An update on the latest rules and regulations put forth by the FTC, FCC, federal government and international governing bodies. A can’t miss for mobile marketers and anyone who does business online.
Experience level: Beginner
Target audience: Affiliates/Publishers, Merchants/Advertisers, Networks
Niche/vertical: Compliance
John Monarch, CEO, Connexus Inc. (Twitter @papajohn56) (Moderator)
Aaron Kelly, Attorney, Kelly / Warner, PLLC (Twitter @aaronklaw)
CJ Montgomery, Attorney at Law, Online Legal Group
The Supreme Court approved online sales taxes and a dangerous email bill advanced in California. The Supreme Court ruled states can collect sales tax from online retailers without a physical presence. A bill in California seeks to greatly expand the state's commercial email law and impose liability, though it was amended due to opposition. The European Union passed measures that could require platforms to pay for links to content and use automatic filtering, raising censorship concerns.
Provide updates on CAN-SPAM, keyword search liability and the recent FTC affiliate marketing rules to identify how audience members can ensure that their campaigns produce results, not liabilities.
This document discusses various legal and ethical issues related to using social media as a lawyer. It addresses topics such as attorney-client relationships, client confidentiality, trial publicity, fee splitting, cloud storage of client files, ex parte communications, and relationships with judges and jurors on social media. The document also covers privacy laws, liability for user-generated content, cybersecurity, laws regarding minors and social media, and ethical guidelines for attorneys' use of social media.
MobiU2012 Summit: Mobile Class Action Litigation & Privacy - by SedgwickKimberly-Clark
The document summarizes the increasing legal risks around mobile marketing and privacy. It discusses the various laws and regulations that apply, including the FTC Act, TCPA, and state privacy laws. Companies are urged to follow best practices like having clear privacy policies, obtaining user consent, and properly securing user data to avoid legal issues around areas like data collection, data sharing, and mobile messaging. With ongoing regulatory scrutiny and class action lawsuits, the mobile privacy legal landscape remains complex and challenging for companies.
The document provides information about protecting private information for non-profits. It begins with describing recent large data breaches at Sony and other companies to illustrate the risks to organizations. It then discusses the current state of privacy laws, including key acts like COPPA, CAN-SPAM, and state data breach laws. The document outlines best practices for non-profits to implement privacy programs, including developing privacy policies, records management procedures, and staff training. It provides details on the components of an effective privacy policy and records management system to help non-profits comply with relevant laws and protect the information of clients, donors, and employees.
The Supreme Court approved online sales taxes and a dangerous email bill advanced in California. The Supreme Court ruled states can collect sales tax from online retailers without a physical presence. A bill in California seeks to greatly expand the state's commercial email law and impose liability, though it was amended due to opposition. The European Union passed measures that could require platforms to pay for links to content and use automatic filtering, raising censorship concerns.
Provide updates on CAN-SPAM, keyword search liability and the recent FTC affiliate marketing rules to identify how audience members can ensure that their campaigns produce results, not liabilities.
This document discusses various legal and ethical issues related to using social media as a lawyer. It addresses topics such as attorney-client relationships, client confidentiality, trial publicity, fee splitting, cloud storage of client files, ex parte communications, and relationships with judges and jurors on social media. The document also covers privacy laws, liability for user-generated content, cybersecurity, laws regarding minors and social media, and ethical guidelines for attorneys' use of social media.
MobiU2012 Summit: Mobile Class Action Litigation & Privacy - by SedgwickKimberly-Clark
The document summarizes the increasing legal risks around mobile marketing and privacy. It discusses the various laws and regulations that apply, including the FTC Act, TCPA, and state privacy laws. Companies are urged to follow best practices like having clear privacy policies, obtaining user consent, and properly securing user data to avoid legal issues around areas like data collection, data sharing, and mobile messaging. With ongoing regulatory scrutiny and class action lawsuits, the mobile privacy legal landscape remains complex and challenging for companies.
The document provides information about protecting private information for non-profits. It begins with describing recent large data breaches at Sony and other companies to illustrate the risks to organizations. It then discusses the current state of privacy laws, including key acts like COPPA, CAN-SPAM, and state data breach laws. The document outlines best practices for non-profits to implement privacy programs, including developing privacy policies, records management procedures, and staff training. It provides details on the components of an effective privacy policy and records management system to help non-profits comply with relevant laws and protect the information of clients, donors, and employees.
While there are increasing signs of a recovery from the Great Recession, years of economic progress have vanished for many African Americans and Hispanics in particular, and home ownership remains largely out of reach. That has put new energy into efforts to ensure that the economic turnaround is more inclusive.
“The CFPB’s work in the area of fair lending is a priority and has only just begun,” the agency declared. In this presentation, we walk you through some of its biggest impacts.
To learn how you can stay current in today’s rapidly changing banking and financial industries, visit http://www.lexisnexis.com/banking.
For more topics that are transforming the legal industry,
visit http://www.thisisreallaw.com.
The document recommends enforcing a subpoena issued to Backpage.com and its CEO. It finds that Backpage has failed to comply with the subpoena from the Senate Permanent Subcommittee on Investigations regarding its role in human sex trafficking. The investigation seeks documents on Backpage's moderation practices, finances, and data retention to inform legislation around online sex trafficking. While Backpage claims the First Amendment protects it, the subcommittee argues it has a valid purpose and seeks limited information, not to deter speech.
Online collections services provide an alternative way for creditors to collect past due accounts using the internet. They allow debtors to privately negotiate and pay debts online, while providing creditors with automated processes and regulatory compliance. The document examines challenges in traditional collections methods, the benefits of online collections services, and features to look for in a provider like DebtResolve.
Social Media Marketing 03 24 2010 Non Ladas (Review Only)Matthew Asbell
This document summarizes key legal considerations for using social media for marketing as an attorney or law firm. It discusses intellectual property issues like trademark infringement and keyword usage. It also examines risks like violating attorney conduct rules regarding client confidentiality, solicitation, conflicts of interest and more. Best practices include having clear social media policies, disclaimers, and avoiding formation of attorney-client relationships online without a written engagement.
Digital content and media - a legal updateBristol Media
Osborne Clarke will give an overview of how the upcoming Consumer Rights Directive and Consumer Rights Bill will impact on digital content businesses, and some of the practical implications of this. They look at recent legal cases in digital media involving Facebook, Twitter and Google; dealing with people who hide their identities online; removing offensive content and user generated content, liability of website operators and the new Defamation Act
This document discusses 5 things to consider before starting a new job, including noncompete agreements. It notes that many employees are only told about noncompete agreements after accepting or starting a new job. It also discusses how states vary in enforcing noncompetes, with some like California banning enforcement, and others applying a "reasonableness test". The document provides an overview of factors like an agreement's duration, geographic scope, and potential effects on employees that courts examine in determining reasonableness.
Company A, a Hong Kong firm, is seeking a court order requiring Google to de-index Company B from search results globally. Google objects to jurisdiction and argues any order should be limited to Hong Kong users. There are competing views on internet jurisdiction, including whether cyberspace is separate from the real world and the appropriate roles of courts, governments, and technology. Courts have developed tests like Zippo's passive vs. active framework but new approaches are needed as the internet evolves. High court rulings like Equustek v. Google show courts increasingly assert broad jurisdiction and global orders must balance cross-border impacts. Managing jurisdictional risk requires consideration of contracts, connections to jurisdictions, technological tools, liability assessments, and the cost of
Avoiding Privacy Pitfalls When Using Big Data in MarketingTokusoudeka
The document discusses best practices for using big data in marketing campaigns while avoiding privacy issues. It provides an overview of emerging technologies and the exponential growth of minable data. It also examines consumer attitudes toward data privacy and sharing. The document then reviews applicable privacy laws and regulations, such as the Video Privacy Protection Act, Fair Credit Reporting Act, Gramm-Leach-Bliley Act, and others. It emphasizes that marketers should have a "culture of compliance" and considers practical examples of connecting different data sources like email and display advertising while protecting privacy.
The document provides a summary of a report from KPMG on the evolving role of general counsel. It discusses how GCs are increasingly involved in commercial decision making and risk management due to greater regulatory pressures. GCs must navigate complex compliance challenges across multiple jurisdictions as well as emerging cybersecurity threats. The report is based on interviews with GCs who note the difficulty of anticipating new regulations and importance of addressing data security from a business perspective.
Mitigating Risk of Website Accessibility Lawsuits3Play Media
Attempts to enforce ADA website compliance continue and may be increasing in some business verticals with the effects of the pandemic and the push to an all-on-line era. The need to make your websites more accessible to all is not a matter of if, but rather when. Accessible360’s Co-founder has been teaching CLE classes for several years, come learn what you can do now to make websites and apps available to more people, and how to reduce your risk.
Presentation - gener8tor - Data Privacy, Security, and Rights 130627Jason Haislmaier
Data privacy, security and rights presentation given to the Gener8tor companies on June 27, 2013. Covering data privacy and data security rights issues relevant to startups and the evolution of the value of data.
Obama moves forward with internet id plan by batteryfastbattery-fast. com
The Obama administration is moving ahead with a plan to broadly adopt internet IDs despite concerns over centralized identity and privacy. They hope to fund pilot projects next year. The plan aims to use encryption technology to allow people to disclose less personal information when completing transactions online. However, critics argue that a centralized, government-led identity system could undermine privacy and personal autonomy.
Age Verification / “Doing the Right Thing”IDology, Inc
http://www.idology.com/about-idology/about-idology/ | The most important thing to know about us is to understand what we do. IDology, Inc provides real-time technology solutions that verify an individual’s identity and age for anyone conducting business online or in a customer-not-present environment. What makes us different is that we do this in a way that builds more confidence with your customers – byprotecting sensitive data and promoting consumer privacy.
Social Media Law - Marketing Executives Networking Group (MENG)Shawn Tuma
This presentation was made to Marketing Executives Networking Group (MENG) - Dallas on November 9, 2012.
The presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
This document discusses various technology exposures and their incompatibility with traditional general liability (GL) insurance policies. It summarizes risks from blast faxes/spam emails/text messages, data security breaches and identity theft, internet/web utilization, radio frequency identification, and nanotechnology. Lawsuits over unsolicited communications have resulted in multimillion dollar verdicts. Data breaches at large companies have led to notifications, fines, and litigation costing tens of millions. Emerging technologies like RFID and nanomaterials present new liability uncertainties due to limited understanding of health impacts.
Privacy Concerns in Marketing and Commercial CommunicationsInternet Law Center
This document summarizes key aspects of privacy concerns and regulations regarding marketing and commercial communications, specifically the CAN-SPAM Act of 2003. It outlines what CAN-SPAM does and does not do, its principal requirements regarding from lines, subject lines, opt-out mechanisms, and plaintiffs. It also discusses regulatory timelines, determining when CAN-SPAM applies, selected court cases, and issues of preemption and state spam regulation.
Cyber Libertarianism - Real Internet Freedom (Thierer & Szoka)Adam Thierer
Adam Thierer & Berin Szoka of The Progress & Freedom Foundation are attempting to articulate the core principles of cyber-libertarianism to provide the public and policymakers with a better understanding of this alternative vision for ordering the affairs of cyberspace. We invite comments and suggestions regarding how we should refine and build-out this outline. We hope this outline serves as the foundation of a book we eventually want to pen defending what we regard as “Real Internet Freedom.”
The document discusses how lawyers can establish niche practices to distinguish themselves in a competitive marketplace. It recommends that lawyers choose a niche based on their interests, skills, and available time. Examples of potential niche areas include practicing in a certain geographic region, serving a specific demographic, or specializing in a subset of existing legal work. The document provides tips for identifying demand for a niche, deciding when to transition to one, and marketing a niche practice through various online and offline strategies. It cautions lawyers to be aware of ethics rules regarding specialization claims and unauthorized practice of law when establishing a niche practice.
*Webinar* CCPA: Get Your Business ReadyMoEngage Inc.
The impact of non-compliance with the California Consumer Privacy Act (CCPA) could be severe! If you're a business owner or an executive responsible for data and compliance for your organization, this presentation by Marit Davey - Data Privacy Compliance Expert can be helpful.
The california consumer privacy act (ccpa) is in effect starting on january 1...RominaMariaBaltariu
The California Consumer Privacy Act (CCPA) is in Effect Starting Today, January 1, 2020 - Which websites will CCPA impact? - 8 (easy) steps to be GDPR ready if you own a website - You are here: - Visitor Analytics
The Federal Corrupt Practices Act (“FCPA”) prohibits a U.S. company or person from bribing foreign government officials to obtain a business advantage. Along with this seemingly simple restriction comes accounting and record keeping requirements with which companies must comply. The FCPA requires the implementation of a compliance program which addresses FCPA concerns and establishes an FCPA corporate policy. This webinar covers the basics of the FCPA, including an introduction to the regulators, both the SEC and DOJ, and recent communications to the public regarding the FCPA from these regulatory bodies. The standards for a compliance program review is analyzed, including what makes a program current and effective as well as how often the program requires review. The role of a compliance coordinator is discussed, as is record keeping, training, and retaliation. Finally, meals and entertainment, gifts, travel, charitable contributions, and hiring are all discussed with reference to recent government actions and legal decisions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/foreign-corrupt-practices-act-2019/
While there are increasing signs of a recovery from the Great Recession, years of economic progress have vanished for many African Americans and Hispanics in particular, and home ownership remains largely out of reach. That has put new energy into efforts to ensure that the economic turnaround is more inclusive.
“The CFPB’s work in the area of fair lending is a priority and has only just begun,” the agency declared. In this presentation, we walk you through some of its biggest impacts.
To learn how you can stay current in today’s rapidly changing banking and financial industries, visit http://www.lexisnexis.com/banking.
For more topics that are transforming the legal industry,
visit http://www.thisisreallaw.com.
The document recommends enforcing a subpoena issued to Backpage.com and its CEO. It finds that Backpage has failed to comply with the subpoena from the Senate Permanent Subcommittee on Investigations regarding its role in human sex trafficking. The investigation seeks documents on Backpage's moderation practices, finances, and data retention to inform legislation around online sex trafficking. While Backpage claims the First Amendment protects it, the subcommittee argues it has a valid purpose and seeks limited information, not to deter speech.
Online collections services provide an alternative way for creditors to collect past due accounts using the internet. They allow debtors to privately negotiate and pay debts online, while providing creditors with automated processes and regulatory compliance. The document examines challenges in traditional collections methods, the benefits of online collections services, and features to look for in a provider like DebtResolve.
Social Media Marketing 03 24 2010 Non Ladas (Review Only)Matthew Asbell
This document summarizes key legal considerations for using social media for marketing as an attorney or law firm. It discusses intellectual property issues like trademark infringement and keyword usage. It also examines risks like violating attorney conduct rules regarding client confidentiality, solicitation, conflicts of interest and more. Best practices include having clear social media policies, disclaimers, and avoiding formation of attorney-client relationships online without a written engagement.
Digital content and media - a legal updateBristol Media
Osborne Clarke will give an overview of how the upcoming Consumer Rights Directive and Consumer Rights Bill will impact on digital content businesses, and some of the practical implications of this. They look at recent legal cases in digital media involving Facebook, Twitter and Google; dealing with people who hide their identities online; removing offensive content and user generated content, liability of website operators and the new Defamation Act
This document discusses 5 things to consider before starting a new job, including noncompete agreements. It notes that many employees are only told about noncompete agreements after accepting or starting a new job. It also discusses how states vary in enforcing noncompetes, with some like California banning enforcement, and others applying a "reasonableness test". The document provides an overview of factors like an agreement's duration, geographic scope, and potential effects on employees that courts examine in determining reasonableness.
Company A, a Hong Kong firm, is seeking a court order requiring Google to de-index Company B from search results globally. Google objects to jurisdiction and argues any order should be limited to Hong Kong users. There are competing views on internet jurisdiction, including whether cyberspace is separate from the real world and the appropriate roles of courts, governments, and technology. Courts have developed tests like Zippo's passive vs. active framework but new approaches are needed as the internet evolves. High court rulings like Equustek v. Google show courts increasingly assert broad jurisdiction and global orders must balance cross-border impacts. Managing jurisdictional risk requires consideration of contracts, connections to jurisdictions, technological tools, liability assessments, and the cost of
Avoiding Privacy Pitfalls When Using Big Data in MarketingTokusoudeka
The document discusses best practices for using big data in marketing campaigns while avoiding privacy issues. It provides an overview of emerging technologies and the exponential growth of minable data. It also examines consumer attitudes toward data privacy and sharing. The document then reviews applicable privacy laws and regulations, such as the Video Privacy Protection Act, Fair Credit Reporting Act, Gramm-Leach-Bliley Act, and others. It emphasizes that marketers should have a "culture of compliance" and considers practical examples of connecting different data sources like email and display advertising while protecting privacy.
The document provides a summary of a report from KPMG on the evolving role of general counsel. It discusses how GCs are increasingly involved in commercial decision making and risk management due to greater regulatory pressures. GCs must navigate complex compliance challenges across multiple jurisdictions as well as emerging cybersecurity threats. The report is based on interviews with GCs who note the difficulty of anticipating new regulations and importance of addressing data security from a business perspective.
Mitigating Risk of Website Accessibility Lawsuits3Play Media
Attempts to enforce ADA website compliance continue and may be increasing in some business verticals with the effects of the pandemic and the push to an all-on-line era. The need to make your websites more accessible to all is not a matter of if, but rather when. Accessible360’s Co-founder has been teaching CLE classes for several years, come learn what you can do now to make websites and apps available to more people, and how to reduce your risk.
Presentation - gener8tor - Data Privacy, Security, and Rights 130627Jason Haislmaier
Data privacy, security and rights presentation given to the Gener8tor companies on June 27, 2013. Covering data privacy and data security rights issues relevant to startups and the evolution of the value of data.
Obama moves forward with internet id plan by batteryfastbattery-fast. com
The Obama administration is moving ahead with a plan to broadly adopt internet IDs despite concerns over centralized identity and privacy. They hope to fund pilot projects next year. The plan aims to use encryption technology to allow people to disclose less personal information when completing transactions online. However, critics argue that a centralized, government-led identity system could undermine privacy and personal autonomy.
Age Verification / “Doing the Right Thing”IDology, Inc
http://www.idology.com/about-idology/about-idology/ | The most important thing to know about us is to understand what we do. IDology, Inc provides real-time technology solutions that verify an individual’s identity and age for anyone conducting business online or in a customer-not-present environment. What makes us different is that we do this in a way that builds more confidence with your customers – byprotecting sensitive data and promoting consumer privacy.
Social Media Law - Marketing Executives Networking Group (MENG)Shawn Tuma
This presentation was made to Marketing Executives Networking Group (MENG) - Dallas on November 9, 2012.
The presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
This document discusses various technology exposures and their incompatibility with traditional general liability (GL) insurance policies. It summarizes risks from blast faxes/spam emails/text messages, data security breaches and identity theft, internet/web utilization, radio frequency identification, and nanotechnology. Lawsuits over unsolicited communications have resulted in multimillion dollar verdicts. Data breaches at large companies have led to notifications, fines, and litigation costing tens of millions. Emerging technologies like RFID and nanomaterials present new liability uncertainties due to limited understanding of health impacts.
Privacy Concerns in Marketing and Commercial CommunicationsInternet Law Center
This document summarizes key aspects of privacy concerns and regulations regarding marketing and commercial communications, specifically the CAN-SPAM Act of 2003. It outlines what CAN-SPAM does and does not do, its principal requirements regarding from lines, subject lines, opt-out mechanisms, and plaintiffs. It also discusses regulatory timelines, determining when CAN-SPAM applies, selected court cases, and issues of preemption and state spam regulation.
Cyber Libertarianism - Real Internet Freedom (Thierer & Szoka)Adam Thierer
Adam Thierer & Berin Szoka of The Progress & Freedom Foundation are attempting to articulate the core principles of cyber-libertarianism to provide the public and policymakers with a better understanding of this alternative vision for ordering the affairs of cyberspace. We invite comments and suggestions regarding how we should refine and build-out this outline. We hope this outline serves as the foundation of a book we eventually want to pen defending what we regard as “Real Internet Freedom.”
The document discusses how lawyers can establish niche practices to distinguish themselves in a competitive marketplace. It recommends that lawyers choose a niche based on their interests, skills, and available time. Examples of potential niche areas include practicing in a certain geographic region, serving a specific demographic, or specializing in a subset of existing legal work. The document provides tips for identifying demand for a niche, deciding when to transition to one, and marketing a niche practice through various online and offline strategies. It cautions lawyers to be aware of ethics rules regarding specialization claims and unauthorized practice of law when establishing a niche practice.
*Webinar* CCPA: Get Your Business ReadyMoEngage Inc.
The impact of non-compliance with the California Consumer Privacy Act (CCPA) could be severe! If you're a business owner or an executive responsible for data and compliance for your organization, this presentation by Marit Davey - Data Privacy Compliance Expert can be helpful.
The california consumer privacy act (ccpa) is in effect starting on january 1...RominaMariaBaltariu
The California Consumer Privacy Act (CCPA) is in Effect Starting Today, January 1, 2020 - Which websites will CCPA impact? - 8 (easy) steps to be GDPR ready if you own a website - You are here: - Visitor Analytics
The Federal Corrupt Practices Act (“FCPA”) prohibits a U.S. company or person from bribing foreign government officials to obtain a business advantage. Along with this seemingly simple restriction comes accounting and record keeping requirements with which companies must comply. The FCPA requires the implementation of a compliance program which addresses FCPA concerns and establishes an FCPA corporate policy. This webinar covers the basics of the FCPA, including an introduction to the regulators, both the SEC and DOJ, and recent communications to the public regarding the FCPA from these regulatory bodies. The standards for a compliance program review is analyzed, including what makes a program current and effective as well as how often the program requires review. The role of a compliance coordinator is discussed, as is record keeping, training, and retaliation. Finally, meals and entertainment, gifts, travel, charitable contributions, and hiring are all discussed with reference to recent government actions and legal decisions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/foreign-corrupt-practices-act-2019/
2018 Year In Review: Digital Marketing Policies and RegulationsHanapin Marketing
This document summarizes key digital marketing policies and regulations from 2018, including Facebook scandals related to civil rights issues in advertising, the General Data Protection Regulation (GDPR) in Europe, and the California Consumer Privacy Act (CCPA) in the US. It discusses implications like limitations on data collection and storage, the need for inclusive ad targeting, and potential penalties for non-compliance. Overall it analyzes an eventful year of evolving privacy standards and responsibilities for digital marketers globally.
What you need to know about California's GDPR (CCPA) in plain EnglishJessica Kao
California's Consumer Privacy Act (CCPA) is on the top of marketers minds as the compliance deadline is fast approaching on January 1, 2020. In this presentation we will demystify the legal jargon and translate it to "practical marketing speak." Here are some key takeaways from this session:
• Knowing what key questions and scenarios to ask your legal team
• How to modify common marketing tactics and processes to be compliant
• Learn what GDPR processes you can leverage to be compliant with CCPA
Online Behavioral Advertising (OBA) Legal & Regulatory ComplianceAdler Law Group
Online behavioral advertising involves the collection of data about individuals' online activities in order to deliver targeted advertisements. While this allows for personalized ads, many users are concerned about privacy and a lack of anonymity online. Both regulators and legislators have responded by introducing laws and guidelines to increase transparency, consent, and security around the collection and use of personal data for behavioral advertising. Industry groups have also developed self-regulatory principles, but enforcement of these is ongoing.
Brendan Eich's letter to Senator Thune and Senator Nelson, Senate Committee o...Johnny Ryan
The CEO of Brave, an internet browser company, writes to the Committee on Commerce, Science, and Transportation to commend their engagement on consumer data privacy and endorse following the model of the European Union's General Data Protection Regulation (GDPR). The CEO argues that the GDPR establishes conditions for innovative companies like Brave to flourish by limiting how dominant platforms can use consumer data. A GDPR-like standard in the US would ensure competitive advantage in technology by creating common global privacy standards and restore trust in online advertising practices.
1) The document provides guidelines for mobile app developers on marketing their apps in compliance with truth in advertising standards and basic privacy principles established by the Federal Trade Commission (FTC).
2) It emphasizes telling the truth about an app's capabilities, clearly disclosing key information, building privacy considerations from the start like limiting data collection, and keeping user data secure.
3) Additional requirements apply to apps designed for children under 13 regarding collecting personal information in compliance with the Children's Online Privacy Protection Act (COPPA).
This document summarizes key topics in online marketing and advertising law. It discusses what constitutes advertising, standards that apply like being truthful and not misleading, issues around disclosures, and areas of emerging regulatory focus such as behavioral targeting, affiliate marketing liability, and use of trademarks in keyword advertising. Regulators aim to protect consumers through guidance, rulemaking, and enforcement while balancing business interests.
This document discusses issues around internet privacy and data collection. It outlines concerns over companies sharing users' personal information with third parties without consent. While regulations exist, there are no strict laws governing internet privacy. The document examines how user data is tracked through cookies and services like Google Analytics to target personalized ads. It notes recent privacy-related settlements between companies like Facebook and Google with regulators, and calls for stronger privacy laws to be introduced.
Here's a short presentation on the GDPR, first presented at the Morning Advertiser MA500 event in Edinburgh on 14th September. This is an overview regulations.
The DASHBOARD Act would impose several data-disclosure requirements on large companies that monetize online user data. The Act assumes a market failure of information asymmetry, where consumers undervalue their personal data. However, the evidence for this claim is indeterminate, and a lack of clarity on data property rights and liability could make corresponding rules difficult to enforce.
This document discusses several key marketing issues that brands should pay attention to in 2022, including increased use of NFTs, ensuring influencer endorsements comply with regulations, reviewing advertising practices for children to ensure compliance with CARU guidelines, navigating state-level NIL laws for college athletes, adapting sponsorships amid ongoing pandemic disruption, addressing heightened scrutiny of environmental marketing claims, complying with automatic renewal laws, and handling supply chain issues and related advertising disclosures.
The document summarizes FTC enforcement actions against affiliate marketers from 2011-2012. It discusses how the FTC obtained orders halting fake news sites marketing acai berry weight loss products with deceptive claims. It outlines settlements with affiliate marketers and networks that banned negative option marketing and required stringent claim substantiation and third party monitoring. The FTC continued targeting both affiliate marketers and advertisers using deceptive practices and imposed monetary judgments and asset forfeitures of over $1 million in some cases.
Data Privacy Compliance (Series: Corporate & Regulatory Compliance Bootcamp)Financial Poise
All levels of society rely upon information technology systems. Network operations are pervasive and impact nearly every aspect of our society. The desire of companies to collect, use, store, and secure information about customers, employees, and other individuals is a requirement of the new economy. It is no wonder that the prevalence of electronic communications and a growing dependency on cyber structures and operations also create potential vulnerabilities to cyberattacks. It is critical to preserve information systems and address and prevent weaknesses in cyber protection efforts. This webinar examines the means for companies to reach data goals ethically, efficiently and legally. Best practices and model comprehensive privacy and cybersecurity policies are discussed. And, data breach response and related litigation, including class action litigation issues and fiduciary duty violations under corporate law, are discussed.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/data-privacy-compliance-2019/
The document summarizes key points about online behavioral advertising (OBA) compliance, including:
- OBA includes retargeting, remarketing, and data collection strategies.
- Self-regulatory programs have been established by the FTC and Digital Advertising Alliance to provide notice and choice to consumers.
- Advertisers must use approved providers, manage OBA themselves, or build their own compliant solutions. They must also provide simple opt-outs if third-party tags are present.
- Studies show consumers prefer transparent brands that give them control over their data and ability to opt out. Compliance benefits brands by differentiating them as customer-centric.
Ashley R. Dobbs, Bean, Kinney & Korman, focused on the common advertising mistakes that can get you in trouble with the law. She gave insight on how to effectively advertise without sacrificing legality.
The presentation addressed five common advertising mistakes:
• Not telling the truth: Inadvertently creating deceptive or misleading messages, or omitting necessary material
• Not carefully comparing amongst competitors: Being liable for trademark infringement if done incorrectly
• Misusing contests and sweepstakes: Laws in all 50 states regulate these practices
• Misusing children's data or medical data: Collecting and targeting the proper data when advertising to kids
• Spamming: Statutory damages await those who improperly conduct email advertising campaigns
TrustArc Webinar-Advertising, Privacy, and Data Management Working TogetherTrustArc
Today, more and more companies use advertising technologies (AdTech) to reach their consumers and better understand their preferences. This can lead to multiple data protection risks. Data privacy awareness is increasing due to seismic developments in the industry brought about by key players such as Google and Apple. In parallel, global regulations set stricter guidelines around the collection, storage, and use of personal data.
This is not over. With the decisions coming out soon on analytics, how will the advertising technologies landscape adjust? Ultimately, how can advertising, privacy, and data management work together?
Our panel in this webinar explored the practical steps your organization should take to ensure that its digital advertising practices are compliant with data protection laws.
This webinar reviews:
- The current practices and developments in the AdTech industry
- The laws and regulations governing AdTech
- How to address the privacy issues related to advertising technology
The document discusses the ripple effects of the EU's General Data Protection Regulation (GDPR) in North America and analyzes upcoming data privacy laws like the California Consumer Privacy Act (CCPA) and proposed Consumer Data Protection Act (CDPA). It outlines key aspects of the GDPR, CCPA, and CDPA like their territorial scope, definitions of personal data, organizations and operations covered, individual rights, and penalties for noncompliance. While the CCPA goes into effect in 2020, the CDPA remains a draft bill. The document also notes challenges that laws like the CCPA face from large companies.
1. The GDPR significantly changes data protection requirements for companies doing business in the EU and increases obligations for advertisers and networks/publishers who can now be jointly liable. It comes into effect in May 2018 with fines up to 4% of global revenue.
2. Under the GDPR, personal data is more broadly defined and users have more rights around consent, access, and removal of their data. Requirements around ad profiling and tracking remain unclear as guidance is still pending.
3. Companies should map their data flows, review consents and policies, and engage regulators to understand impacts on their business from the GDPR. Industry alignment with the FTC is also discussed.
Similar to Cover Your Ass(ets): Online Advertising Compliance Update (20)
How I Increased my Affiliate Program’s Revenue by 30% in One MonthAffiliate Summit
Stephanie Robbins discusses how she increased her affiliate program's revenue by 30% in one month by engaging smaller affiliates through targeted marketing campaigns, communication, motivation and recognition. She emphasizes getting the word out through an affiliate resource center, emails, social media and blogging to educate and recruit more affiliates.
The webinar discusses finding the right leads for a business through pay-per-click (PPC) advertising. It covers identifying ideal customer profiles, determining budget and operations, and optimizing ad copy and landing pages. The webinar suggests focusing PPC campaigns on customers most likely to buy, using keywords that show intent, and creating ads and pages that guide qualified prospects to convert. The goal is to use PPC to find "profitable partners" that meet business needs and become long-term customers.
How to Audit and Improve Your Pinterest Business StrategyAffiliate Summit
This document provides tips and strategies for auditing and improving a business's Pinterest strategy. Some key points include:
- Pinterest has over 300 million monthly active users, with 75% of pins coming from businesses. It can be an effective marketing platform.
- Different demographics use Pinterest in various ways - millennials especially discover and purchase products through Pinterest.
- To optimize a business's presence, the document recommends best practices for boards, pins, images, hashtags, and more. Regular posting, relevant content, and video are encouraged.
- Analytics can show what content and pins are performing best to inform future strategy. Different time windows provide useful metrics.
The Path to $1M: How to Get to 7-Figures Commerce RevenueAffiliate Summit
This document outlines best practices for publishers to generate $1 million in commerce revenue based on analysis of top performing publishers. Some key points include:
- Publishing 100 new multi-product comparison and deal articles per editor per month that promote low-cost products under $200 and include coupons or sales can lead to $1 million in revenue within 15 months.
- Evergreen articles continue generating 20% of initial quarterly revenue indefinitely, with 50% of annual revenue coming from content published the prior year.
- Wednesdays at 8AM have the highest conversion rates for publishing new content.
Utilizing Instagram Stories in your Influencer CampaignsAffiliate Summit
This document discusses using Instagram stories in influencer marketing campaigns. It notes that stories provide more authentic and engaging content than traditional Instagram posts. Stories allow influencers to directly link out to products for sale. The document outlines how one influencer, Jane, increased her use of stories in campaigns from 9 to 13 over two years, a 44% increase. It provides suggestions on using stories for storytelling, showcasing products, launches, and flash sales. Finally, it discusses how content and authenticity will become more important than likes across Instagram and other social media in the future.
This document provides tips and best practices for measuring paid search and paid social marketing campaigns. It discusses defining key performance indicators (KPIs) and goals, setting up attribution and conversion tracking across platforms, and saving time through custom reporting and automated dashboards. The key recommendations are to start with a measurement plan aligned to business objectives, focus on telling a data story with the most useful metrics, choose a consistent attribution strategy, and leverage default customizations and scheduling in reporting tools.
This document provides an introductory presentation on SEO given by Joe Sinkwitz, founder and CEO of Intellifluence. The presentation discusses identifying the core elements of SEO, including links, content, and user signals. It also covers how to prevent negative SEO campaigns by reducing vulnerabilities and increasing quality links, content, and speed. The key takeaway is that focusing on a few core SEO elements like unique and optimized content that satisfies user queries can maximize efforts for those not looking to specialize in SEO.
End of the Amazon Associates Era? What Might Be Coming NextAffiliate Summit
This document discusses how interest in the Amazon Associates program appears to have peaked according to Google Trends data. It notes the program has grown significantly in recent years but also faces challenges like declining commission rates. While it remains a big opportunity, overly relying on it also carries risks. The document advocates diversifying by offering links to multiple retailers to boost commissions and reduce dependence on a single source.
Knock it Out of the Park: 11 Pro Tips to Improve your Game!Affiliate Summit
This document provides 11 tips for improving affiliate marketing performance from 3 expert coaches. The tips include choosing the right affiliate program and partners, optimizing websites, using tools and best practices, maximizing conversions, negotiating commissions, using metrics, communication, taking risks, and running profitable campaigns. Each tip is explained over 1-3 slides with bullet points and examples. The overall document aims to help affiliates "knock it out of the park" with their performance.
How to Lift Conversions by Over 130% Using VideoAffiliate Summit
The document discusses how brands can use video to increase conversions by over 130%. It provides an overview of why video marketing works and shares that viewers retain 95% of messages in video format. The document then outlines a video marketing funnel for attracting new customers, engaging audiences, nurturing prospects, and delighting customers. It also provides tips for popular video types like commercials, brand videos, and social media content. Overall, the document offers guidance on creating effective video marketing strategies across advertising channels and social media.
9 Software Tools Affiliate Managers Need to Grow the ProgramAffiliate Summit
Dustin Howes discusses 9 software tools that affiliate managers can use to help grow their affiliate programs. The tools include SimilarWeb for finding similar sites for recruitment, Hunter for finding email addresses, Calendly for scheduling meetings, IPVanish for accessing different geographic locations, Loom for creating screen recording videos, Buzzstream for contact relationship management, Text Expander for templates, Brandverity for brand protection, and SEMRush for SEO and link building. Howes also provides honorable mention tools and recommends sharing insights from the presentation with marketing teams.
2020 Vision: Coupon Trends to Keep an Eye on this YearAffiliate Summit
The document discusses coupon trends to watch in 2020. It notes that 68% of consumers used coupons in 2019, totaling $31 billion in savings. The coupon market will see further diversification in 2020, with players expanding into new channels and technologies. Compliance will also be a major issue for coupon providers this year as regulations continue to evolve.
Conversion Over Clicks: Reevaluating Coupon Code PartnersAffiliate Summit
1) The document discusses reevaluating partnerships with coupon publishers by moving beyond a focus on clicks and coupon codes to prioritize conversion metrics like transactions, new user acquisition, and basket values.
2) It provides an example of two coupon publishers, one that uses multi-channel strategies and focuses on campaigns, achieving higher conversion rates than one relying mainly on SEO.
3) The argument is made that coupon publishers are capable of much more than just coupon codes by leveraging strategic content and new approaches like email outreach to create additional touchpoints between brands and customers.
Working in a Niche Industry: How to Tackle the Acquisition of Mainstream Affi...Affiliate Summit
Lovehoney is the largest global online retailer of sex toys and aims to grow its affiliate program to capture growth in the $36 billion sexual wellness market. To succeed with affiliates as a niche brand, Lovehoney focuses on building relationships with affiliates, acquiring new customers, and planning marketing strategies in advance. Key tactics include attending affiliate events, engaging affiliates regularly, targeting affiliates that drive new customers, and utilizing customer data and attribution to target campaigns effectively.
Get That Bread: Leverage Influence with Affiliate MarketingAffiliate Summit
Affiliate marketing can be used to leverage influence and earn money by promoting other companies' products and services. Marketers should search for affiliate programs relevant to their audience and connect with affiliate managers. It is important to authentically engage followers by learning what they like rather than buying followers, and to properly disclose affiliate relationships through promotions to build trust and avoid issues with regulators. Contact information is provided for two affiliate marketing managers.
This document provides an overview of setting up Facebook ads using Boost, the Facebook Page Ad Center, or Facebook Business Manager. It discusses the benefits of each pathway and how to set up audiences, campaigns, ad sets, and ads. Key tips include spending significant time defining audiences, considering ads as part of an awareness to engagement to conversion funnel, and using pixel retargeting and sequenced messaging. Measurement best practices like validating metrics in another analytics tool are also covered.
California's Tough New Privacy Law is Here. Are You Ready?Affiliate Summit
The document summarizes key aspects of California's new privacy law, the California Consumer Privacy Act (CCPA), which takes effect on January 1, 2020. It outlines CCPA provisions regarding consumer rights to access their personal data, opt-out of sale of personal data, and request deletion of personal data from companies. It also discusses requirements for companies covered by CCPA, including providing notices of privacy rights and complying with consumer requests. Enforcement of CCPA is described as involving penalties of up to $2500 per violation imposed by the California Attorney General.
This document provides a list of 12 digital tools to help bloggers with tasks like creating landing pages, managing social media accounts, designing images, organizing affiliate efforts, and more. It includes specific tools like ConvertKit and Tailwind for landing pages and scheduling social posts. The document also provides a bonus round of additional tools for pagespeed reduction, SEO, internal linking, video editing, and designing for Instagram. It concludes by connecting the reader with bloggers who can provide more information.
The 4 Simple But Hidden Keys All Top Affiliate Programs Laser Focus OnAffiliate Summit
This document summarizes a presentation given by Alona Rudnitsky and Amber Spears on the keys to successful affiliate programs. The presentation discusses common frustrations of business owners, affiliate managers, and how focusing on clarity, confidence, community and cashflow ("the 4 C's") can help scale affiliate revenue. It then critiques the affiliate centers of 4 different companies to identify mistakes and provides tips to improve them. Attendees are invited to text for additional resources or contact the presenters for help building or scaling their affiliate program.
A Proven Blueprint for Scaling past 8 Figures in eCommerceAffiliate Summit
The document outlines 15 foundations for building a scalable eCommerce brand, as presented by Alex Brown. It discusses establishing vision and mindset, organizing systems and structures, using data and metrics, acquisition and growth strategies, developing website and technology, branding, content creation, product development, manufacturing, packaging, fulfillment and logistics, building a team, leveraging Amazon, financial management, and retention. Alex emphasizes seeing the big picture, progress over perfection, and ensuring the right roles and responsibilities are assigned to build a sustainable 8-figure business. He offers access to an accelerator program to help attendees further.
Best practices for project execution and deliveryCLIVE MINCHIN
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MJ Global's success in staying ahead of the curve in the packaging industry is a testament to its dedication to innovation, sustainability, and customer-centricity. By embracing technological advancements, leading in eco-friendly solutions, collaborating with industry leaders, and adapting to evolving consumer preferences, MJ Global continues to set new standards in the packaging sector.
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
How to Implement a Real Estate CRM SoftwareSalesTown
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IMPACT Silver is a pure silver zinc producer with over $260 million in revenue since 2008 and a large 100% owned 210km Mexico land package - 2024 catalysts includes new 14% grade zinc Plomosas mine and 20,000m of fully funded exploration drilling.
The APCO Geopolitical Radar - Q3 2024 The Global Operating Environment for Bu...APCO
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Brian Fitzsimmons on the Business Strategy and Content Flywheel of Barstool S...Neil Horowitz
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Cover Your Ass(ets): Online Advertising Compliance Update
1.
2. Kelly / Warner Law
Phoenix, AZ
-Internet Law -Defamation
Law
-IP Law -Business
Law
-Privacy Law -Marketing
Law
www.kellywarnerlaw.com
www.aaronkellylaw.com
3. Connexus Inc.
Greenville, SC
Direct Response firm specializing in
Product launches, media buying, and
offer consulting.
Corporate formation consultant
www.connexus.us
4. Online Legal
Group.
Portland, OR
Direct Response merchant
specializing in international CPA/CPL
offers in health and beauty industry.
Corporate & Taxation Attorney:
Compliance, Tax and Contractual
attorney for affiliate marketing clients
5. ONLINE BUSINESS & MARKETING LEGAL UPDATE
Today we’re going to do a review of the current
compliance standards for online marketing &
business.
FTC Update – We’ll start off with a quick
round-up of what the FTC has been up to over the
past 12 months.
Corporate Structuring– From
there we’ll dive into why most affiliates and advertisers
really aren’t protecting themselves properly.
6. ONLINE BUSINESS & MARKETING LEGAL UPDATE
After the general compliance update, we’ll take a look at current legal
issues regarding social media, in addition to newer marketing and
business models.
Social Media - In recent months, much has happened in terms of
social media rulings and regulation reform. We’ll do an overview of those
issues and touch on a few points every online advertiser should remember
about using social media to solicit customers.
Mobile/SMS- With mobile getting white-hot, many affiliates are
diving into the gray area in what is now considered the new “wild west” of
internet marketing, mobile. We’ll discuss the legal ramifications, and how you
can stay compliant in a scary world of shortcode cramming, paths, and SMS.
Privacy – We’ll take a quick look at developments in online privacy
legislation – both domestically and internationally.
7. ONLINE BUSINESS & MARKETING LEGAL UPDATE
We’ll then spend a few minutes exploring a few proposed and new
laws, lawsuits and government hearings that could affect the industry (and
the way you do business) in the coming months.
What’s on the Horizon
Probable New FTC Regulations for Social Media and Mobile Devices
On The Franken Front
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
Do Not Track
CALEA
Online Sales Tax Issues
Von Kohorn Patent
8. ONLINE BUSINESS & MARKETING LEGAL UPDATE
And we’ll end with a quick rundown of the most important regulations, laws
and statutes every online business person should keep in mind when
developing new campaigns or dealing with online legal issues.
Online Business Bill & Regulation Rundown
DMCA
CDA
Dot Com Disclosures
COPPA
GLB
California Privacy Protection Act (Default national standard)
UK Cookie Law
FACTA/FCRA (For Daily Deal Operators)
9. FTC UPDATE
For the past 12 months, the FTC has
been rocking and rolling to their usual
tune of arguably inconsistent rulings
and ineffective bans.
And they still have an affinity for
doling out high fines.
10. NOTABLE FTC CASES OF THE PAST 12 MONTHS
Date Case Outcome Significance
October 2011 Swish Marketing Fined $4.8 Million and If they had had a
Negative Option banned from using pay-day-loan
Pay Day Loan misleading friendly privacy
Program advertising in the policy, they may
future; must monitor have escaped
their affiliates. punishment.
December 2011 HCG Weight FDA (Not FTC) If you were/are
Loss Product declared HGC promoting them,
Ban products illegal. you may want to
reconsider.
March 2012 Jesse Willms Fined $358 Million International effort;
Negative Option and banned from Willms is
Marketing – using negative option Canadian.
International marketing and other Solidified FTC’s
misleading strong interest in
advertising. negative option
marketing issues.
11. NOTABLE FTC CASES OF THE PAST 12 MONTHS
Date Case Outcome Significance
May 2012 Jeff Paul’s Fined $450 Million Warning to all
Shortcuts to and banned from marketers who
Internet Millions, engaging in various use “continuity
John Alexander’s marketing techniques, programs”
Real Estate mainly negative (charging clients
Riches In 14 option rebills. each month for
Days, and John various services)
Beck’s Free & who don’t make
Clear Real Estate that clear in
System. advertising or
“get rick quick” disclosures.
businesses
July 2012 Google Safari Fined $22.5 Million Warning that the
Snafu – cookies FTC is serious
illegally about mal-
circumvented intentioned
safari privacy cookies and are
measures getting better at
spotting them.
12. OTHER IMPORTANT FTC DEVELOPMENTS
New Rules For Kids Apps
A study revealed that a large percentage of apps in the
Apple and Android Marketplaces did not comply with
COPPA privacy standards. Developers now required to
provide more information when submitting apps
targeted at kids. Expect to see more formal regulations
in the upcoming year.
Social Media and Mobile
Disclosure Workshop
At the end of May, the FTC held a workshop on the
challenges social media and mobile devices present
with regards to marketing disclosures. Explored various
options including graphic disclosures, the effect of a link
that can be read at a later time (on a larger screen) and
the timing of when disclosures should be made with
geo-location, mobile marketing.
13. OTHER FTC DEVELOPMENTS
New Bizopp (Business Opportunity) Rules
On March 1, 2012, new bizopp disclosure requirements went into
effect. The new rules stated aim is to allow for greater transparency
and reduce costs.
Sellers of work-at-home opportunities are now, officially, considered
bizopps.
New cover sheet required with specific information.
Disclosure of past buyers, their contact info, your bizopp history, plus any
fraud or illegal marketing legal actions (within the last 10 years) wherein
you were found complicit.
Financial disclosure statement.
Clarification on what constitutes fraud when it comes to marketing
bizopps
14. PICKING THE RIGHT ENTITY
The process of choosing to become an LLC, S-
Corporation, C-Corporation, Partnership, LLP,
LLLP, PLLC, can save you a lot of trouble and
money. A brief overview of each entity type can
really clear up several misconceptions.
Am I Safe?
No entity is 100% safe from veil piercing. Even
Fortune 500 Corporations have had their veil
pierced in extreme cases, and the C-level
executives and Board of Directors have been
found personally liable for the actions of the
company. Keeping everything separate as
possible as previously mentioned will reduce the
risk.
15. Corporate Structuring
Think your single member LLC is enough to
protect you from civil liability from
consumers, trade associations, and
government? Think again. The corporate veil
is being pierced with regularity due to
inconsistencies in structuring, improper
organization, bad bookkeeping, and mixing
personal spending with business.
Best Practices
Whether you’re a partnership, single member
LLC, all the way up to a C-corporation with
VC, treat everything you do completely
separately. Having your business pay your
home electric bill is a bad idea, it should be
accounted for properly and paid out of your
salary. Everything should be as separated as
possible.
16. BUT WHAT IF…
No entity will protect you from criminal liability.
Period. If you are committing a criminal act, such
as the catch-all Wire Fraud, nothing will protect you
from government interference.
What about Offshore?
Offshore corporate formation is a highly complex
topic, and very difficult to keep in compliance
without proper guidance. One wrong move can
inadvertently put you in bad graces with the
IRS, even if your purpose wasn’t to dodge taxes.
On the positive side, in many cases offshoring can
indeed reduce your civil suit liability dramatically.
Caution: Don’t try this at home. This is not for
novices, consult your experienced attorney (wink
wink).
17. Social Media
Social media is no longer new – it’s
nearly a requirement these days. As
such, law-makers are now getting
around to drafting and passing laws
that govern privacy, data security
and marketing on social media
platforms. Judges are also making
rulings which are helping to shape
legal precedence when it comes to
social media law.
18. Mobile Marketing
Mobile marketing is a powerful tool that is finally
coming into its own. The most personal form of
communication a person has is their cell phone, and
access to market to this key device has proven to
be a goldmine for marketers.
The Many Pitfalls
Being that it is relatively new, the guidelines for
marketing to this platform are still very vague and
largely not determined. A recent report showed that
the FTC itself is highly limited in its ability to enforce
Mobile, as in the field the Federal government only
allows Blackberry devices, and the FTC mobile lab
is a limited amount of devices, without carrier
access.
19. MAJOR MOBILE TOPICS
Cramming
Shortcode cramming is a very hot topic, as many
carriers have recently shut down many shortcodes.
Cramming multiple billing paths into one PIN submit
offer is a functional equivalent of merchant cross-
selling, which is highly non-compliant.
SMS Spamming
While many assume that SMS spam is covered under
CAN-SPAM, it isn’t fully yet. If a message is sent via
carrier email (ie 8885551212@vzwpix.com) it is
covered by CAN-SPAM. However, if it is sent directly
over the network, the FCC takes jurisdiction here, and
is still vague in enforcement. Consumers are allowed
to sue in small claims court for at least $1 per spam
SMS message received – has been as high as $175
per SMS.
20. Privacy and Data
Security Issues
Online privacy and data security are a hot topic. While there is not currently
a universal privacy policy in the U.S. there are COPPA rules, plus the EU
does have a universal law. Moreover, California codified a set of online
privacy laws, which have become the de facto national standard. FTC
enforcement of Identity Theft laws has also been ubiquitous, however
industry enforcement leads the way.
21. PROTECTING CONSUMER PRIVACY
• Data Retention Security
• Industry Standards: PCI Compliance
• Reselling of lists and data
22. THINGS TO KEEP
AN EYE ON
What are the legal issues and
lawsuits that every online business
person and marketer should keep an
eye on over the next few months?
23. ISSUES & PEOPLE TO WATCH
• US National • Fraley v.
Online Privacy Facebook
Law
• Private “Scam
• FTC Enforcement
of Claims in Ads Report” sites
• FCC enforcement
and
with Mobile Defamation
24. QUICK LAW LIST OF WHICH EVERY ONLINE BUSINESS
SHOULD BE AWARE
Dot Com Disclosure
New EU Privacy Laws – Cookie Law
New Business Opportunity (BizOpp) Rules from the
FTC
New updates to the FCC Telemarketing Rule
FDA Labeling Compliance
25. QUICK LAW LIST OF WHICH EVERY ONLINE BUSINESS
SHOULD BE AWARE
CDA – Communications decency act – protection for website owners for non-ip
claims like defamation, taking down not required for protection
DMCA – safe harbor to “service providers’ who remove infringing content –
must designate a Copyright Agent that is registered with the US Copyright
Office – notice requirements: evidence of authorization, identification of
copyright work claimed to have been infringed, complaining parties contact
info, good faith statement of belief; provisions may not be available to those
who have knowledge of infringement and do nothing about it, aware of facts or
circumstances from which infringing activity is obvious.