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Legal Challenges

EU Filing Charges Against Google

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Regulators in the European Union have decided that they are going to be filing charges against Google.  The charges, which are related to a five year antitrust investigation that is ongoing, will be based around the apparent abuse of their market position in the EU according to sources. They will be accused of violating the EU’s laws in this area. ... Read More »

Amazon Suing Fake Review Companies

Amazon going after companies who provide fake reviews

In addition to being the go-to place for online shopping, Amazon has also become a leader in online reviews.  With thousands of people posting millions of reviews, many shoppers come to Amazon to see what others have said about a product before they purchase it.  This is true even when they don’t end up purchasing it from Amazon.  Some of ... Read More »

Japanese Force Removal of Negative Reviews

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In a movement being popularly called the ‘right to be forgotten’ more and more individuals as well as companies are demanding that information written about them online is removed.  This is primarily impacting search engines, which are being asked to delist or remove different content, though it can also be directed directly at the sites hosting consent. A recent example ... Read More »

Clinical Garcinia Data May Increase Conversions

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It is no secret that dietary supplements, herbal remedies, patches, creams, wraps and products rubbed into the skin are high-profile.  Weight loss offers are among the most intensely scrutinized by local, state and federal regulators, including those for garcinia cambogia. Each website must be in substantial compliance based on the specific facts and nature of the advertising program.  There is ... Read More »

CoreLogic Ordered to Pay $16M from Deceptive Advertising

The FTC Building

LeadClick Media who closed their doors in 2011 and its parent company, CoreLogic, Inc (NYSE: CLGX) have been ordered to turn over $16 million in revenue that they received through a weight-loss marketing scam.  The marketing that was used was determined to be deceptive by the US district courts.  The court granted the FTC’s request for a summary judgment that ... Read More »

Revenge Porn King gets 18 Years in Prison

Revenge Creep Kevin Christopher Bollaert

So called ‘revenge porn’ sites are fairly popular today, sadly.  They offer a place where upset ex-husbands, boyfriends (mostly, though there are some that allow male images and videos) can upload pictures and videos of their former partners where the rest of the world can see them.  This, of course, is very upsetting to the victims, whose images are then ... Read More »

LeadsGate Fake Company, Fake People

LeadsGate is Catfishing For Money

As far as I remember off shore scammers have created fake companies in order to scam those into the US into doing business with them. In the Lead Generation space, it seems there are a growing amount of companies that buy old leads and resell them as new, or use cheap labor to fill out leads using proxies. The quality ... Read More »

FTC: Google Harmed Competing Sites

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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!

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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

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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

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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

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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 »

Clef two-factor authentication