Posts in the Legal Challenges Category at Performance Marketing Insider

Legal Challenges

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Apple, Google, Intel & Adobe Off to Court for Wage Collusion


Some of the largest tech companies in the world including Google, Apple, Intel and Adobe will have to go to civil court to defend themselves against charges of wage collusion.  The companies are accused of attempting to limit the pay of employees by agreeing to not recruit engineers from one another.  Several companies who were [...]

Google to Go to Supreme Court over Wi-Fi Snooping


Google has filed a request to have the US Supreme Court to hear and rule on the legality of the company’s sniffing of unencrypted Wi-Fi traffic.  You likely recall the scandal that surfaced a couple years ago where the Google Street View vehicles were found to also be capturing small bits of internet traffic from [...]

Are Your Clickwrap Forum Selection Clauses Enforceable?


Earlier this month, the U.S. District Court for the Northern District of California held that clear evidence that a consumer could not have completed an online transaction without checking a box accepting the terms and conditions was sufficient to constitute notice and acceptance of the forum selection clause contained within. Moretti v. Hertz Corp., No. [...]

Cole Haan’s Social Media Investigated by the FTC

Cole Haan FTC

Cole Haan, a shoe manufacturer recently ran a photo contest, titled “Wandering Shoe,” which offered $1000 for the ‘most creative entry.’   The contest required users to post photos on Pinterest, with a board titled “Wandering Sole” and then create five photos of the shoes, five photos of ‘places to wander’, and use the proper hashtag.
The [...]

IRS Says BitCoins are Property, Not Money


Crypto currencies, such as the popular BitCoin, have been going through some growing pains over the past few months.  Between issues with hackers, the fraud and closing of the popular trading service, Mt. Gox, many people have had questions about how stable these currencies can actually be.  Many experts suggest that these types of troubles [...]

Is Your Business Prepared for Canada’s Anti-Spam Law?


In what is widely considered to be one of the most restrictive laws on the planet dealing with commercial electronic messages, most of Canada’s long-awaited anti-spam legislation will take effect on July 1, 2014 (“CASL”).
CASL regulates all commercial electronic messages that are sent or accessed by computer systems located within Canada.  Therefore, covered businesses currently [...]

Google Ordered to Pay $85 Million for Patent Infringement


SimpleAir’s US Patent No. 7,035,914, which covers a system and method used for data communication between network computers, was the subject of a patent infringement case against Google.  SimpleAir first claimed that Google, Microsoft, Samsung, Nokia and other tech firms had violated the patent in 2011.  All the companies settled with SimpleAir, except Google, which [...]

FTC Investigating LifeLock


LifeLock, an industry leading identify and data Protection Company, has recently confirmed that they are the subject of an active FTC.  This may be of particular interest to the many affiliate marketers who are part of the LifeLock affiliate program.  This is not entirely unexpected, as LifeLock filed a 10-K form learly this year, which [...]

John Monarch & Karl Steinborn Sued for Defamation


This lawsuit, filed in Philadelphia alleges that John C. Monarch and Karl F. Steinborn are behind a website that has been used to defame and attack people in the online advertising and marketing industry.  According to the lawsuit, they have been using it specifically to hurt competitors while pretending to be a troll persona in [...]

Ryan Eagle has His Wheels Taken by FTC


It seems that it doesn’t get any better with time for the former golden boy of free gift cards and text message spam, Ryan Eagle. Both him and his long time masonic partner, Vito Glazers have agreed to a settlement with the Federal Trade Commission and admit to sending out deceptive offers.  As part of [...]

FTC Beats Down SubscriberBase and All Square Marketing


The FTC has approved a settlement against a total of twelve defendants who were running digital marketing campaigns which promised “free $1,000 gift cards” to people viewing their ads.  They ran many websites running ads that attempted to get people to click in order to claim a gift card, which they supposedly had already won.
The [...]

Fraud Expert Ben Edelman Publishes Best Practices in Affiliate Management

Best Practices Affiliate Management

More and more companies, both online and off, are turning to performance marketing programs to help boost their sales. While this is certainly a good thing for both the companies and the affiliate marketers, it has also caused some significant problems related to fraud and other criminal activity. Honest marketers and businesses can agree that [...]

Google May owe up to $1Billion

The Google Building

Google has already had to pay $15.8 million in a lawsuit brought on by a company named Vringo (through a subsidiary called I/P engine) for patent violations. Vringo had acquired two patents from Lycos that are about the ranking and placement of ads in search engines. In 2012, courts ordered Google, Microsoft, AOL and others [...]

Revenge Porn Facing Legal Challenges


You might be wondering what that title, or this topic, has to do with performance marketing.  Well, as digital marketers we need to be well aware of any legal challenges going on that affects anything on the Internet.  While I fully support this law (which I’ll explain shortly), it is important for us as marketers [...]

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