A recent California case reminds businesses and website owners that browsewrap and clickwrap agreements must be conspicuous for courts to enforce them. See Long v. Provide Commerce, Inc., 245 Cal.App.4th 855 (2nd Dist. 2016). It may be time to review your agreements to ensure they still comply with existing law. What are Clickwrap and Browsewrap… READ MORE

As many know, the Federal Trade Commission (“FTC”) regulates unfair and deceptive business practices including such practices on the internet. One of the more vexing recent issues has been business use of “consumer” reviews, “likes,” rating systems and similar types of product and service endorsements on websites and on social media. In September 2017, the… READ MORE

Businesses that engage in deceptive and unfair internet practices are subject to injunctions and large monetary damage awards under the Federal Trade Commission Act (“FTC Act”). Just as importantly, the owners and principals of businesses can be held personally liable. In the case discussed below, FTC v. Ross, the website owner was fined $163 million… READ MORE

FTC Dot Com Disclosure Requirements

In May 2000, the FTC Dot Com Disclosure requirements were released. That document explained the applicability of the Commission’s consumer protection statutes, rules, and laws to online advertising and sales. In May 2011, the FTC sought to modify and update the document according to the innovative changes in the online world. The updated document was… READ MORE

Jerk.com: Actually A Jerk

Jerk.com billed itself as the “anti-social network.” For a $30 membership fee, the site allowed users to vote on whether other people were jerks or not. The site also included the usual social network amenities, like a profile page and the ability to post and comment on updates. Users could also submit anonymous reviews about other users. However,… READ MORE

FTC and APEC: New Case Involves Cross-Border Privacy

The Federal Trade Commission (FTC) Act gives the FTC the power to prevent and punish unfair business practices in all aspects of business within the United States. The FTC usually involves itself when companies purposefully mislead the public in facts about the company’s business. Recently, the FTC published its first case regarding the Asia-Pacific Economic… READ MORE

There are two sayings in particular that have become common phrases in today’s society. Because many of us are convinced that Google knows all, “Google it!” Second, and definitely growing in popularity is “There’s an app for that!” While the use of Google to help us understand and learn many new things is an invaluable… READ MORE

Who is Machinima?

ASUS, a Taiwan-based computer company, has recently agreed to settle with the Federal Trade Commission over charges stemming from insecure routers and cloud services. The complaint alleged that ASUS compromised the personal information of h…

The Federal Trade Commission’s (FTC) mission is to protect the consuming public from deceptive or unfair business practices. The FTC accomplishes these goals using a variety of strategies, including keeping businesses accountable for false advertising, preventing anti-competition, and helping to enhance informed consumer choice, just to name a few. The FTC governs any trade channels… READ MORE