By: Linda L. Goodman In a case that has wide implications for how anti-spam laws are interpreted and used in court, e-mail marketers recently won a decisive victory when a judge ordered a trial on the issue of whether an […]
Turning a Biz Opp into a Coaching Program?
By: Linda L. Goodman With the new Biz Opp rule from the FTC, many Biz Opp marketers were advised to turn their Biz Opps into an educational product and coaching products. For those marketers, FTC v. IVY should be reviewed […]
How E-mail Affiliates Can Easily Comply With CAN-SPAM and California Law
By: Linda L. Goodman It is important to create an environment that is safe for advertisers and publishers to use the e-mail channel without fear of litigation. Ongoing Compliance is key to the success of the channel for all parties, […]
California Attorney General is Filing Suits on Mobile App Privacy Policy Violations
By: Linda L. Goodman The California Business and Professions Code Section 22575-22579 (“CalOPPA”) requires that “an operator of a commercial website or online service that collects personally identifiable information (“PII”) through the Internet about individual consumers residing in California who […]
FTC Enforcement isn’t a Matter of ‘One and Done.’
By: Linda L. Goodman I can’t recall the number of times I have heard from industry players that they had “issues” with the FTC but those are done now. The fact of the matter is that the “FTC will take […]
The Better Business Bureau and the Digital Advertising Alliance begin Enforcement Procedures…Are You Ready?
By: Linda L. Goodman Remember the Digital Advertising Alliance (“DAA”), a self-regulatory body that develops industry best practices and effective solutions for consumer choice in online behavioral advertising (“OBA”)? I hope you looked at their site because they just announced […]
Federal Trade Commission Goes After “Risk Free” Negative Option Offers and Demands $450,000,000.00 From a Canada Based Advertiser and His Affiliates
By: Linda L. Goodman The U.S. Federal Trade Commission (“FTC”) is suing an internet entrepreneur from Canada over allegations he used deceptive business practices to take more than $450 million from customers since 2007. In a complaint filed in Seattle […]
Ever Heard Of The DAA? No – You Will Now
By: Linda L. Goodman The DAA Self-Regulatory Program for Online Behavioral Advertising was launched in 2010 by the Digital Advertising Alliance (“DAA”), by a group of the largest media and marketing associations operating throughout the United States, and includes, among […]
Alert – “Restore Online Shoppers Confidence Act” – New Bill Introduced will Make the CAN-SPAM Act Seem Like a Minor Inconvenience
By: Linda L. Goodman Senator Rockefeller has introduced a new bill entitled ‘‘Restore Online Shoppers’ Confidence Act.’’ This bill follows a new Commerce Committee Staff Report, the second of two which claimed to demonstrate that some of the largest players […]
So What Is “Clear and Conspicuous” Under the Federal Trade Commission Regulations and Guidelines?
By: Linda L. Goodman Nearly every article I have read recently and every compliance memorandum you receive from an attorney states, “this disclaimer must be clear and conspicuous”. So what does that mean? In the broadest sense, it means whatever […]