Category: Law

So tell us how you REALLY feel

People will sometimes ask me why I hate the Lead Generation (lead gen) and Payday Loan industries. Ultimately, it’s because they have such deep problems that I don’t think that any self-respecting ESP should take them on as a client. This morning, I saw a [acp author=”United States Federal Trade Commission” id=”FTC-01″ title=”Data Broker Defendants Settle FTC Read More

What happened to Compu-Finder?

The [acp author=”Canadian Radio-television and Telecommunications Commission” title=”CRTC Chief Compliance and Enforcement Officer issues $1.1 million penalty to Compu-Finder for spamming Canadians” id=”CRTC-01″ media=”website” url=”http://news.gc.ca/web/article-en.do?mthd=tp&crtr.page=1&nid=944159&crtr.tp1D=1″ year=”2015″ month=”March” day=”5″ year_access=”2015″ month_access=”March” day_access=”5″ ]{author} announced[/acp] today that they have issued their first penalty against someone for sending email in violation of Canada’s anti-spam law. The penalty is substantial Read More

Spammer escapes slammer (Updated)

The Lompoc Record is reporting that Jeffery Kilbride has escaped from the minimum security federal lockup. Kilbride was convicted in 2007 of offenses primarily related to the CAN-SPAM Act. Among the things that were apparently included was an allegation that Kilbride and his partner had impaired the ability to track them down by using false Read More

CASL Loophole?

In looking at the new regulatory framework for CASL which was just released late on Tuesday of last week by [acp title=”CASL81000-2-175 (SOR/DORS)” author=”Industry Canada” media=”website” year=”2013″ month=”December” day=”3″ id=”IC_CASL-01″ url=”http://fightspam.gc.ca/eic/site/030.nsf/eng/00273.html”]{author}[/acp], I noticed a this bit: 3. Section 6 of the Act does not apply to a commercial electronic message… (f) if the person who sends Read More

“Forward to a Friend” and Germany

Lots of folks have been talking recently about a September [acp author=”Federal Court” title=”Judgment of the First Civil Senate of 12.09.2013 – I ZR 208/12″ year=”2013″ month=”September” day=”12″ id=”GFC-01″ url=”http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&Datum=2013-9&Seite=5&nr=65732&pos=170&anz=263″]German Federal Court ruling[/acp][acp footnote]I found an HTML version that I could run through Google Translate here.[/acp] that “emails sent using a ‘send to a friend’ function Read More

Ten Business Days Doesn’t Help

I unsubscribed from a mailing list recently. When I did, I was confronted with the following message: We’re sorry to see you go. You should be aware that it could take up to ten business days to completely remove your address from our lists. That’s a pretty standard disclaimer that complies with the time limits Read More

Canada’s anti-spam law: Does it apply to me?

Lots of time and space has been dedicated to an examination of Canada’s new anti-spam law.  And we have been watching it too.  For a general overview of the law, I would suggest reading [acp author=”Al Iverson” day=”17″ month=”December” year=”2010″ url=”http://www.exacttarget.com/blog/canadas-anti-spam-bill-c-28-becomes-law/” media=”blog” publisher=”ExactTarget” title=”Canada’s Anti-Spam Bill (C-28) Becomes Law”]{author}’s {publisher} blog post[/acp] about it. Today, Read More

When is a press release an advertisement?

One of the first things I learned when I became a legal assistant is that there are rarely any pat answers. A blanket assertion is almost always wrong. (Did you see the attorney-like weasel wording there?) There has been an interesting discussion on Twitter today regarding a February [acp author=”Michael Arrington” publisher=”Techcrunch” year=”2010″ month=”February” day=”19″ Read More

When is transactional mail not transactional anymore?

An interesting question came across my desk this morning. Here’s the request from someone we’ll call “Joe”: I need some help understanding CAN-SPAM requirements. I represent a membership organization. From time to time, we send marketing message to our members and, of course, some of the unsubscribe from those messages. Now we are getting to Read More

Use Private Domain Registration and Go to Jail?

The 9th Circuit opinion in [acp author=”9th Circuit Court of Appeals” url=”http://scholar.google.com/scholar_case?q=us+v+kilbride&hl=en&as_sdt=6,44&case=17927549797826193178&scilh=0″ title=”USA v. Kilbride” year=”2009″ month=”October” day=”28″ media=”website” publisher=”Google Scholar”]{title}, (9th Cir., {year})[/acp] has been released. This is primarily an obscenity case against the defendants for sending pornographic spam email. But, it also includes a challenge to 18 U.S.C. § 1037 on vagueness grounds. Read More

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