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What to Do When Your Facebook Company Page Has Been Suspended

Social media has become an indispensable marketing tool for almost every business. Facebook has been increasingly embraced by the commercial community and a Facebook “company page” is a ubiquitous advertising medium through which businesses relay information about new products/services and gain new customers.  However, as many business owners are realizing, Facebook “company pages” may be […]

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All Parties in the Marketing Chain May Be Held Liable for TCPA Violations

As we previously reported, a merchant may be vicariously liable under the Telephone Consumer Protection Act (“TCPA”) if a plaintiff can demonstrate that the third party telemarketer or text message transmitter had “apparent authority” from the merchant to make the subject call or send the subject text message.  Recently, the United States Court of Appeals

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Warning: FTC’s “Operation Full Disclosure” Targets Over 60 TV and Print Advertisers for Alleged Deceptive Marketing

As part of its “Operation Full Disclosure,” the Federal Trade Commission (“FTC”) recently issued over sixty “warning” letters to companies involved in national television and print advertising, including twenty of the 100 largest advertisers in the country, for allegedly failing to make adequate disclosures in their ads. Operation Full Disclosure The FTC scrutinized a number of

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Court Rules Against Sirius XM – Liable for Use of pre-1972 Sound Recordings

#56437948 / gettyimages.com In what many industry insiders are declaring “historic,” on September 22, 2014, the United States District Court for the Central District of California ruled that Sirius XM Radio, Inc. (“Sirius”) is liable to Flo & Eddie Inc. (“F&E”) for publicly performing 15 separate pre-1972 sound recordings owned by F&E.  The ruling is

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Legal and Business Concerns of the Newly Minted Social Media Star

#136888792 / gettyimages.com Over the past few years, a new type of celebrity has emerged: the social media star.  These are individuals that have achieved a level of fame through various digital media outlets (i.e. YouTube, Instagram, Vine, Facebook, Twitter, personal blogs, etc.).  Social media stardom is a relatively new phenomenon that is quickly starting

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FTC Settles With Yelp and TinyCo for Alleged COPPA Violations

Yelp Inc. (“Yelp”) and TinyCo, Inc. (“TinyCo”) recently settled charges filed against them for alleged violations of the Children’s Online Privacy Protection Rule (COPPA) and the Federal Trade Commission (“FTC”) Act.  The FTC alleged that both companies failed to obtain verifiable parental consent before collecting, using or disclosing personal information about children under the age

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FCC Provides Guidance for SDR Manufacturers

#114266316 / gettyimages.com On July 17, 2014, the Federal Communications Commission (“FCC”) released its much anticipated Software Defined Radio Application Guide (the “Guide”).  Since 2005, as software defined radios (“SDRs”) began to increase in popularity, the FCC has only provided partial guidance on the SDR approval process.  However, with the release of the Guide, radio

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Debt Collector that Allegedly Called Wrong Numbers Settles Multi-Million Dollar TCPA Class Action

A debt collection company recently entered into a settlement agreement in the putative class action captioned Jonsson v. USCB, Inc. (C.D. Cal.)(Case No. 13-CV-8166), involving allegations that it violated the Telephone Consumer Protection Act (“TCPA”) and the Fair Debt Collection Practices Act by calling the named plaintiff and thousands of class members using an autodialer

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