The case is FTC v. BlueHippo Funding, LLC, No. 11-374-cv (2d Cir. Aug. 12, 2014). It involves an appeal of the damages component of a 2010 order by the U.S. District Court for the Southern District of New York that granted, in part, the Federal Trade Commission’s (“FTC”) Motion for Contempt against Blue Hippo for … Read more
The Federal Trade Commission continues to push its “privacy by design” consumer protection policy as “big data” remains in the national spotlight. “Big data” is used to refer to advancing technologies that are dramatically expanding the commercial collection, analysis, use, and storage of data. The FTC was among parties that recently weighed in on big … Read more
In a report issued today, the Federal Trade Commission staff recommends steps that mobile carriers and other companies should take to prevent consumers from being stuck with unauthorized charges on their mobile phone bills, an unlawful practice known as mobile cramming. The report focuses on the multi-billion dollar business known as carrier billing, which refers … Read more
The Illinois Attorney General yesterday filed lawsuits targeting what it alleges to be student loan debt scams that purportedly seek to exploit people struggling to repay their debt. The lawsuits are the first in the nation to crack down on an emerging industry of alleged scam operations charging upfront fees for services or for government services that may already be free of charge. … Read more
The Federal Trade Commission has added new charges of mobile cramming to a complaint that it previously filed against a group of marketers that allegedly sent millions of unwanted text messages and robocalls to consumers. You can see the complaint, here. The Amended Complaint adds the mobile cramming charges to the Commission’s original complaint allegations … Read more
Regulatory sweeps in the digital marketing industry are inevitable. The following is specifically meant to address a few things that you should know if you are the unfortunate subject of an enforcement action initiated by the Federal Trade Commission (the “Commission”) relating to allegations of deceptive advertising. “Kick-off” usually takes the form of your business being ransacked, … Read more
Earlier this month, the U.S. District Court for the Northern District of California held that clear evidence that a consumer could not have completed an online transaction without checking a box accepting the terms and conditions was sufficient to constitute notice and acceptance of the forum selection clause contained within. Moretti v. Hertz Corp., No. … Read more
In what is widely considered to be one of the most restrictive laws on the planet dealing with commercial electronic messages, most of Canada’s long-awaited anti-spam legislation will take effect on July 1, 2014 (“CASL”). CASL regulates all commercial electronic messages that are sent or accessed by computer systems located within Canada. Therefore, covered businesses … Read more
A federal court judge has recently ruled that a good faith belief that consent existed might be a complete defense to a Telephone Consumer Protection Act (“TCPA”) lawsuit. In Chyba v. First Financial Asset Management, Inc., the plaintiff filed her TCPA complaint after receiving a handful of telephone calls to her cellular phone from a collection agency (the … Read more
Earlier this year, the California State Senate passed an amendment to the California Online Privacy Protection Act (“CalOPPA”). Effective January 1, 2014, website operators are required to disclose through their privacy statements how they respond to Do-Not-Track signals and whether other parties may collect personally identifiable information about a consumer’s online activities over time and across different … Read more
Last year, I highlighted some of the risks involved with relying upon standard industry business contracts. You can see that article here. The designation of a particular forum for disputes is one of many critical considerations. This issue must be addressed explicitly, following an analysis that considers the totality of the circumstances. A recent decision … Read more
Following a lengthy investigation and enforcement process, the New York Attorney General announced this week that nineteen companies, including SEO companies and their clientele, have agreed to cease writing false online reviews and will pay penalties ranging from $2,500 to $100,000 as part of a crackdown on the online reputation management industry. The practice of … Read more
An agreement requiring Facebook Inc. to pay $20 million and amend its terms of service to give users more control over use of their names and likenesses as part of its “Sponsored Stories” advertising program was approval on Monday by the U.S. District Court for the Northern District of California. The Sponsored Stories feature combined … Read more
The Telephone Consumer Protection Act of 1991 (“TCPA” or the “Act”) was enacted principally to bolster consumer privacy by addressing issues such as unsolicited facsimiles, pre-recorded telemarketing calls to residences, and autodialed and pre-recorded calls to cellular telephones. The Act established rules regarding the types of consent required to make specific types of telephone calls. … Read more