Caveat Vendor http://caveat-vendor.com/ Shape Up Substantiation or Tone Down Claims Thu, 17 May 2012 12:00:00 -0400 http://caveat-vendor.com/Skechers-FTC-settlement-substantiation-Shape-Up-ads http://caveat-vendor.com/41 M. Lily Woodland On Wednesday morning this week, the Federal Trade Commission announced a $40 million settlement with Skechers regarding claims that the company’s “toning shoes” would help people lose weight and strengthen and tone their buttocks, legs and abdominal muscles.  Read More ›

]]> Redbox and Robert Bork Sun, 11 Mar 2012 12:00:00 -0400 http://caveat-vendor.com/redbox-video-privacy-destruction-Bork http://caveat-vendor.com/39 Behnam Dayanim Loyal readers of this blog may recall that we have written on two prior occasions about Redbox.  Well, here is a third. Read More ›

]]> FTC Approves COPPA "Safe Harbor" Program Thu, 01 Mar 2012 12:00:00 -0500 http://caveat-vendor.com/FTC-approves-COPPA-safe-harbor http://caveat-vendor.com/38 M. Lily Woodland Earlier this week, the FTC approved the Integrity Children’s Privacy Compliance Program, designed by Aristotle International, Inc., as a “safe harbor” program for purposes of implementing the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  Website operators that participate in a safe harbor program are generally subject to the review and disciplinary procedures of that program, rather than formal investigation or enforcement action by the FTC.  The Integrity Program marks the fifth safe harbor program approved by FTC under the COPPA rules and is the most recent development in an active period of agency review and implementation of COPPA. Read More ›

]]> “App Law”: Development Continues Wed, 08 Feb 2012 12:00:00 -0500 http://caveat-vendor.com/FTC-mobile-phone-apps-criminal http://caveat-vendor.com/37 M. Lily Woodland Earlier this week, the Federal Trade Commission sent letters to developers of six “background screening” applications, warning marketers and developers of the apps that providing information about criminal records may violate the Fair Credit Reporting Act. Read More ›

]]> Police Surveillance - There's An App For That? Thu, 02 Feb 2012 12:00:00 -0500 http://caveat-vendor.com/GPS-Surveillance-Supreme-Court http://caveat-vendor.com/36 John M. Tanski I’ll admit it.  I feel naked without my Blackberry.  Even going down to the food court in my building sans smartphone is enough to send a surge of stress hormones through my veins.  What if a client needs me while I’m in line for a burrito? Read More ›

]]> Prepare To Be Inundated? Supreme Court Affirms Federal Jurisdiction of TCPA Suits Tue, 24 Jan 2012 12:00:00 -0500 http://caveat-vendor.com/TCPA-file-suit-private http://caveat-vendor.com/35 M. Lily Woodland The Supreme Court’s ruling in Mims v. Arrow Financial Services Ltd. last week put to rest the question of whether state courts are the “exclusive arbiters” of private rights of action under the Telephone Consumer Protection Act.  The answer is a unanimous no, and the path is now clear for private plaintiffs to bring an action for violation of the TCPA in either state or federal court. Read More ›

]]> Nutella: Part of a Tasty Balanced Breakfast, Just Like Chocolate Syrup Thu, 19 Jan 2012 12:00:00 -0500 http://caveat-vendor.com/nutella-classaction-settlement http://caveat-vendor.com/34 Evan T. Lee In 2009, my wife and I were introduced to Nutella.  It was a wonderful, delicious time.   Read More ›

]]> Redbox Revisited: Just What Is An Electronic Transaction? Sat, 14 Jan 2012 12:00:00 -0500 http://caveat-vendor.com/redbox-zip-code-privacy-decision http://caveat-vendor.com/33 Behnam Dayanim Loyal blog readers may recall my paean to Redbox back in September. In that earlier post, I described a putative class action filed in federal court in California. The suit alleges that Redbox collects zip codes from credit card purchasers in violation of California’s Beverly-Song Act. Read More ›

]]> The Brave New World of Internet Domains Tue, 10 Jan 2012 12:00:00 -0500 http://caveat-vendor.com/icann-domain http://caveat-vendor.com/32 M. Lily Woodland Beginning tomorrow, you too can have your own domain!  Perhaps.   Read More ›

]]> Judge Orders Clorox to Bury Deceptive Kitty Litter Ad Thu, 05 Jan 2012 12:00:00 -0500 http://caveat-vendor.com/clorox-litter-cat-advertising-litigation http://caveat-vendor.com/31 Nicholas A. Geiger Taking a break from his public dustup with the Securities and Exchange Commission, United States District Judge Jed Rakoff of the Southern District of New York recently waded into the gritty depths of the kitty litter advertising world.   Read More ›

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