The legal status of many membership programs promoted via social media and spam has been called into question by a recent decision of the U.S. Court of Appeals for the Ninth Circuit, which affirmed a judgment that one such...more
For many, the announcement two weeks ago that the Federal Trade Commission has commenced a formal investigation into Herbalife was not terribly interesting. After all, nutritional supplement company Herbalife has been the...more
The Consumer Law Reform Bill will introduce a prohibition on making unsubstantiated claims into the Fair Trading Act. In practice, this means that all claims about your products (that a reasonable person would expect to be...more
Advertising claims that are deceptive or misleading often draw the ire of the Federal Trade Commission. That’s why avoiding the use of potentially misleading or deceptive adverting is advisable.
Of course, what seems...more
The Federal Trade Commission (FTC) issued a report in March 2012 setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their...more
Image is everything, as they say, or at least a crucial first impression. That’s why businesses, even those that have been around for many years, must remain constantly vigilant of how others, especially customers and...more
It’s been said that people do business with people they like and trust. Not with computers or apps or processes they like and trust.
Technology has been a market-mover for many businesses, making companies...more
Brief detailing the origin of many class actions brought under the Telephone Consumer Protection Act, and in support of motion to dismiss case for lack of subject matter jurisdiction based on tender of Offer of Judgment to...more
The undeniable benefits of word of mouth and viral marketing via blogs, Twitter, Facebook and other social media platforms have radically changed the marketing landscape. In an effort to stay current with the way in which...more
The Telephone Consumer Protection Act regulates certain forms of direct marketing - including phone, fax, SMS and MMS. It provides for statutory damages of either $500 or $1,500 per violation, depending on whether the...more
An overview of the TCPA and its application to SMS and MMS technologies. The article discuses best practices for use of mobile technology in the healthcare industry....more
Several recent decisions have held that the proscriptions of the Telephone Consumer Protection Act (TCPA) apply to calls made to mobile phones. Although the TCPA was passed in 1991 and therefore does not speak directly to...more
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