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Consumer Protections Posts
Judge’s Ruling on Antitrust Complaint Has Implications Far Beyond the .xxx Domain
Nov 2, 2012
Judge’s Ruling on Antitrust Complaint Has Implications Far Beyond the .xxx Domain
A recent decision by a federal judge in California has brought ICANN’s broad authority over the domain name system once again into question. Manwin Licensing International – perhaps the most lucrative provider of online adult-oriented content – brought an antitrust action against ICANN arising from the establishment of the .xxx top-level domain and the award…
CFPB’s First Case: Consent Order Against Capital One for Deceptive Marketing
Jul 20, 2012
CFPB’s First Case: Consent Order Against Capital One for Deceptive Marketing
The barely year-old Consumer Financial Protection Bureau came out of the gate this week with its first enforcement action. Capital One has the dubious honor of being CFPB’s premier target under the bureau’s authority to take action against entities that it believes engage in unfair, deceptive, or abusive practices in the offering of consumer financial…
In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids
Jul 6, 2012
In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids
Kim Kardashian, the reality star, is accustomed to the public eye, but now she faces a lawsuit that may not bring her good publicity at all. Along with her sisters Khloe and Kourtney, Kim has been named as a defendant earlier this year in a class action over QuickTrim, a dietary supplement that they have…
High Court Tosses Out Indecency Cases, Finds FCC Didn’t Give Proper Notice to Broadcasters
Jun 22, 2012
High Court Tosses Out Indecency Cases, Finds FCC Didn’t Give Proper Notice to Broadcasters
On June 21, 2012, in FCC v. Fox Television Stations Inc., the U.S. Supreme Court struck down the Federal Communications Commission’s effort to apply its indecency standard to brief broadcasts of nudity and “fleeting expletives.” But the Court relied not on the First Amendment’s free-speech guarantees but rather on the Fifth Amendment’s due process clause….
Domain Names Go Creative: Will We Soon See Dot-Poker?
Jun 13, 2012
Domain Names Go Creative: Will We Soon See Dot-Poker?
Domain names on the Internet are about to get much more varied and creative. Soon websites will not just end in the few familiar suffixes like “com” or “edu,” but could end in things like “.movie” or ”.lawyer” or “.lol.” On Wednesday, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization tasked with…
In Nutella Advertising Case, Whom Is the System Protecting?
May 13, 2012
In Nutella Advertising Case, Whom Is the System Protecting?
The world is full of surprises, like the fact that Nutella chocolate spread is loaded with saturated fat and sugar and is not itself healthy. Ferrero USA, Inc., the company that makes Nutella, learned the hard way that many American parents could not survive (nor perhaps could their children) without the aid and intervention of…
Prepaid Phone Companies Dial a Wrong Number at the FCC
Sep 12, 2011
Prepaid Phone Companies Dial a Wrong Number at the FCC
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,…
Google Agrees to Forfeit $500 Million: What Does This Mean for Affiliate Marketers?
Aug 29, 2011
Google Agrees to Forfeit $500 Million: What Does This Mean for Affiliate Marketers?
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…
Does Google Need to Police Its Ads for Fraud?
Mar 21, 2011
Does Google Need to Police Its Ads for Fraud?
Do Google and other search engines have an obligation to screen their advertisers for those who may be perpetrating consumer fraud? Google has said in the past that its AdWords Content Policy will reject advertisements for sites that make false claims and that it investigates and removes any ads that violate Google’s internal policies, but…
