Internet Marketing Law Blog
Court Holds Change-of-Terms Provision Cannot Bind Parties to New Browsewrap Agreement
By Richard B. Newman | | Advertising and Marketing, Internet Law
The Ninth Circuit recently held that a consumer was not bound by updated terms merely because she accessed a website that contained new terms in a “browsewrap” agreement on the website. A browsewrap agreement is one that is attempted to be enforced against a website user by virtue of his/her use of a website. Contrast…
Good Consent-Based TCPA Win for Lead Generators
By Richard B. Newman | | Advertising and Marketing, Lead Generation, Privacy, Telemarketing
Volkswagen launched a marketing campaign. It paid dealerships nationwide to retain a third party to place service reminder calls to their customers. Automated technologies were purportedly used to make calls to plaintiff without consent. The Central District of California decertified a class of these TCPA plaintiffs because consent issues were so individualized that the plaintiffs…
FTC Settlement of Fake Review Campaign Illustrates Agency Recognition of Litigation Risk Under FTC Act
By Richard B. Newman | | Advertising and Marketing, FTC, Internet Law, Lead Generation
As blogged about here and here, brands and intermediary agencies that they do business with are expected to train and monitor endorsers, utilize written social media policies, take appropriate remedial action and document all efforts to implement preventative advertising compliance measures, including those designed to ensure the clear and conspicuous disclosure of material connections between advertisers and…
By Richard B. Newman | | Advertising and Marketing, FTC, Internet Law, Lead Generation, Privacy and Data Security, Telemarketing
As blogged about here, the FTC’s authority to seek monetary disgorgement relief from defendants in federal court is under assault. Consequently, all five FTC Commissioners have recently forwarded a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would…
By Richard B. Newman | | FTC, Internet Law, Lead Generation, Privacy and Data Security
The Supreme Court has started its new term. FTC defense practitioners are watching closely as the Court is considering issues that may dramatically impact FTC CID investigations and enforcement actions, particularly whether Section 13(b) of the FTC Act impliedly authorizes courts to award the FTC equitable monetary relief. The Supreme Court Has Already Limited Disgorgement…
Is Your Conduct a Violation of the Consumer Review Fairness Act?
By Richard B. Newman | | Advertising and Marketing, FTC, Internet Law, Lead Generation, State AGs
The Consumer Review Fairness Act passed both houses of Congress unanimously in December 2016. It has been effective since March 2017. The CFRA generally makes provisions of form contracts between sellers and individual consumers void from inception if the provisions: (i) prohibit or restrict individuals from reviewing sellers’ goods, services, or conduct; (ii) impose penalties…
Table of Contents
- Court Holds Change-of-Terms Provision Cannot Bind Parties to New Browsewrap Agreement
- Good Consent-Based TCPA Win for Lead Generators
- FTC Settlement of Fake Review Campaign Illustrates Agency Recognition of Litigation Risk Under FTC Act
- FTC Urges Congress to Restore Section 13(b) of the FTC Act and Resurrect Penalty Offense Authority
- FTC Update: SCOTUS to Decide Agency’s Monetary Restitution Enforcement Authority
- Is Your Conduct a Violation of the Consumer Review Fairness Act?
- Archives