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 […]
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
FTC Bans Prominent Marketer of Business Opportunities Read More »
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
Bank of America Sued in Putative Class Action Lawsuit for Alleged TCPA Violations Read More »
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
FTC Bans Prominent Marketer of Business Opportunities Read More »
The United States District Court for the District of Utah recently found that the use of remote images in lieu of actual statutorily required text in the body of an email violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”). The Court relied heavily on both the Internet Engineering Task Force’s
Remote Images May Violate the CAN-SPAM Act Read More »
Section 2257 Background Federal District Court Judge Michael M. Baylson issued a ruling today in connection with a case challenging certain recent changes to the provisions of 18 U.S.C. 2257 (“Section 2257”). By way of background, Section 2257 sets forth the requirements for age verification, record keeping and public reporting of information relating to persons
Ruling Issued in Section 2257 Case Read More »
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
Readers of this blog should be aware that the Federal Communications Commission (“FCC”) has approved amendments to the Telephone Consumer Protection Act (“TCPA”), which will go into effect on October 16, 2013. The TCPA amendments require telemarketers to obtain prior express written consent from consumers before placing or sending autodialed and/or pre-recorded marketing calls/texts to
Will the New TCPA Amendments Apply Only to Cell Phones? Read More »