Archive | Legal

False Advertising Penalties Are a Matter of Degree

In the matter of United States v. Arif, the First Circuit considered the issue of when false advertising constitutes a crime. In Arif, Mustafa Hassan Arif conditionally pled guilty to wire fraud in 2016 for allegedly selling non-FDA approved prescription drug products that purported to treat or cure numerous diseases and medical conditions.  He allegedly […]

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CRTC Issues Penalties for Malware Distribution

The Canadian Anti-Spam Law (CASL) does not just prohibit non-consensual commercial messages.  The  Canadian Radio-television and Telecommunications Commission also enforces CASL’s prohibitions on  the non-consensual installation of software onto a person’s computer. As reported by FTC (CID) investigation defense lawyer Richard B. Newman, on July 11, 2018, the CRTC issued Notices of Violation to Datablocks […]

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FTC Defense Lawyer on Action Illustrating Need to Hold Partners Accountable

The Federal Trade Commission recently announced the settlement of allegations that marketers deceived consumers via a get-rich quick scheme.  According to reports, the operators have agreed to a permanent ban on marketing or selling certain types of software. The FTC alleges that the international network of defendants deceived consumers by falsely claiming they could earn […]

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FTC DNA Testing Privacy Investigation

In 2017, Senator Chuck Schumer urged the Federal Trade Commission to investigate DNA testing companies in an effort to ensure that data collection and use practices comply with applicable privacy laws, including those that prohibit the sale of information contained in DNA databases to third-parties without consent. Recent reports indicate that companies like 23andMe and […]

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California Bill Introduced That Would Further Restrict Commercial Email Advertising

An Assembly member recently introduced AB 2546, an author-sponsored bill that would amend California’s anti-SPAM legislation (CBPC § 17529.5).  The potential impact on the email marketing industry is profound. The bill expands California’s anti-SPAM law to provide that it is not only unlawful for any person or entity to “advertise in” a commercial email, but […]

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FTC Announces Campaign to Help Businesses Strengthen Cyber Defenses

The Federal Trade Commission has recently announced plans to launch a national education campaign to assist small businesses strengthen their cyber defenses and protect sensitive data that they store. As outlined in a new Staff Perspective report, the FTC will develop and distribute reader-friendly educational materials with information about cybersecurity that small businesses need.  The […]

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No TCPA Vicarious Liability Without Ratification

The Ninth Circuit has ruled that payday lenders and two marketing companies were not liable under the Telephone Consumer Protection Act by virtue of working with a lead generator that utilized automated dialing equipment to disseminate text messages. Here, the lender had separate agreements with a marketing company (LeadPile) that purchased/sold leads from a third-party […]

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