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January 2012 Canada Implements First Anti-Spam Legislation Court Order Temporarily Halts Use of Alleged Fake News Websites Telemarketers Charged with Facilitating Illegal "Robocalling" Internet Marketers of Weight-Loss Pills and "Colon Cleansers" To Pay $1.5 Million to Settle FTC Charges Industry Accountability Program - First Enforcement Cases Defendants to Pay Millions to Settle FTC Charges of Fraudulent "Homeowner Relief" Services North Carolina State Bar Ethics Opinion Allows Lawyer Advertising on "Deal of the Day" or Group Coupon Websites Internet Marketers Agree to Stop Selling Contact Lenses Without Prescriptions
November 2011 Online Advertiser Settles FTC Charges for Deceptive "Opt-Out" Policy Parties Settle Class Action Charges of Unauthorized Text Message Advertisements New Jersey Voters Back Sports Gambling Advertising Campaign Violating Facebook.s Terms of Service May Violate CAN-SPAM and CFAA Court Upholds Online Multi-Step Consent Program Revenue Agency Issues Draft Directive For Application of Sales Tax to Third Party Coupons Reebok Settles FTC Deceptive Marketing Practice Charges for $25 Million
September 2011 FTC Continues Crackdown on Operations that Target Financially Distressed Consumers Mobile Apps Developer Settles COPPA Charges Connecticut AG Questions Groupon About Deal Expiration Dates FTC Brings Another Action Against Payday Loan Marketers, Freezes Assets Fraud Allegations Against MyLife.com Withstand Motion to Dismiss Court Orders Payday Loan Marketer to Pay $4.8 Million
July 2011 Chairman of U.S. Senate Committee Releases Findings and Remarks on Cramming Investigation FCC Proposes $11.7 Million in Penalties for Alleged "Cramming" Issues Enforcement Advisory FCC Proposes Rules to Prevent Cramming; Seeks Comment Consumer Credit Reporting Agency to Pay $1.8 Million for Violating Fair Credit Reporting Act Online Forum's Failure to Act to Prevent Future Infringement After Receipt of DMCA "Takedown Notices" Could Lead to Secondary Liability FTC Charges CEO of Promissory Note Program with Misleading Claims, Use of False Testimonials Second Circuit Reverses, Holding Copyright Law Preempts "Hot News" Misappropriation Claim
May 2011 Founders of Three Internet Poker Sites Charged with Bank Fraud, Money Laundering and Illegal Gambling U.S. Supreme Court Holds that Clause in Contract Requiring Arbitration Precludes Class Action Lawsuit CAN-SPAM Act Applies to Facebook Communications: User Messages, Wall Posts, News Feeds FTC Asks Federal Courts to Shut Down Allegedly Fake News Website Microsoft and Yahoo! Entitled to CDA Immunity for Email Filtering Lawsuits StubHub, Inc. Not Entitled to CDA Immunity San Francisco Tour Company Sues Groupon for Misleading Google Ads
March 2011 CAN-SPAM Does Not Preempt State Law Claims Under California Statute Company to Pay $250,000 to Settle FTC Charges of Misleading Product Reviews FTC Settles Deceptive "Opt-Out" Practices With Online Advertiser FTC Asks Court to Shut Down Text Messaging Operation Parties Settle Case Involving Employee Discharged for Facebook Comments Illinois Governor Signs Amazon Sales Tax Legislation Disclaimer Found in Website Terms and Conditions Fails to Defeat Fraud Claim
January 2011 Congress Passes "Restore Online Shoppers. Confidence Act" Obama Signs Senate Bill Into Law FTC Approves Final Order Settling Deceptive Advertising Charges Against PR Firm FTC Settlement Shuts Down Websites Advertising "Free Government Grants" FTC Settles With Marketers of Children.s Vitamins for $2.1 Million FTC Issues Privacy Report - Suggesting "Do Not Track" Mechanism, FTC Testifies on New Legislation Use of "NewYorkNewYork" Domain Name for Redirecting Hotel Reservations was Cybersquatting
November 2010 Company Charging Fees for Opportunity to Place Bets Engaged in Bookmaking under Washington Statute Officer of PayDay Loan Marketer Pays $850,000 to Settle FTC Charges California Unsolicited Commercial Email Statute's Damages Cap Applies to Total Liability not Per Individual Recovery British Internet Gambling Company Agrees to Forfeit $33 Million Court Shuts Down Fraudulent LEC Billing Operation Orders Defendants to Pay $38 Million Online Marketer Settles with New York Attorney General for $5.2 Million Allowing Comments to Online Article Protected by CDA Immunity
September 2010 Internet Marketer of Health Supplements and Cleansers Ordered to Cease Advertising and Billing Practices Publishers Clearing House Settles Deceptive Sweepstakes Marketing Claims with 32 States and the District of Columbia General Knowledge of Infringing Material Insufficient to Trigger Duty to Search for Infringements Draft Consumer Privacy Bill - The Best Practices Act Proposed Legislation Reviewed by Congress Ninth Circuit Allows Use of LEXUS Mark in Auto Broker’s Domain Name Court Upholds Google’s Use of Trademarks as Keyword Triggers For Sponsored Links
July 2010 Commercial Email Sent Through Use of Multiple Domain Names Not Unlawful Under California Statute Company Successfully Pleads Trade Dress Infringement Claim Involving “Look and Feel” of Website FTC Closes Investigation of Ann Taylor Under the Guides for Endorsement and Testimonial Use in Advertisements ModernAd Media, LLC Settles with the Florida AG for Alleged CAN-SPAM Violations Advertising Industry Releases Standards for Enhanced Notice in Online Ads Classmates.com Agrees to Settle Fraudulent Marketing Charges Court Finds “Hot News” Misappropriation, Enjoins Redistribution
May 2010 Court Awards $7,000 in Damages for Claim under California Anti-Spam Law Putative Class Files Complaint Against Classmates.com for Misleading Privacy Change Federal Reserve Issues Final Gift Card Rule Identity Theft Prevention Firm Settles FTC Fraud Charges for $12 Million Eighth Circuit Denies Availability of Conspiracy-Based Claim Under Iowa Unsolicited Commercial Email Statute Google Entitled to CDA Immunity Despite Suggesting Keywords for Sponsored Ads
March 2010 Court Allows Right of Publicity Claims to Proceed Against Video Game Manufacturer E-mail Marketer Agrees to Stop Sending Commercial Email to Comcast Subscribers in the Absence of Affirmative Consent Eleventh Circuit Upholds Local Community Standard For Judging Obscenity of Internet-Based Materials New York Attorney General Announces Investigation of 22 Online Retailers for Links to Discount Sites Website Not Required to Comply with Third-Party Injunction to Remove Defamatory Statements Rhode Island Supreme Court Holds Shrinkwrap Terms Enforceable if Consumer Accepts After Reasonable Opportunity to Review
January 2010 Google Files Trademark Infringement Lawsuit Over Work-at-home Offers Online Marketer of "Free" Internet Auction Kits Settles FTC Charges Craigslist Afforded - CDA Section 230 Immunity Against Public Nuisance Claim Dietary Supplement Compay and Florida AG Reach Settlement Email Confirmation of Internet Purcahse Not Entitled to Facta Protection Model Privacy Notice for Financial Institutions Published
November 2009 FTC Releases Revised Guides Governing Endorsements and Testimonials in Advertising Personal Opinion Posted on Website Not Defamation Court Dismissed Challenge to Maine’s New Data Collection Law Citing Attorney General’s Pledge Not to Enforce Dell Agrees to Pay $4 Million to Settle AG’s Fraud Charges Ninth Circuit Adopts National Community Standard for Obscenity Internet Spam Case Parties Stipulate to Drop Suit Against Utah Child Protection Registry - Judge Dismisses Action Certain Fees for Web-Based Advertising Not Subject to Sales Tax
September 2009 Oprah, Dr. Oz Sue for Alleged Unlawful Use of Names, Pictures, Voices and Identities FTC and Debit Card Company Settle Payday Loan Complaint Plaintiff Lacks Standing to Bring Private Action Under CAN-SPAM Governor Schwarzenegger Vetoes Internet Tax Legislation -- Overstock.com Resumes Business In California Maine’s New Data Collection Law May Present Challenges for Marketers Senate Commerce Committee Adds New Company to Internet Marketing Billing Investigation
July 2009 Ninth Circuit interprets "Call" under TCPA to include text messages Google Revises ad text trademark policyto allow certain trademark use FTC announces creackdown on alleged "scammers" Unauthorized purchase of trademark as a search engine keyword is "use" under the Lanham Act Obama passes Federal gift card regulations Internet search engines prohibited from accepting deceptive mortgage assistance advertisements New York bill would amend data breach notice law
May 2009 Florida Attorney General and Telemarketer Reach Agreement on Consumer Data-Based Due Diligence Appeals Court Allows Keyword Advertising Trademark Lawsuit to Proceed Internet Gambling Company - PartyGaming - Forfeits $105 Million DirecTV and Comcast to Pay $3.21 Million to Settle “Do Not Call” Violations Use of “Citybank” Domain Name Violates ACPA U.S. Supreme Court Refuses to Consider State Anti-Spam Law -- Denies Petition for Writ of Certiorari
March 2009 Restraining Order Issued Against Companies Involved in Selling Limited-Use Online Shopping Cards Google Revises its Mobile Ad Policy Mobile Content Marketer Settles Dispute with Florida AG for $1 Million Internet Betting Exchange Did Not Violate State Gambling Statute Claim against Yahoo! for "False Designation of Origin," "Passing Off" Fails Court Upholds FCC Order Requiring Carriers to Obtain "Opt-In" Consent from Customers Prior to Sharing CPNI Massachusetts Revised ID Theft Regulations Effective January 1, 2010
January 2009 New York Supreme Court Upholds Internet Sales Tax (“Amazon Tax”) Internet Search Engines Entitled to CDA §230 Immunity for Sponsored Illegal Gambling Ads MMA Revises U.S. Consumer Best Practices for Mobile Marketing Services FTC Seeking Comment on Proposed Revisions to Guides for Endorsements and Testimonials in Advertising Class Action Suit Brought Against Classmates Online, Inc. for Alleged Misrepresentation in Email Marketing AT&T, T-Mobile and Software Company Settle District Attorney Charges of Illegal “Spoofing”
December 2008 Unsolicited Text Messaging Suit Settles For $7 Million NAD Recommends Juice Maker Discontinue Advertising Claims Ohio Spam Law Preempted by CAN-SPAM Two States Pass Mandatory Encryption Laws CAN-SPAM Act Preempts State Law Claim for Fraud and Deception Involving "Forward-to-a-Friend" Emails Non-ISP Has Standing to Bring Action Under CAN-SPAM Act
September 2008 New York State Tax Department Issues Memorandum Clarifying Internet Sales Tax Requirements Virginia Supreme Court Overturns State Anti-Spam Law and Associated Conviction Under Statute 7Search.com Sues McAfee for Unfair Business Practices Under the Lanham Act and Other State Statutes Enzyte Executive Convicted of Fraud Gets 25-Year Sentence Commerce Department Develops Certification Mark -- Signifies Compliance With Data Protection Standards Copyright Owner Required to Consider Fair Use Doctrine for Claim Under Digital Millennium Copyright Act
August 2008 Moynihan Wins Again! $31 Million CAN SPAM / Washington State Law Claims Dismissed Against Affiliate Network Impulse Marketing Group, Inc. Senate Bill Introduced to Extend CAN-SPAM Act to Wireless Arena “Do-Not-Text Act” Arbitrator Awards MySpace $6 Million in Damages and Fees for Violations of CAN-SPAM and Other Statutes Limited Use of Lennon’s “Imagine” Deemed Fair Use Parody Website Was Not “Commercial” Use of Trademark Not Violative of the Lanham Act Consent Judgment Enjoins “Podfitness” From Using Apple’s Pod Marks
June 2008 Internet Access Service Provider Lacks Standing To Assert Can-Spam / California State Claims Against Affiliate Network Azoogleads.Com New York State Internet Sales Tax Law Enacted Text Message Fees not Recoverable Under State Gambling Law NextClick Media Agrees to Halt Alleged Deceptive Practices to Avoid Trial Internet Marketing Companies Agree to Cease Advertising Allegedly Deceptive Promotions to Washington State Residents Clickwrap Agreement Informing Customers of Installation of Pop-up Advertising Software Enforceable Marketer of Adult Websites Settles CAN-SPAM Case Involving Affiliatesí Act Violations
May 2008 Final Rule Provisions Under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
April 2008 AT&T Wireless to Pay Over $2.5 Million to Settle Florida AG Investigation Online Advertiser to Pay $2.9 Million to Settle FTC Charges Social Networking Site for Kids Settles COPPA Violation Charges Court Denies Right of Publicity Claim in Guitar Hero Case Court Grants FTC’s Motion Ordering Marketers to Pay More Than $2.5 Million for Violations of FTC Act and CAN-SPAM Act Use of Another’s Virtually Identical Mark as Sponsored Link Violates Lanham Act
March 2008 Microsoft, Google and Yahoo to Pay $31.5 Million to U.S. For Past Promotion of Illegal Gambling New Jersey Enacts First Online Dating Law: Internet Dating Safety Act Online Marketers of Prepaid Debit Cards Settle FTC Charges Online Retailer Settles FTC Charges of Failing to Safeguard Consumers’ Sensitive Information Email Exchange Containing Settlement Terms is Binding FTC Hosting Town Hall Meeting to Explore The Mobile Marketplace
January 2008 FTC Proposes Governing Principles for Online Behavioral Advertising -Agency Seeks Industry Comments Online Advertiser Settles FTC Charges Citing Website Terms of Use, Court Enjoins Boardfirst from Accessing Southwest's Website Conjoined Forms of "Perfumebay" Infringes "eBay" Mark Use of Trademarks in Metatags and Linked Advertising Not a "Use in Commerce" under the Lanham Act Court has Personal Jurisdiction over Non-Resident Defendant's Internet Business Court Finds use of "eVisa" Actually Dilutes "Visa" Mark
May 2007 Website Owner May be Vicariously Liable (Not Strictly Liable) for Affiliates’ CAN-SPAM Act Violations Purchase from Search Engines of Third Party Trademarks as Key Words May be Actionable “Use” Under the Lanham Act Utah Law Bans Keyword Advertising Employing Unauthorized Use of Third Party Trademarks Use of Domain Name After Cease-and-Desist Letter is Sufficient to Establish Bad Faith Intent under the Anti-Cybersquatting Consumer Protection Act (ACPA) Utah Child Protection Registry Upheld Against CAN-SPAM Preemption, Commerce Clause and First Amendment Challenges U.S. District Court Strikes Down Child Online Protection Act (COPA) FCC Strengthens Privacy Rules to Protect Phone Records
June 2007 Operator of Online Roommate-Matching Website Not Entitled to CDA Immunity for Certain Alleged FHA Violations Use of Generic Search Terms Does not Violate Terms of Permanent Injunction Fantasy Sports Leagues do not Constitute Gambling as a Matter of Law Settlement in FTC Investigation of Deceptive Gift Card Sales House Approves Two Spyware Bills
July 2007 Operator of Online Roommate-Matching Website Not Entitled to CDA Immunity for Certain Alleged FHA Violations Use of Generic Search Terms Does not Violate Terms of Permanent Injunction Fantasy Sports Leagues do not Constitute Gambling as a Matter of Law Settlement in FTC Investigation of Deceptive Gift Card Sales House Approves Two Spyware Bills
September 2007 FTC Wins Temporary Restraining Order with Asset Freeze Halting Unauthorized Debits by Prepaid Stored-Value Card Seller Adult Online Dating Service Entitled to § 230 Immunity Circuit Vacates Injunction Against Spamhaus as Overbroad Sends Case Back to District Court Email Marketer Awarded Fees and Costs under CAN-SPAM Posting Modified Terms on Website is Unenforceable with respect to Existing Customer that Lacks Notice FTC Halts Diet Product Email Marketing Pro-Se Complaint against Google Dismissed
December 2007 Spitzer Withdraws Tax on E-Retailers Statute Regulating Internet Loans Does Not Violate Commerce Clause Web-Based Compilation Must be at Least 70% Substantially Similar to Sustain Copyright Infringement Action Record-Keeping Statute is Overbroad -- Violates First Amendment Verizon Wireless Agrees to Pay $1 Million To Settle New York Attorney General Marketing Investigation Website Privacy Policy Applies to Telephone Sale Terms of Use Sufficiently Conspicuous to be Binding on Plaintiff