Yelp Fights for the Right to Complain Anonymously

  In e-commerce, user reviews can make or break a business.  Review sites such as Yelp are a double edged sword for merchants and service providers: on one hand satisfied customers can generate buzz about the company and bring in new customers, and on the other hand dissatisfied customers can use it as a very…

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Even In The UK, Think Twice Before Using Celebrity Endorsements

Photo at vi.wikipedia.org A recent legal case in the UK between singer Rihanna and fashion retailer Topshop has highlighted differences between publicity rights in the UK and some US jurisdictions. Rihanna sued Topshop for its sale of a t-shirt bearing a large photograph of her.  Rihanna had not approved or endorsed the sale of the t-shirt;…

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Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC

  The FTC’s “Do Not Call” and “robocall” rules do not apply to political survey calls.  So, if Hillary Clinton sought to “voice blast” a survey about international issues, she could do so without violating the Telemarketing Sales Rule (“TSR”).  (Though under FCC rules she would have an issue calling wireless numbers).  However, companies may…

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Why the FTC Can Go After Companies For Insufficient Data Security Allegations

  FTC seems more confident than ever in its authority to go after companies with insufficient data security measures. As of January 2015, FTC had settled 53 data-security enforcement actions, and FTC Senior Attorney Lesley Fair expects that number to increase. Not everyone is sanguine about FTC’s enforcement efforts. Companies targeted for administrative action complain…

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Another Class Action Pops Up For Complaints About Pop-Ups

  A class action lawsuit recently instituted in federal court in the Northern District of California, Hunter v. Lenovo et al., alleges that Lenovo Inc., a computer manufacturer, violated its customers’ rights by selling computers which came preinstalled with alleged spyware manufactured by Superfish Inc., another named defendant.  The purported class alleges that the Superfish…

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The Federal Wiretap Act and the Law of Unintended Consequences

  The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent efforts by class action counsel to rely upon the Federal Wiretap Act in lawsuits arising from…

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Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”

  What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common?  Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act (“FCRA”).  Although Congress passed the FCRA way back in 1970 and litigation has focused on credit reporting agencies’ duties under…

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International Data Privacy Day: Our Top 10 Data Privacy Tips

It’s International Data Privacy Day!  Every year on January 28, the United States, Canada and 27 countries of the European Union celebrate Data Privacy Day.  This day is designed to raise awareness of and generate discussion about data privacy rights and practices.  Indeed, each day new reports surface about serious data breaches, data practice concerns,…

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Will New Facebook Rules Hurt or Help Small Businesses?

  Health cleanses to lose unwanted weight in a matter of weeks!  Images of beautiful jewelry to be purchased at great prices that you can even resell! Personalized handbags made to order! If you have a Facebook account, it is more than likely you have seen many of these and similar posts by “friends” in…

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Celebrity Endorsements, Online Poker and the FTC

Celebrity Endorsements, Online Poker and the FTC

Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on funding from social games, requirements for exclusivity, and operator server locations. However, the fourth rule is an addition which deals specifically with…

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