Internet Marketing Law Blog

Court Grants Summary Judgment on ATDS Issue

The District of Arizona recently became one of the first courts in the nation to address the definition of an “automatic telephone dialing system’ (“ATDS”) following the recent D.C. Circuit ruling in ACA International v. FCC (D.C. Cir. 2018). In ACA, the D.C. Circuit, inter alia, rejected the FCC’s definition of ATDS. It held that…

Bitcoin Wallet Provider Receives BitLicense from the State of New York

Despite its stringent laws pertaining to the crypto sector, reports are that cryptocurrency wallet and vault Xapo, Inc. has received a ‘BitLicense’ from the New York Department of Financial Services. DFS has also authorized Paxos Trust Company LLC, f/k/a itBit Trust Company, to offer exchange and custody services for Ether, Litecoin, Stellar Lumens and Bitcoin…

FTC Sweep Against Internet Business Coaching Model Continues

The Federal Trade Commission has announced that it has charged three individuals and nine businesses with generating more than $100M from thousands of consumers with an alleged fraudulent business education program called “My Online Business Education.” A federal court halted the scheme and froze the defendants’ assets at the FTC’s request. According to the Commission,…

Privacy and Data Security – FTC Loses Appeal Over Data Security Order

The Federal Trade Commission (FTC) has been increasingly more aggressive in terms of privacy and data security investigations and enforcement for more than a decade. In 2013, the FTC sued LabMD alleging that lax data security practices had resulted in the exposure of sensitive information about thousands of consumers. LabMD denied wrongdoing and argued that…

Vermont’s New Data Broker Law

On May 22, 2018, the State of Vermont enacted the country’s first data broker law. As set forth by the new law, a data broker is defined as “a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of…

FTC Grants Petition to Modify Online Tracking Order

In August 2009, a final order was entered in a matter initiated by the Federal Trade Commission against Sears Holdings Management Corporation. According to the FTC, from 2007 through 2008 Sears utilized a downloadable software application that collected sensitive information from users without disclosing its data collection practices. In part, the order obligated Sears to…