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.
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FTC Cracks Down on Use of Endorsements in Advertising
According to a proposed Federal Trade Commission (“FTC”) consent order, a Nashville-based company selling guitar-lesson DVDs would pay a $250,000 civil penalty and would be required to disclose its relationship with online affiliate marketers who falsely posed as ordinary consumers or independent reviewers. The action is one of only a small few that the FTC…
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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…
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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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