Marketing & Advertising
The Internet connects marketers to customers across the country and around the world. The general principles of advertising law apply online, regardless of the existence of space constrained screens and social media platforms. The FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing, and sale.
California Court of Appeal Holds That The CAN-SPAM Act Does Not Preempt E-Mail Service Provider’s California State Law Claims
A significant decision was published last week by the California Court of Appeal, Second District on the issue of whether CAN-SPAM preempts California’s anti-spam statute (Hypertouch Inc. v. ValueClick Inc., Cal. Ct. App., 2d Dist., Jan. 18, 2001). Hypertouch, Inc., an e-mail service provider claimed that that online marketer ValueClick, Inc. violated the statute which prohibits…
Read Article...What Will Be The Most Significant Aspects of the Government’s Proposed “Privacy Bill of Rights” Framework for Commercial Activities
This year, the Obama administration is expected finalize the blueprint for a new U.S. privacy “framework” governing business practices that involve the collection, use, and sharing of consumers’ personal data online. The plan is expected to guide federal policymakers as they struggle with the challenge of protecting consumers’ privacy in the Internet age. In December 2010, the Department of…
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