The FTC recently updated the CAN-SPAM Act (stands for Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) to clarify certain requirements that affect commercial emailers.  If you send commercial email, and especially if you have affiliates that potentially send commercial email, you will want to stay up to date on the requirements of CAN-SPAM.   The FTC clarified 4 basic topics: 

The first involves the "unsubscribe process" that has always been a part of the CAN-SPAM requirements (you must provide a valid and functioning unsubscribe method).  The new FTC rule now clearly states that you cannot charge a fee for the right to opt out (seems obvious), you can’t require someone to provide personally identifiable information as part of the unsubscribe process,  or to have to take multiple steps beyond sending a simple unsubscribe reply email or visiting one web page. 

The second issue involves the common situation where a commercial email is really coming "from" more than one party.  The clarification allows the designation of a single party as the "sender" for purposes of CAN-SPAM.  The single party must meet certain requirements, however (must meet the definition of sender under the Act, for example) and it is important to note that if the designated sender does not comply with the other requirements of the Act, the other parties involved in the email can still be held responsible for those violations. 

The third issue simply clarifies that the requirement of a valid physical address in the body of the commercial email may include an accurately registered P.O. Box or private mail box (doesn’t necessarily have to be a street address).  Obviously, the address must still be valid.

The fourth issue simply clarified that when the Act mentions "person" it also means corporations, LLC’s, and other valid legal entities (no hiding behind your corporate veil).

These updates and clarifications are very useful to legitimate emailers because it removes some of the doubt that existed previously.  Be sure to review your email practices from time to time to be sure you are in compliance with all of the requirements of CAN-SPAM.

Resource: Internet-Legal.com Blog

In case you missed it, last month a class action lawsuit against Rogers, Telus and Bell was certified. The suit claims that Canadian cellphone subscribers were misled about the $6.95 to $8.95 monthly so called “system access fees” or “license fees”. See CTV.

Resource: Gahtan’s Technology and Internet Law Blog

On October 5, 2009, the Federal Trade Commission announced revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, effective Tuesday, December 1, 2009. [Federal Register Notice] [Revised Guides] Some of the more significant changes include: Advertisements that feature a consumer conveying atypical experiences with a product or service must now disclose [...]

Resource: Computer and Internet Law

I recently acquired a Redfly Mobile Companion from Celio. This device provides much (but not all) of the functionality previously promised by Palm for its never-released FOLIO. The Redfly, the size of a very small laptop, provides a larger screen and keyboard for using a mobile phone. It is ideal [...]

Resource: Gahtan’s Technology and Internet Law Blog

is a question that I (and I would imagine many lawyers) get a lot.  Entrepreneurs obviously want to know whether a potential course of action they are thinking about taking will end up causing them to be sued – by a customer, by a competitor, or by anyone else.  And, unfortunately, this question is usually not conducive to a "Yes" or "No" answer.  Like many answers in the law (especially intellectual property law) in which little is black and white, the best answer we can often give is "it depends." 

The reason "it depends" is that we are trying to predict (because we certainly can’t control) the actions of a third party (and their lawyer). In our judicial system, anyone can sue anyone at any time for almost anything.  Doing so does not mean they will ultimately be successful, of course.  They might even lose on summary judgment, which basically means that a judge has decided there is no legal merit to their case even before a trial has occurred.  But the defendant will still have to get to at least that point, and getting there takes time and money.  Given that in the U.S. everyone pays their own lawyer (unless there is a statutory or contract provision stating otherwise), you can can expend significant resources vindicating yourself.  Which may make you feel like you have lost, even when you have won.  Whether or not a lawsuit is filed depends in part on the legal merits of the claims to be made, of course, but, unfortunately, it also depends on the motivations of the potential plaintiff, the financial resources they may have, and the advice that they are getting from their business colleagues and lawyers.  Some lawsuits are filed for little more reason than as a bullying tactic.

So, when asked to give my opinion on whether or not you will get sued, I always start with an explanation like I have above.  We can then get to the merits of the potential case, actions you may take to avoid a potential lawsuit (the focus of my law practice), and whether or not you are likely to prevail if you do get sued.  But the question of whether or not a lawsuit will be filed is one that cannot be definitively answered.  I understand that that is not a very satisfying answer for an entrepreneur but sometimes it is the best we can do.

Resource: Internet-Legal.com Blog