New Jersey Enters into Million Dollar Settlement with New York Internet Advertising Company Over Unauthorized Use of Cookies

On July 23, 2013, New York digital media company, PulsePoint, Inc. (“PulsePoint”), and the New Jersey Attorney General entered into a Consent Order following an investigation by the NJ Office of Consumer Protection into whether PulsePoint violated its Consumer Fraud Act in connection with its use of cookies and online advertisement services provided to New …

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FTC Bans Prominent Marketer of Business Opportunities

The Federal Trade Commission (FTC) has banned work-at-home marketer Christopher Andrew Sterling from marketing and selling his prominent business opportunity software, which promised consumers the prospect of staying at home, making their own schedule and making thousands of dollars in income.  In addition to the bar on Sterling’s future activities, a $70,000 judgment was imposed …

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Bank of America Sued in Putative Class Action Lawsuit for Alleged TCPA Violations

On June 20, 2013, Bank of America (“BOA”) was sued for allegedly violating the Telephone Consumer Protection Act (“TCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”). Factual Allegations According to the Class Action Complaint, the background of this action is premised on a separate action between the parties.  The plaintiff, Marc Katz (“Katz”), had …

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FTC Bans Prominent Marketer of Business Opportunities

The Federal Trade Commission (FTC) has banned work-at-home marketer Christopher Andrew Sterling from marketing and selling his prominent business opportunity software, which promised consumers the prospect of staying at home, making their own schedule and making thousands of dollars in income.  In addition to the bar on Sterling’s future activities, a $70,000 judgment was imposed …

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Is Information such as WHO you called on your mobile telephone, WHEN You Spoke and WHERE You Were When you Had the Call . . . PRIVATE? The FCC’s Recent CPNI Ruling Seeks to Ensure That It Is.

Mobile telephones seemingly can store everything nowadays.  Consumers generally assume that this information is protected – safe from the hands of third party advertisers, service providers, etc. In fact, Section 222 of the Telecommunications Act of 1934, as amended (the “Act”), establishes a duty on every telecommunications carrier to “protect the confidentiality of proprietary information …

Is Information such as WHO you called on your mobile telephone, WHEN You Spoke and WHERE You Were When you Had the Call . . . PRIVATE? The FCC’s Recent CPNI Ruling Seeks to Ensure That It Is. Read More »