museum, among other places.  The painting he posted an image of was the “L’Origine du Monde” which translates to, “The Origin of the World.”  The painting was completed in ... Read More »

SPAM from Untraceable Domain Names Not Misleading

Spam Lawsuit

In October 2014, the California Court of Appeal ruled in a putative class action, Rosolowski et al. v. Guthy-Renker LLC, that a commercial email header does not violate California’s anti-SPAM statute “merely because it does not identify the official name of the entity which sent the email, or merely because it does not identify an entity whose domain name is ... Read More »

MarketBay.com President Indicted by FBI in Massive Data Breach


In a case regarding what has been called one of the largest reported data breaches in US history, the FBI has recently unsealed their indictments against Viet Quoc Nguyen and Giang Hoang Vu, both of whom are citizens of Vietnam.  They are charged with breaking laws related to a major data breach of e-mail service providers in the United States.  ... Read More »

Unmonitored E-Mail Not Violate Maryland SPAM Statute

Spam Lawsuit

On February 26, 2015, the Maryland Court of Special Appeals  held that a “from” e-mail address leading to an unmonitored mailbox was not false or misleading information about the origin or transmission path of the e-mail (Walton v. Network Solutions, Md. Ct. Spec. App., No. 1317, 2/26/15). Here, the plaintiff alleged Network Solutions Inc. violated the Maryland Commercial Electronic Mail Act, Md. C.L. § 14-3001, ... Read More »

FTC Settles Paid Online Review Case

Advertising Guidelines Updated. Important Read

An automobile shipment broker based in Georgia, has agreed to a settlement with the Federal Trade Commission that will halt the company’s allegedly deceptive practice of touting online customer reviews, while failing to disclose that the reviewers were compensated with discounts and incentives. The broker’s website represented that the company had “more highly ranked ratings and reviews than any other company in the ... Read More »

Apple Ordered to Pay $533 Million to Patent Troll


Apple, along with several other major tech firms, was sued in a Texas federal court for patent infringement by Smartflash LLC. Smartfish is a well known patent troll that has made millions in the past with this type of lawsuit.  This one, however, is particularly big.   It is related to the way iTunes handled data storage and access, which they ... Read More »

Court Denies De-Publication of California SPAM Decision


In October of 2014, I blogged about the Roslowski et al. v. Guthy-Renker LLC decision pertaining to California Business & Professions Code §17529.5(a)(2) and (3), and the issue of identifying the sender in the body of commercial email. The decision can be found, here. On February 11, 2015, the California Supreme Court denied the request of several non-parties to de-publish ... Read More »

Clickbooth Fights Patent Troll Essociate and Wins


On February 11, 2015, the United States District Court, Central District of California granted Clickbooth’s Motion for Judgment on the Pleadings, ruling that the claims asserted by Essociate are patent ineligible under 35 U.S.C. § 101 and are therefore invalid.  A copy of the motion can be seen, below. Title 35 of the U.S. Code Section 101 is a section ... Read More »

The POM Decision and Claim Substantiation Standards

pom legal

On January 30, the D.C. Circuit Court of Appeals held in POM Wonderful, LLC, et al. v. Federal Trade Commission that the FTC did not have an adequate basis to require POM Wonderful, LLC to conduct a minimum of two successful “randomized and controlled human clinical trials” before making advertising claims regarding product efficacy and disease prevention. POM represented that ... Read More »

Shalman Dunkley Hacking Scam Alert


According to Josh Ogle, the following person is hacking accounts, redirect to offers without permission and potentially, illegally. FYI – this fella is hacking peoples’ tracking accounts, then redirecting to his offers. Shalman Dunkley Lot 12 Meylers Piece Little London, Jamaica Province: Westmoreland Postal Code: JMDWD13 PUB IDS: GrabAds – 36825 Guru Media – 301060 Mobooka – 593 PKM – ... Read More »

US Senators Already Pushing Back Against Verizon Supercookie Opt-Out


Verizon Wireless has been using a new type of cookie to help target ads to mobile customers.  The new cookie has been dubbed the ‘supercookie’ and collects additional information and uses it to help improve the quality of marketing.  Verizon has given all their users an option to opt-out of having the supercookie used on their devices, but according to ... Read More »

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