The Federal Trade Commission (“FTC”) recently entered into a court-approved settlement agreement with Jason Q. Cruz, individually and doing business as Appidemic, Inc., who was accused of transmitting unsolicited commercial text messages offering consumers free merchandise, including $1,000 gift cards to large retailers and iPads. According to the FTC, none of the merchandise actually was […]
Alleged Text Message Spammer Settles with FTC Read More »
In 2008, Bryon Wolf and Roy Eliasson settled deceptive marketing charges filed against them and their company, Suntasisa Marketing, Inc., by the Federal Trade Commission (FTC). Mr. Wolf and Mr. Eliasson were ordered to pay $11 million dollars for deceptively marketing their products in violation the Federal Trade Commission Act. As part of the settlement,
On May 9, 2013, the Federal Communications Commission (“FCC”) issued a declaratory ruling which found that Dish Network, LLC may be held vicariously liable for a third-party marketer’s violations of the Telephone Consumer Protection Act of 1991 (“TCPA”). Last year we told you that the FCC ruled that sellers “may be held vicariously liable” for the
FCC Holding of Vicarious Liability under TCPA Stands Read More »
The first Affordable Care Act-related action has been filed by the Federal Trade Commission (“FTC”) against an email marketer and its owner for allegedly violating the CAN-SPAM Act and FTC Act for sending unsolicited commercial email messages to consumers. The Complaint was filed in Florida federal court and alleges that the purpose of the email
FTC Begins Cracking Down on Phony Affordable Care Act Marketing Read More »
In March of 2013, we wrote about Iowa’s attempt to pass legislation that would legalize and regulate fantasy sports gambling within its borders. Despite gaining early traction in the legislative subcommittees to which it was assigned, the proposed Iowa fantasy sports bill died before it could reach the House floor for a vote. However, a
Iowa Fantasy Sports Bill Gets a Second Chance Read More »
In April, 2013, we distinguished the difference between multilevel marketing (“MLM”) and a pyramid scheme. (See Multi-Level Marketing Programs Vs. Pyramid Schemes). Two days ago, United States Senator Edward J. Markey of Massachusetts sent separate letters to the Federal Trade Commission (“FTC”) and the United States Securities and Exchange Commission (“SEC”) urging them to investigate
United States Senator Seeks Investigation into Alleged Pyramid Scheme Read More »
As many of our readers already know, California’s new data privacy law went into effect earlier this month on January 1, 2014. The law places strict requirements on operators of websites and other online services that collect certain information about California residents. In addition to addressing other aspects of collecting personally identifiable information (“PII”) from
Does California’s Strict New Internet Data Privacy Law Apply to You? Read More »
Hot on the heels of a win in California federal court, the San Francisco City Attorney has teamed up with the New York State Attorney General in its investigation of Monster Beverage Corporation (“Monster”) for deceptive marketing and sales practices targeting children and adolescents. While in the midst of settlement negotiations with the San Francisco