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Consumer Protections Posts
A Report From Affiliate Summit East, 2013
Aug 29, 2013
A Report From Affiliate Summit East, 2013
Since 2003, online marketers and merchants have been gathering twice a year to take part in the Affiliate Summit Conferences. In recent years, Ifrah Law has become a fixture at these shows, and our associate Rachel Hirsch is not only widely recognized as the face of the Ifrah Law Power Booth station, but also as…
New TCPA Changes Going into Effect Soon – What They Mean
Aug 27, 2013
New TCPA Changes Going into Effect Soon – What They Mean
On October 16, 2013, two changes will go into effect in the rules implementing the federal Telephone Consumer Protection Act (TCPA). Importantly, these rules impose stricter requirements on mobile messaging and prerecorded telemarketing calls. The rule changes, announced back in February 2012, may spur further litigation concerning the scope of the TCPA. All businesses should…
NLRB: Use of Social Media Can Be Protected Employee Activity
Jan 21, 2013
NLRB: Use of Social Media Can Be Protected Employee Activity
The rise of social media has led to the application of old law to new forms of communication. For instance, an effort by the National Labor Relations Board to educate workers on their right to engage in protected concerted activity has left some employers feeling that the NLRB went too far in supporting employees’ rights…
Can ‘Disparate Impact’ Become the Basis for a Fair-Lending Claim?
Dec 31, 2012
Can ‘Disparate Impact’ Become the Basis for a Fair-Lending Claim?
As part of its aggressive program to protect consumers in financial matters, the Consumer Protection Financial Bureau (CFPB) has announced that it is prepared to adopt a controversial “disparate impact” theory of liability against lenders. A case that the U.S. Supreme Court may accept would have a major impact on whether the CFPB is actually…
FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers
Dec 3, 2012
FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers
The Federal Communications Commission recently ruled that companies may send a one-time text message confirming a consumer’s opt-out of texts without violating the Telephone Consumer Protection Act (“TCPA”), and potentially facing large class action lawsuits. This pro-business ruling represents a victory for SoundBite, the company that sought a declaratory ruling from the FCC, as well…
Judge’s Ruling on Antitrust Complaint Has Implications Far Beyond the .xxx Domain
Nov 2, 2012
Judge’s Ruling on Antitrust Complaint Has Implications Far Beyond the .xxx Domain
A recent decision by a federal judge in California has brought ICANN’s broad authority over the domain name system once again into question. Manwin Licensing International – perhaps the most lucrative provider of online adult-oriented content – brought an antitrust action against ICANN arising from the establishment of the .xxx top-level domain and the award…
CFPB’s First Case: Consent Order Against Capital One for Deceptive Marketing
Jul 20, 2012
CFPB’s First Case: Consent Order Against Capital One for Deceptive Marketing
The barely year-old Consumer Financial Protection Bureau came out of the gate this week with its first enforcement action. Capital One has the dubious honor of being CFPB’s premier target under the bureau’s authority to take action against entities that it believes engage in unfair, deceptive, or abusive practices in the offering of consumer financial…
In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids
Jul 6, 2012
In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids
Kim Kardashian, the reality star, is accustomed to the public eye, but now she faces a lawsuit that may not bring her good publicity at all. Along with her sisters Khloe and Kourtney, Kim has been named as a defendant earlier this year in a class action over QuickTrim, a dietary supplement that they have…
High Court Tosses Out Indecency Cases, Finds FCC Didn’t Give Proper Notice to Broadcasters
Jun 22, 2012
High Court Tosses Out Indecency Cases, Finds FCC Didn’t Give Proper Notice to Broadcasters
On June 21, 2012, in FCC v. Fox Television Stations Inc., the U.S. Supreme Court struck down the Federal Communications Commission’s effort to apply its indecency standard to brief broadcasts of nudity and “fleeting expletives.” But the Court relied not on the First Amendment’s free-speech guarantees but rather on the Fifth Amendment’s due process clause….
Domain Names Go Creative: Will We Soon See Dot-Poker?
Jun 13, 2012
Domain Names Go Creative: Will We Soon See Dot-Poker?
Domain names on the Internet are about to get much more varied and creative. Soon websites will not just end in the few familiar suffixes like “com” or “edu,” but could end in things like “.movie” or ”.lawyer” or “.lol.” On Wednesday, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization tasked with…
