In general, internet commerce transpires on the national and international levels. Naturally, data protection is an important concern for private and public agencies. The European Union’s remaining members are currently in the process of another process to protect data with the “General Data Protection Regulation” (GDPR) set to take effect…
Articles Posted in Consumer Law
CAN-SPAM Act – Part I
Spam, for those lucky enough to be unfamiliar about it, are those unsolicited commercial emails that often clutter up inboxes with offers of sales and services that range from the reliable to the questionable. Due to the issues presented to consumers, Congress, in its wisdom, enacted a law called the…
Class Action and the Song-Beverly Credit Card Act
Class certification can be a complicated issue that does not just rely on fulfilling the usual requirements. For example, in Gass v Best Buy Co., Inc., an issue of fact had to be determined in order to confirm the class action certification. What was the court’s decision in Gass v.…
Anti-spam Laws
The CAN-SPAM Act is the federal act that preempts state anti-spam laws. In response to this federal statute, California, and many other states have passed similar anti-spam laws. Do you have a new company that needs to market to a broader community? Will your company create an email list to…
The Legality of Penny Auctions
In an online penny auction, participants purchase bids for a fee, with each bid placed on a particular item increasing the price of the item by a small increment (e.g., one penny) and extending the bidding period for that item by a few seconds. The last participant to place a…
Internet Dating Services and Legal Liability
In these days, many people spend time on their electronic devices to become members of internet dating services. Many companies are now providing online dating services to their members. In general, the online dating services require their members to submit a profile, which may include personal information (e.g., name, email…
Why Does a Business Need Cyber Liability Insurance?
The purchase of commercial general liability and umbrella insurance policies are ways to protect your business from liability. However, these types of policies have not adapted to protect policyholders from certain types of cyber liability. This issue was recently exposed in a case against Urban Outfitters, Inc., and its subsidiary,…
Social Media Advertising
In recent years, social media has allowed users to instantly communicate with each other. Social media also provides a low cost and high-yield forum for communications. Because of these effects, social media is becoming the preferred way for advertisers to reach customers. A marketing campaign that includes social media can…
Mobile Apps and Consumer Privacy Rights
As mobile technology improves, we all do more on our mobile devices—e.g., banking, shopping, and gaming are just a few examples. The Wall Street Journal estimates the mobile apps market as a $25 billion industry. New businesses and entrepreneurs may want to jump into this growing market. When new developers…
Web Scraping and Related Legal Issues
Computers are learning to do it all—even surf the Web. These computers, or programs, explore the World Wide Web, gathering information and processes for use in other forums. This technology, which is known as “web scraping” may also threaten website and consumer privacy concerns. Indeed, websites have a proprietary interest…