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Browsewrap Terms Not Enforceable Without Express Consent

Richard NewmanSeptember 8, 2014September 8, 2014 CPA Marketing 2

Browsewrap Terms Not Enforceable Without Express Consent Last month, the U.S. Court of Appeals for the Ninth Circuit ruled that in the absence of a prompt that requests users to affirmatively acknowledge the Terms of Use, a website's practice of making terms of use available via conspicuous hyperlinks is insufficient to

CFPB Civil Penalties and How to Mitigate Them

Richard NewmanJuly 9, 2014July 14, 2014 CPA Marketing 0

CFPB Theories of Recovery and Mitigating Factors The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) continues to aggressively serve Civil Investigative Demands (“CIDs”) upon lead generators operating within verticals that implicate federal consumer financial laws. What follows is intended to briefly address multiple theories of recovery that the CFPB could potentially

The Stringent Opt-In Regime Created by Canada’s Anti-Spam Law (CASL)

Richard NewmanApril 28, 2014April 29, 2014 CPA Marketing 0

In what is widely considered to be one of the most restrictive laws on the planet dealing with commercial electronic messages, most of Canada’s long-awaited anti-spam legislation will take effect on July 1, 2014 (“CASL”). CASL regulates all commercial electronic messages that are sent or accessed by computer systems located within

FCC Issues Business-Friendly TCPA Rulings

Richard NewmanApril 7, 2014April 7, 2014 Affiliate Marketing, Industry News 0

This is a guest post brought to us by Richard B. Newman. Richard is one of the top advertising law and regulatory compliance attorneys in the industry. The Telephone Consumer Protection Act (“TCPA”) prohibits, among other things, the use of an artificial or prerecorded voice, or an automatic telephone dialing system,

FTC Updates Guidance on Weight-Loss Claims in Advertising

Richard NewmanJanuary 22, 2014November 3, 2014 Industry News 1

This is a guest post brought to us by Richard B. Newman. Richard is one of the top internet law attorneys in the industry and his insight and knowledge on compliance and regulatory procedures are second to none. You can find out more about Richard here. The Federal Trade Commission has

California’s Do-Not-Track Disclosure Requirements to Take Effect on January 1, 2014

Richard NewmanDecember 27, 2013February 5, 2014 Industry News 4

The following is a guest post brought to us by Richard B. Newman. You can visit his site at http://www.hinchnewman.com/ The California Online Privacy Protection Act of 2003 ("CalOPPA") requires operators of commercial websites and online service providers to conspicuously post a privacy policy that discloses to consumers, among other things, the categories