Spam

News & Analysis as of

Federal Court Serves Up Big Win for Email Marketers in Spam Lawsuit

A recent decision in Silverstein v Keynetics, Inc. et al, by a federal judge in the Northern District of California has provided a glimmer of hope to email marketers that the seemingly limitless reach of California’s...more

CASL compliance undertakings continue to mount

Another company that is well-known to consumers has agreed to enter into a compliance undertaking with the CRTC for alleged CASL violations.  Kellogg Canada Inc. has paid a monetary penalty of $60,000 and undertaken to enter...more

Office of the Privacy Commissioner of Canada discusses its investigation against Compu-Finder

The Office of the Privacy Commissioner of Canada (OPC) recently hosted a knowledge session to stakeholders to discuss its recent investigation against Compu-Finder. This was the first investigation by the OPC involving the...more

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

FBI reports $3.1 billion lost by businesses through “business email compromise”

Wire fraud crime has long been a problem for financial institutions and banks. However, wire fraud through email is a completely different beast. Originally characterized by law enforcement as an extension of traditional wire...more

Social Links: The ramifications of Microsoft’s LinkedIn purchase; the brands using Snapchat; lawyers’ social media use

Lots of press surrounding Microsoft’s purchase of LinkedIn: Will LinkedIn change as a result? Will the Microsoft purchase inspire a Twitter acquisition? “Spam King” gets 30 months in jail for sending 27 million messages....more

Trump campaign sued for sending spam texts in violation of TCPA

Donald J. Trump for President, Inc., which is the official campaign committee for candidate Donald Trump, was named in a putative class action case on April 25, 2016, for sending unwanted text messages to individuals. The...more

U.S. Companies May Risk Liability Under Canadian Anti-Spam Law

U.S. companies may soon risk litigation for failing to comply with the provisions of Canada’s anti-spam law (CASL) in their electronic communications to Canadian consumers. While this anti-spam law has been in force since...more

Experian handling 70 breaches a week resulting from IRS phishing scam

On March 1, 2016, the Internal Revenue Service alerted the business community of an e-mail phishing scheme designed to convince employees to provide company-wide W-2 tax forms containing social security numbers and other...more

FTC signs MOU with Canada on Do Not Call and anti-spam enforcement activities

In a sign of increased cross-border cooperation for enforcement purposes, the Federal Trade Commission (FTC) recently signed a Memorandum of Understanding (MOU) with the Canadian Radio-television and Telecommunications...more

CRTC enters into MOU with FTC on spam and unlawful telemarketing

As we have noted in previous posts, the Canadian Radio-television and Telecommunications Commission (CRTC) has repeatedly highlighted its work with its international counterparts to combat spam and unlawful telemarketing,...more

CASL Enforcement (Part 2)

As reviewed in Part 1, since July 1, 2014, Canada’s Anti-Spam Law (or CASL) has been in effect, and the software-related provisions have been in force since January 15, 2015. In January, 2016, the Canadian Radio-television...more

Diet Pill Company Sale Slash to Pay $43 Million in Settlement with FTC Over Spam Email and Fake Celebrity Endorsements

On February 2, 2016, the FTC settled claims against Sale Slash LLC regarding the marketing of its weight loss pills, including Premium Green Coffee, Pure Garcinia Cambogia, Premium White Kidney Bean Extract, Pure Forskolin...more

CASL Enforcement (Part 1)

Since July 1, 2014, Canada’s Anti-Spam Law (or CASL) has been in effect, and the software-related rules have been in force since January 15, 2015. With the benefit of hindsight, we can see a few patterns emerge from the...more

Legal Trends 2016

While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016. Please see full publication below for more information....more

Will The Floodgates Open As Consumer Backlash To Spam Unleashes?

Every e-mail user receives them, some days in numbers hitting the triple digit mark – those targeted, often annoying and unsolicited e-mails that clog our inboxes, originating from any of a multitude of establishments,...more

Unsubscribe Problems Nets Telecommunications Provider Under Anti-spam Law

November 20, 2015 the CRTC announced that Rogers Media Inc had paid $200,000 as part of an undertaking to resolve alleged violations of Canada’s anti-spam legislation (CASL)....more

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more

Scam Spammers Use IM Apps to Pump & Dump

In a September 2 Alert, FINRA warns that scammers are using messaging app spam-casts to impersonate brokers and tout micro-cap stocks to “pump” their prices, before “dumping” their positions at the top and leaving investors...more

FBI warns of continued use of Cryptowall ransomware schemes

The FBI’s Internet Crime Complaint Center recently issued an alert “Criminals Continue to Defraud and Extort Funds from Victims Using Cryptowall Ransomware Schemes” that indicates that the Center continues to receive...more

FCC Adopts Declaratory Ruling On TCPA Regulations To Loosen Restrictions On Some Types of Robocalls

On June 18, 2015 the Federal Communications Commission (FCC) adopted a set of declaratory rulings related to robocalls and spam text messages under the Telephone Consumer Protection Act (TCPA). ...more

Porter Airlines Pays $150,000 under Canada’s Anti-Spam Law

On June 29, 2015, the CRTC announced that Porter Airlines Inc had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada’s Anti-Spam Law (CASL). CASL requires consent to send...more

Privacy law and anti-spam: Guidance from the Office of the Privacy Commissioner of Canada

Recent enforcement under Canada’s anti-spam legislation (CASL) by the Canadian Radio-Television and Telecommunications Commission (CRTC) is keeping the spotlight on this new legislation, which came into force just last year....more

Spam emails sent from fridge in botnet attack

The Internet of Things allows consumers to program and monitor all sorts of equipment, devices and appliances, including smart meters, ovens, TVs and refrigerators. It is well known that most of these devices that are...more

Defending Enforcement Under CASL: Compliance with Informational Formalities

In 2014, the anti-spam provisions of Canada’s Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. CASL prohibits a person from sending or causing or permitting to be...more

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