Keys to Becoming a Successful Social Media Star

In an earlier blog post, we addressed some of the legal issues facing social media stars, such as paid endorsement disclosures and trademark infringement.  In addition to legal issues, there are also assorted practical business decisions that social media personalities must address in order to be successful.   One of the most basic skills that every […]

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AT&T Mobility Enters into $45 Million TCPA Settlement

On September 30, 2014, AT&T Mobility filed a proposed settlement agreement in a Montana federal court which will likely end a class-action lawsuit brought under the Telephone Consumer Protection Act (“TCPA”).  According to the proposed settlement agreement, AT&T Mobility will pay a whopping $45 million into a settlement fund, which will be used to pay

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International Telecom Providers: Failure to Obtain a Section 214 License May Result in Enormous Forfeitures

The Federal Communications Commission (“FCC”) recently sent a Notice of Apparent Liability for Forfeiture (the “Notice”) to PTT Phone Cards, Inc. d/b/a Star Pinless (“PTT”), proposing penalties of close to $500,000.00 for, among other things, PTT’s alleged failure to obtain International 214 authority before providing international telecommunications services. The Importance of Obtaining a Section 214

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FTC Targets Deceptive Marketing of Weight-Loss “Shapewear”

On September 29, 2014, the Federal Trade Commission (“FTC”) announced settlements with two separate marketers of women’s undergarments who claim that use of their products results in weight loss.  Specifically, both Norm Thompson Outfitters, Inc. and Wacoal America, Inc. have entered into settlement agreements with the FTC, requiring the companies to collectively pay some $1.5

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Facebook page suspended

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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