The Supreme Court of Nebraska recently joined an increasing rank of courts across the country that require more than the simple operation of a commercially interactive website to assert jurisdiction over a defendant. Since the dawn of the Internet age and the explosion of online businesses, courts have struggled with the question of precisely when […]
Establishing Jurisdiction Over Internet Companies Read More »
As we detailed in a post from December 2012, the Federal Trade Commission (FTC) adopted final amendments to its Children’s Online Privacy Protection Rule (COPPA), which will go into effect on July 1, 2013. The amended rule will affect websites and mobile applications (apps) that collect or use information submitted by children under the age
FTC Warns Businesses About Forthcoming COPPA Amendments Read More »
Robocalls Robocalls are telephone calls that use both a computerized auto-dialer and a computer-delivered pre-recorded message. Robocalls tend to receive a heightened level of scrutiny under various state and federal telemarketing laws – and that scrutiny is expected to increase when new Telephone Consumer Protection Act (“TCPA”) rules take effect on October 16, 2013. Regulatory
FTC Settles with Service Provider over Robocall Violations Read More »
As detailed on this blog, the Food and Drug Administration (“FDA”) previously gave notice that it would publish its long-awaited electronic cigarette (“e-cig”) regulations in April 2013. In accordance with these representations, we have closely monitored all FDA outlets for news of the proposed regulations. At the end of April, we were disappointed to learn
Lawmakers Pressure E-Cig Regulations Read More »
Judging from the ten warning letters mailed to data brokers this week and the six we detailed last month, it is clear that the Federal Trade Commission (FTC) is taking violations of the Fair Credit Reporting Act (FCRA) very seriously. These warning letters come on the heels of the FTC’s decision in December of last year to
FTC Issues Warning Letters to Data Brokers Read More »
The most popular multilevel marketing (“MLM”) companies and brands have attained near-cultural icon status: Amway, Herbalife, Mary Kay, and Shaklee. Many Americans are familiar with these brands, as well as some of the lesser-known variations that might have been introduced by an overzealous acquaintance, through an infomercial, or via the Internet. The popularity of the
Multilevel Marketing: How to Avoid Building the Pyramid Read More »
Class action complaints alleging violations of the Telephone Consumer Protection Act (“TCPA”) are on the rise. This is particularly true with respect to short message service (“SMS”) or text message marketing. The TCPA is a “strict liability” statute. This means that a violation of the TCPA imposes liability on the offender regardless of intent. Many
Service Providers May Not Be Liable for Some TCPA Violations Read More »
A case the Federal Trade Commission (“FTC”) has been investigating for more than two (2) years was settled last month. For several years, the FTC received numerous complaints that prepaid phone cards sold by DR Phone Communications, Inc., also doing business as drphonecom.com (“DR Phone”), contained far fewer long distance phone minutes than were advertised.
FTC Settles Case Against Prepaid Phone Cards Read More »
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