Legislation, Regulation Posts

Affiliate Marketers Need to Be Aware of the CFTC

Jun 23, 2013

Affiliate Marketers Need to Be Aware of the CFTC

Some affiliate marketers have recently gotten involved in the risky world of online trading. Online trading, particularly the trading of binary options, has become an attractive alternative for some affiliate marketers to traditional forms of online marketing. However, those companies that do get involved in this market must be aware of the presence of the…

Is Equifax Selling Your Salary Information?

Mar 8, 2013

Is Equifax Selling Your Salary Information?

According to a recent NBC News report, Equifax, one of the three largest American credit reporting agencies, has assembled an enormous database containing employment and salary information for more than 190 million U.S. adults. Very few people knew of the existence of the database, but the information in it allegedly is being sold to third…

Maryland AG Launches New Internet Privacy Unit, Plans Aggressive Enforcement

Feb 5, 2013

Maryland AG Launches New Internet Privacy Unit, Plans Aggressive Enforcement

Maryland Attorney General Douglas Gansler (D) has announced that his office is launching a new Internet Privacy Unit designed to address issues related to online privacy and to ensure that companies are in compliance with state and federal consumer protection laws. The unit will also handle issues related to cyberbullying and cybersecurity. Gansler, who also…

NFL Sacks Football Fan’s Effort to Trademark ‘Harbowl’

Jan 30, 2013

NFL Sacks Football Fan’s Effort to Trademark ‘Harbowl’

When the Baltimore Ravens and San Francisco 49ers won their NFL conference championship games, a Super Bowl matchup emerged with a great storyline — the opposing head coaches are brothers. An interesting legal question has also developed regarding the right to trademarks associated with the match-up between brothers. Last February, Roy Fox, a football fan…

Why California AG’s Online Privacy Crackdown Makes a Big Difference

Oct 31, 2012

Why California AG’s Online Privacy Crackdown Makes a Big Difference

Companies that run websites must comply with laws and rules requiring the maintenance of personal privacy. While federal requirements such as those applicable to financial privacy and children’s privacy gain significant attention, website and app developers also should pay careful attention to state privacy requirements. State regulators are monitoring websites and apps for compliance with…

Employers: Don’t Ask Job Applicants for Their Passwords (at Least in Illinois)

Aug 8, 2012

Employers: Don’t Ask Job Applicants for Their Passwords (at Least in Illinois)

On August 1, 2012, Illinois Governor Pat Quinn signed a bill into law (HB 3782) that prohibits employers from requesting or requiring employees or prospective employees to provide their Facebook or other social networking website passwords. With the new law, effective on January 1, 2013, Illinois becomes the second state (Maryland was the first) to…

Internet Affiliates Fight Back in Court Against Illinois Retail Tax

Jun 30, 2011

Internet Affiliates Fight Back in Court Against Illinois Retail Tax

An organization that represents online affiliates filed suit in federal court this month challenging the constitutionality of a new Illinois law targeted at collecting sales tax from Web retailers. Internet retail giant Amazon.com has threatened to cut off its marketing affiliates in Illinois in an effort to avoid paying the tax, and other companies are…

New Illinois Tax Law May Strike Hard Against Affiliates

Apr 24, 2011

New Illinois Tax Law May Strike Hard Against Affiliates

A new Illinois law purporting to preserve and create jobs in the state may soon be putting Illinois affiliates out of business. Governor Pat Quinn recently signed a law requiring online retailers to collect sales tax on purchases made in Illinois, on the premise that the companies have a presence in the state due to…

Online Sellers Need to Beware of State Attorneys General

Mar 23, 2011

Online Sellers Need to Beware of State Attorneys General

The Pennsylvania Attorney General filed a consumer protection lawsuit last month against Zoommania, LLC, a Philadelphia-based Internet electronics store, for a bait-and-switch scheme the company allegedly employed in online sales and for its creation of new websites to avoid negative customer feedback resulting from the scheme. The complaint, which seeks restitution for consumers, alleges that…

New Law Gives Enforcers Added Power Against Online Marketers

Jan 10, 2011

New Law Gives Enforcers Added Power Against Online Marketers

In the waning days of 2010, the lame-duck Congress passed, and President Obama signed, a law that is almost certainly going to have major effects on the affiliate marketing industry. The FTC is poised to begin enforcing the “Restore Online Shoppers’ Confidence Act,” which is intended to protect consumers from deceptive online sales tactics –…