Over the past several months, the Federal Trade Commission (FTC) has been aggressively pursuing individuals and entities that it believes violated the FTC Act and the Amended Telemarketing Sales Rule (ATSR).  On Tuesday, the FTC filed a complaint in the U.S. District Court for the Northern District of Illinois against 9 defendants: Acquinity Interactive, LLC;…

Internet Poker Website Wins Approval in Nevada For the first time in the history of Nevada’s legalized Internet poker regime, a website won final approval from the Nevada Gaming Commission to continue its operations.  The website, Ultimate Poker, was launched by Ultimate Gaming for the mandatory testing phase on April 30, 2013, and the positive…

On July 23, 2013, New York digital media company, PulsePoint, Inc. (“PulsePoint”), and the New Jersey Attorney General entered into a Consent Order following an investigation by the NJ Office of Consumer Protection into whether PulsePoint violated its Consumer Fraud Act in connection with its use of cookies and online advertisement services provided to New…

The Federal Trade Commission (FTC) has banned work-at-home marketer Christopher Andrew Sterling from marketing and selling his prominent business opportunity software, which promised consumers the prospect of staying at home, making their own schedule and making thousands of dollars in income.  In addition to the bar on Sterling’s future activities, a $70,000 judgment was imposed…

On June 20, 2013, Bank of America (“BOA”) was sued for allegedly violating the Telephone Consumer Protection Act (“TCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”). Factual Allegations According to the Class Action Complaint, the background of this action is premised on a separate action between the parties.  The plaintiff, Marc Katz (“Katz”), had…

The Federal Trade Commission (FTC) has banned work-at-home marketer Christopher Andrew Sterling from marketing and selling his prominent business opportunity software, which promised consumers the prospect of staying at home, making their own schedule and making thousands of dollars in income.  In addition to the bar on Sterling’s future activities, a $70,000 judgment was imposed…

The United States District Court for the District of Utah recently found that the use of remote images in lieu of actual statutorily required text in the body of an email violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”).  The Court relied heavily on both the Internet Engineering Task Force’s…

Section 2257 Background Federal District Court Judge Michael M. Baylson issued a ruling today in connection with a case challenging certain recent changes to the provisions of 18 U.S.C. 2257 (“Section 2257”).  By way of background, Section 2257 sets forth the requirements for age verification, record keeping and public reporting of information relating to persons…

The Rise of the LLC The limited liability company (commonly referred to as an “LLC”) has quickly become one of the most popular corporate vehicles for start-ups and other new ventures – and for good reason.  While there are some drawbacks (such as the number and type of investors permitted, and limitations on going public),…

Mobile telephones seemingly can store everything nowadays.  Consumers generally assume that this information is protected – safe from the hands of third party advertisers, service providers, etc. In fact, Section 222 of the Telecommunications Act of 1934, as amended (the “Act”), establishes a duty on every telecommunications carrier to “protect the confidentiality of proprietary information…

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