Performance Marketing Insider

Performance Marketing Insider has learned that at least a dozen major CPA Networks have entered or are in the process of entering into agreements with the FTC that will prohibit these networks and much of industry from working on many if not most diet offers.  These pre-settlement “consent” agreements were reached before the companies were [...]

Preet Bharara, the United States Attorney for the Southern District of New York, announced today the extradition of ANTON IVANOV from Estonia to face charges of conspiracy to commit wire fraud and computer intrusion, among other offenses.  The charges relate to the alleged operation of a massive and sophisticated Internet fraud scheme that infected with [...]

Verizon is urging the Federal Communications Commission (“FCC”) to desist from imposing “anti-cramming” rules on the wireless telecommunications industry.
“Cramming” is the practice of placing unauthorized, misleading or deceptive charges on one’s telephone bill. Crammers rely on confusing telephone bills in an attempt to trick consumers into paying for services they did not authorize or receive, [...]

A federal judge has ruled against Adknowledge, allowing a class action lawsuit to move forward that accuses Adknowledge of using deceptive advertising in order to cheat consumers.
The lawsuit claims that Adknowledge, in conjunction with Tatto Media sold posters to consumers for only a 99-cent shipping charge. However, the lawsuit charges that consumers then found that [...]

A common practice amongst mailers is to use fictitious names for all their mailing companies, with PO Boxes and various domains registered to non-existent people. In fact, they ruled in Balsom Vs. Trancos, that pretty much all fake headers violate California Law. So now, according to this ruling, all commercial emails must include a domain [...]

Oftentimes, intellectual property (IP) is considered the most valuable asset of technology companies.  As a result, timely action is necessary to ensure ownership and protection of a company’s intellectual property portfolio.
The types of intellectual property focused upon in this article are trademarks, service marks, domain names, and trade secrets.  Many technology start-ups are surprised to [...]

The Federal Communications Commission (“FCC”) has significantly amended its regulations under the Telephone Consumer Protection Act (“TCPA”) which governs the use of pre-recorded calls or calls placed with an automated telephone dialing system.  The TCPA places limits on unsolicited pre-recorded telemarketing calls to landline home telephones, and all autodialed or pre-recorded calls to wireless numbers, [...]

Beware the Ides of March. This saying, made famous by William Shakespeare’s play Julius Caesar, was a warming to Caesar that he was about to be stabbed (33 times!) and by a man he considered a friend. Today my friends, is the Ides of March.
A dismissed employee of IntegraClick, ClickBooth parent company, Robert McAfee, who [...]

On February 24, 2012 in the matter of Balsam v. Trancos, Inc., the California Court of Appeal  held that: (1) commercial e-mail header information that uses a sender domain name that neither identifies the actual sender on its face, nor is readily traceable to the sender, constitutes misrepresentation in violation of California’s Anti-Spam Act; and [...]

This past week, Facebook along with the Washington State Attorney general, sued Adscend Media claiming that they were defacto spamming Facebook with “likes.”  This is a curious extension of the CAN-SPAM laws, because it claims that likes, even when generated by other users, are somehow regulated by CAN-SPAM. Adscend Media, however has responded that they [...]

It has been approximately two years since the Federal Trade Commission published its “Final Guides Governing Endorsements, Testimonials – Changes Affecting Testimonial Advertisements, Bloggers, and Celebrity Endorsements.”  As set forth in my recent article entitled “The One FTC Article You Must Read,” the Federal Trade Commission considers everyone in the advertising stream, including non-sellers, liable [...]

Did you know that Facebook “likes” could be illegal? Accordig to a federal judge, Lucy Koh, a lawsuit against Facebook is allowed to continue. The lawsuit claims that sponsored stories, where people like the stories are in violation of California’s Right of Publicity Statute, which says that permission must be given to  use a photo [...]

Congress is at it, again. The House Judiciary Committee is currently meeting to decide what the next steps are for SOPA. As an affiliate marketer, if you are not familiar with this pending legislation, you should do so ASAP. The intention of the bill is meant to help enforce intellectual property protections on the Internet.
As [...]

MoneyLife.com – Google finally acknowledges that when advertisers are seedy small businesses the publisher has greater responsibility in accepting such advertisements
Consumer groups have been complaining for years about proliferation of fraud ads on Google — and at least one organization has demanded that search engine giant donate its proceeds from the tainted ads to consumers [...]