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Legal Challenges

Draft Do-Not-Track Compliance Standard Published

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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 »

FCC TCPA Rules May Compound Lawsuit Abuse

Spam Lawsuit

As recently written about here, FCC Chairman Wheeler recently announced a proposal to address backlogged petitions seeking clarity regarding the scope of the requirements under the U.S. Telephone Consumer Protection Act (“TCPA”).  The FCC has now adopted heavily-debated changes to the TCPA rules designed to strengthen consumer protections. Subject to the official release, the changes cover the definition of autodialer, re-assigned numbers, revocation of consent, ... Read More »

Belgian Government Goes at Facebook

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In the latest legal trouble for tech giants in the EU, Facebook is facing investigations and now a lawsuit from the Belgian Privacy Authority.  They are alleging that the practice of cookie-based tracking for non-Facebook European users through social buttons or plug-ins is violating their privacy.  There are other complaints as well cited in the suit. The litigation that is ... Read More »

FTC Targets Social Media Marketers with Guidelines

The FTC Building

The Federal Trade Commission (FTC) has just announced a significant update to their FAQ page regarding the endorsement requirements, and it appears to be focused on how people are using social media for marketing.  This is the first update they have made since 2010, and many expect them to begin cracking down on social media marketers who aren’t in full ... Read More »

TCPA Update: Alabama Court Clarifies Dual Purpose Calls

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The Southern District of Alabama recently clarified that the treatment of offers for free goods and services is the same whether the call is made to a wireless number or a residential number and illustrated how a call offering free goods or services can become a “dual purpose” call. Bennett v. Boyd Biloxi, LLC (S.D. Ala. May 6, 2015). In ... Read More »

Ad Scheme Lands Anthony Renfrow in Jail

Anthony Renfrow of Sacramento, California

Anthony Renfrow has pleaded guilty in a California court to one count of conspiracy to commit wire fraud.  During the plea he admitted to making claims to attempt to convince people to pay to become what he called ‘autosurf investors.’  He said he  knew the claims were fraudulent. The issue is related to the site 14DailyPlus.com in which investors paid ... Read More »

FCC Chairman Circulates Proposal to Address Open TCPA Petitions

The FTC Building

FCC Chairman Wheeler has announced that he is circulating a proposal to address more than twenty backlogged petitions seeking clarity regarding the scope of the requirements under the U.S. Telephone Consumer Protection Act (“TCPA”).  He authored a blog post on the proposal. As part of the Chairman’s proposal, the FCC would issue the following rulings: 1.  Consumers can revoke their consent ... Read More »

Clef two-factor authentication