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Temporary relief from compliance obligations under the Corporate Transparency Act
FEATURED
December 5, 2024
Temporary relief from compliance obligations under the Corporate Transparency Act
By: Steven Eichorn
On December 3, 2024, a U.S. District Court[1] issued a nationwide preliminary injunction that enjoins the federal government from enforcing the Corporate Transparency Act (the CTA). The CTA requires “reporting companies” in the United States to disclose basic identifying information about their beneficial owners — the individuals who ultimately own or control a company — to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The court issued the injunction because (i) the CTA represents a federal attempt to usurp a power left to the states since it is monitoring companies created under state law, and, under the Constitution, the federal government cannot interfere with the state’s rights in creating corporations, and, (ii) the CTA aims to terminate an attractive feature…
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Will Free Speech Become Expensive for Big Tech?
December 2, 2024
Will Free Speech Become Expensive for Big Tech?
By: James Trusty
Section 230 of the Communications Decency Act[1] is the federal law that allows internet platforms to host online content without fear of lawsuits based on third party content. In other words, for hosting free speech, internet providers are given immunity from liability if the speech somehow crosses the line from protected free speech into unprotected territory (defamatory, criminal solicitation, etc.). With the recent presidential and…
Dolce Vita Ruling a Win for Cookies and Pixels Alike
November 21, 2024
Dolce Vita Ruling a Win for Cookies and Pixels Alike
By: Robert Ward
In recent years, companies in industries from media to healthcare have faced a rash of lawsuits challenging their use of common web tracking technologies such as the Meta Pixel. These cases generally allege that the use of such tracking technologies violates common law privacy protections and a wide range of state and federal privacy statutes. Late last month, in Vita v. New England Baptist Hospital,…
Prepaid Phone Companies Dial a Wrong Number at the FCC
September 12, 2011
Prepaid Phone Companies Dial a Wrong Number at the FCC
By: Nicole Kardell
Companies marketing prepaid phone cards should be on the lookout: the Federal Communications Commission is threatening more-severe penalties for deceptive advertising. The prepaid phone card business is pretty profitable, with the industry raking in billions every year. Plastering phone cards with names like “Africa Magic” and “Hola Amigo,” prepaid calling card companies target immigrant populations, advertising thousands of minutes of talk time to immigrants’ native…
Google Agrees to Forfeit $500 Million: What Does This Mean for Affiliate Marketers?
August 29, 2011
Google Agrees to Forfeit $500 Million: What Does This Mean for Affiliate Marketers?
By: Jeff Ifrah
In an unusual and little-noticed recent settlement, Google Inc. has agreed to pay a forfeiture of $500 million because it permitted Canadian pharmacies to advertise to United States consumers on its site using Google AdWords, resulting in the illegal sale of prescription drugs through online channels into the United States between 2003 and 2009. The U.S. Department of Justice announced this agreement on August 24,…
What Priorities Will FTC Stress in Its Impending Online Advertising Guidelines?
August 21, 2011
What Priorities Will FTC Stress in Its Impending Online Advertising Guidelines?
By: Nicole Kardell
If you advertise or sell over the Internet, be aware that changes are afoot at the FTC that will affect your business. The Commission is in the midst of revamping its Dot Com Disclosures, guidelines it prepared back in 2000 regarding online advertising. It issued a request for public comment on prospective revisions in late May. Now that the comment period has ended in early…
FTC’s Mortgage Acts and Practices Advertising Rule May Not Help Consumers
August 15, 2011
FTC’s Mortgage Acts and Practices Advertising Rule May Not Help Consumers
By: Nicole Kardell
The FTC recently issued the Mortgage Acts and Practices – Advertising Final Rule. This rule is the FTC’s response to a congressional directive to address unfair or deceptive acts in the mortgage loan industry. Briefly, the MAP Rule (1) gives the FTC and state authorities the ability to seek civil penalties for deceptive mortgage advertising, (2) clarifies and provides examples of what constitutes deceptive mortgage…
Should FTC Sue Law Schools For Misrepresentation?
July 11, 2011
Should FTC Sue Law Schools For Misrepresentation?
By: Jeff Ifrah
On May 25, 2011, a class action was filed against the Thomas Jefferson School of Law (TJSL) in San Diego for intentionally misrepresenting employment data of recent alumni. The complaint states that in order to continue attracting students despite exorbitant law student debt and a depleted legal job market, TJSL has “adopted a practice of misrepresenting its post-graduation employment statistics.” These facts aren’t unique. According…
