Putting the Positive in Negative Option Billing

With a name like “negative option billing” it should come as no surprise that this practice has received a lot of negative attention lately from the Federal Trade Commission (“FTC”), various state attorneys general and other regulatory bodies. Despite this trend, marketers and consumers alike have found this billing method to be a convenient and …

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Legal Issues Associated with Database Marketing

Customer databases are often not used to their fullest potential. Most companies are not aware of all of the ways that the information that they have collected from consumers can be used to increase or create revenue. Those that are aware of the ways that they can market to and monetize their databases are often …

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Going All-In: Is Internet Poker the Next Big Marketing Jackpot?

As the last days of 2011 came to a close, the Department of Justice issued a bombshell opinion changing its longstanding interpretation of the Wire Act of 1961 (“Wire Act”) that paved the way for the legalization of Internet poker in the United States. While industry insiders and players across the country had hoped for …

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How to Avoid Potential Legal Pitfalls with the Daily Deal Business Model

The “daily deal” business model, which is most closely associated with industry leaders Groupon and LivingSocial, offers a unique means for businesses to attract customers, while generating revenue for the deal site proprietors themselves. The appeal of such a model is as basic as it is compelling: consumers are more easily attracted to retail establishments …

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Affiliate Networks: Death by Patent Infringement?

Is a patent infringement lawsuit in your future? While litigation has become all too common in the industry, very few companies consider patent infringement to be a prospective topic of litigation. For affiliate networks, times certainly have changed. A previously relatively unknown company by the name of Essociate Inc. (“Essociate”) recently became known through a …

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