Two new privacy measures are likely to impact organizations that collect information about their customers online. Read more.
March 2, 2012
The Federal Communications Commission has issued an order requiring telemarketers to obtain prior written consent from consumers before distributing prerecorded telemarketing messages via autodialer to cell phones or residential landlines. Besides exceptions noted here, the order applies regardless of whether there is an existing business relationship between the marketer and the consumer, and will go into effect 12 months after formal publication of the approved rule in the Federal Register. Read more.
February 27, 2012
The Federal Trade Commission issued a staff report yesterday that says makers of mobile apps directed at children, the app stores that sell them, and certain third parties providing services within apps (e.g., advertisers), are not providing the information that parents need to understand what data the apps collect and how that data is handled. Read more.
February 17, 2012
In the last several weeks, plaintiffs’ lawyers have filed a number of class action lawsuits against businesses for allegedly violating California’s “Shine the Light” privacy law (the “Law”). According to one report, targets include nearly a dozen publishers, including Men’s Journal, Reader’s Digest, and CBS Interactive. The complaints allege that each business failed to comply with its obligations under the Law by not providing California customers with a method for obtaining a disclosure regarding how they share information. Read more.
February 15, 2012
The Federal Trade Commission recently warned the marketers of several mobile apps that they may be violating the Fair Credit Reporting Act. Each of the apps at issue include background screening functionality. Read more.
February 7, 2012
The use of someone without permission in entertainment can trigger a lawsuit for "commercial appropriation of likeness." And so it was recently when "Jimmy Kimmel Live" created a video mocking a 2010 "business meeting" between basketball star LeBron James and a rabbi. Read more.
February 1, 2012
There are new wage and hour paperwork requirements for private-sector employers in New York and California. Here’s a brief rundown of what you need to do to comply. Read more.
New York.
January 26, 2012
Last week, the Federal Trade Commission and the Consumer Financial Protection Bureau entered into a memorandum of understanding in order to outline how the two agencies will share responsibility for protecting consumers in the financial products and services sector. Read more.
January 24, 2012
Last week, the Federal Trade Commission announced that CVS Caremark Corporation will pay $5 million to settle claims that it misrepresented the actual prices of certain Medicare drugs. Read more.
January 19, 2012
The Federal Trade Commission recently closed its investigation of Hyundai Motor America’s alleged violation of Section 5 of the FTC Act (15 U.S.C. § 45) in connection with a blogging campaign conducted to spark interest in Hyundai’s Super Bowl XLV ads. Read more.
December 21, 2011
The Federal Trade Commission announced yesterday that Facebook has settled charges that it deceived consumers by making false privacy assurances, and then repeatedly allowing consumer information to be shared and made public. The settlement serves as a timely reminder that companies must abide by their own statements regarding how personal information is used and shared. Read more.
November 30, 2011
This week the U.S. Department of Transportation announced that Spirit Airlines will pay $50,000 to settle allegations that it failed to comply with DOT’s full-fare advertising rules when it tweeted about airfares without disclosing material information about the fares in the tweets themselves. Read more.
November 23, 2011
Established companies, startups, and solitary programmers alike are rushing to produce Apps for handheld devices such as mobile phones and tablets. Read more.
November 18, 2011
The Council of Better Business Bureaus has announced the first six compliance agreements with online behavioral marketers under the self-regulatory regime of its "Online Interest-Based Advertising Accountability Program". Beginning in August, the program began testing the functionality, usability, and duration of consumer-choice mechanisms offered by a number of companies. Read more.
November 14, 2011
In response to a challenge brought by 1800-Contacts, Inc., the National Advertising Division of the Council of Better Business Bureaus has reviewed advertising claims made by Coastal Contacts, Inc., through a Facebook promotion offering "free" products to consumers who "Liked" its Facebook page. Read more.
November 10, 2011
The Federal Trade Commission's proposed settlement with the online advertiser ScanScout, announced yesterday, offers a timely reminder of the importance of ensuring that your company's stated privacy practices align with how your company actually collects and uses information. Read more.
November 9, 2011
News that the Republican presidential candidate Herman Cain once settled charges of sexual harassment has once again placed this complicated issue in the public eye. Read more.
November 8, 2011
Today advertisers are not only mastering the art of speaking through social media channels, they are also exploring ways to listen and learn. But while "social listening" or "social media monitoring" can yield valuable market data, these practices also raise privacy and ethical concerns. Read more.
November 3, 2011
California Attorney General Kamala D. Harris filed a complaint against three companies Wednesday for allegedly making false and misleading claims about their plastic water bottles' recyclability and biodegradability. Read more.
October 31, 2011
Recently dot xxx (.xxx) was approved as a top-level domain by the Internet Corporation for Assigned Names and Numbers (ICANN). The .xxx domain is intended for use by members of the adult entertainment industry. Read more.
October 24, 2011
If you are an author, musician, artist, or other creator of intellectual property (or the heir to such a person), it’s a good time to learn whether you are taking full advantage of your ability to "recapture" certain grants of rights made years ago. While everyone’s business deals are different, we urge you to consider the quick summary below: you may have untapped sources of valuable intellectual property. Read more.
October 21, 2011
As part of the Federal Trade Commission's ("FTC") systematic review of its rules and guides, the FTC has announced that it intends to retain the "Mail or Telephone Order Merchandise Rule", but with certain proposed amendments in order to keep up with current technology and business practices. Read more.
October 18, 2011
The Federal Trade Commission recently implemented revisions to the "Children’s Online Privacy Protection Act" that will cover social media, mobile devices, and other technologies that not taken into account at the time the original rule was enacted. Read more.
September 30, 2011
The Federal Trade Commission announced today that Reebok International Ltd. will pay $25,000,000 to settle FTC charges that it deceptively advertised its "toning shoes." Reebok’s ads claimed the shoes would provide extra tone and strength to leg and buttock muscles. Read more.
September 29, 2011
Last week, the Distilled Spirits Council of the United States issued new self-regulatory guidelines governing online marketing practices. The new guidelines, which are effective September 30th, apply to marketing on social media sites and other digital communications platforms, including websites, blogs, and mobile communications and applications. Read more.
September 26, 2011
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