SPECIAL NEWS ALERT: The Restore Online Shoppers’ Confidence Act

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On May 19, 2010, Senator Rockefeller's Commerce Committee released its long-awaited proposed legislation regarding post-transaction marketing online. The legislation, titled the "Restore Online Shoppers’ Confidence Act," was brought following an investigation and hearings by the Committee concerning the online marketing practices of three membership clubs, Affinion, Vertrue, and Webloyalty, which engaged in post-transaction marketing of their membership club services on numerous online retail sites.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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