Legal & Privacy

Mobile will take power from the Web, but compliance won't be easy: DMA Mobile Day

Dianna Dilworth March 05, 2010

To address the fast growing emerging mobile marketing space the DMA held its annual Mobile Marketing Day 2010 in New York on March 4th.
 

Credit laws force new marketing approach

Mary Elizabeth Hurn March 01, 2010

Card-issuing companies now must give consumers 45 days' notice if they change interest rates or most fees or agreement terms, according to the Credit Card Accountability, Responsibility and Disclosure Act.
 

Valassis, News America Marketing settle suits in $500M agreement

Kevin McKeefery February 01, 2010

Media and marketing services company Valassis has agreed to settle its pending lawsuits against News Corp.-owned News America Marketing. NAM will pay Valassis $500 million as part of the agreement, reached on January 30.
 

Should privacy be a marketers top priority?

February 01, 2010

Consumers continue to voice concern about the privacy of their data. But should data privacy issues be at the top of a marketer's priority list? Two experts debate the topic.
 

If It Walks Like a Duck...

Matt Silk, SVP, Waterfall Mobile January 20, 2010

Get consent and give users a chance to opt-out. Seems like a pretty straightforward and simple rule for any direct marketer to follow, right? When it comes to SMS, the same rules apply. Mobile messaging is, was, and always should be a permission-based medium for communications.
 

DMA names officers; Pike retains board spot

Kevin McKeefery October 19, 2009

The Direct Marketing Association this week named Eugene Raitt, SVP for accident and health and CMO for Asia at Allied World Assurance Company, its 2010 board chairman. The group made the announcement at its annual business meeting in San Diego.
 

Pitney Bowes sues Zumbox for patent infringement

Frank Washkuch October 13, 2009

Pitney Bowes filed suit against Zumbox in California Central District Court this month, alleging that Zumbox's Web-based mail system infringes on three of its patents. The suit seeks to stop Zumbox from using technology that Pitney Bowes claims is related to the patents.
 

DMers work to comply with FTC freebie rule

Carol Krol October 12, 2009

Bloggers and marketers will soon have to disclose any freebies and payment arrangements made in exchange for product reviews.
 

USPS rescue plan passes in House

Nathan Golia and Frank Washkuch September 28, 2009

The US House of Representatives passed legislation on September 25 that would allow the US Postal Service to cut the amount of money it is required to pay to its retirement account this year by $4 billion. The continuing resolution, which passed the House by a vote of 217 to 190, was awaiting action in the Senate as of press time.
 

State taxes may impact affiliates across US

Cara Wood September 14, 2009

The Performance Marketing Alliance (PMA) is the latest organization to oppose state tax collection policy based on affiliate marketer location. The trade group announced support on September 2 for a pending New York Supreme Court lawsuit filed by Amazon.com and Overstock.com in July.
 

Three men arrested in largest-ever data breach

Carol Krol August 18, 2009

Three men were indicted in New Jersey on August 17 for stealing more than 130 million credit and debit card numbers, according to the US Department of Justice. It is the largest hacking and identity theft case ever prosecuted by the Justice Department.
 

Amendments to postal bill rile unions

Cara Wood July 30, 2009

The Senate Homeland Security and Governmental Affairs Committee delayed its vote on the Postal Service Retiree Health Benefits Funding Reform Act of 2009 (S. 1507) at a business meeting on July 29. Instead, the committee, chaired by Sen. Joe Lieberman (I-CT), made four amendments to the bill that restrict employee bonuses, increase the annual allowable debt for the agency and require expedited reporting on the USPS's financial health.
 

Rebaters face more laws, enforcement

Gonzalo E. Mon, attorney for advertising and marketing law, Kelley, Drye & Warren July 27, 2009

As consumers become more cautious with their spending, some companies are trying to lure them back into stores with rebate offers. These offers have recently come under increased scrutiny as states pass new rebate laws and regulators challenge companies who fail to comply.
 

PayPal opens up platform to developers

Chantal Todé July 24, 2009

EBay company and alternative payment option PayPal has announced plans to open its platform to third-party developers, allowing them to embed the PayPal payment system into their applications and platforms. "Until now, developer innovation has been stifled by the barriers payment systems impose," said Scott Thompson, president of PayPal, in a statement.
 

People Moves from McCann, Orbitz, Mobile Messenger, Blue Sky

July 24, 2009

LePlae named president at McCann NA...Orbitz CMO and marketing SVP take flight...Iaccarino in as CEO of Mobile Messenger...Blue Sky Factory names Lucas chief of compliance
 

Fake online reviews draw NY suit

Dianna Dilworth July 17, 2009

Last week, New York Attorney General Andrew Cuomo came to a settlement with cosmetic surgery firm Lifestyle Lift, after the firm allegedly published fake consumer reviews across the Web.
 

Industry reacts to self-reg proposals on BT

Dianna Dilworth July 02, 2009

The industry took a significant step in the behavioral targeting and privacy debate by releasing seven best practices principles for behavioral targeting on July 2.
 

Top mobile carriers speaking same language with latest MMA guidelines

Carol Krol July 01, 2009

The Mobile Marketing Association announced on July 1 it has released the latest version - its fourth - of its US Consumer Best Practices Guidelines for Cross-Carrier Mobile Content Services. MMA updates the guidelines twice a year.
 

SendTec files Chap. 11, receives offer

Chantal Todé June 23, 2009

Customer acquisition agency SendTec Inc. recently filed a Chap. 11 petition voluntarily in the US Bankruptcy Court. Concurrent with the filing, the court has received an offer led by management and a group of outside investment firms to purchase assets and continue operations in a new company.
 

Playboy.com sues e-commerce solutions provider eFashion

Chantal Todé June 23, 2009

Playboy.com Inc. has filed a lawsuit against e-commerce and catalog service provider eFashion Solutions LLC, in the US District Court for the Northern District of Illinois, claiming breach of contract. Playboy claims eFashion's moves will irreparably harm the company and force it to shut down its e-commerce and catalog businesses. These businesses generated nearly $17 million in annual revenue before eFashion took them over and have been reduced to approximately $4 million to $5 million under eFashion's operations, according to Playboy's filing.
 

Internet marketers, Web publishers, privacy groups eye House BT hearings

Dianna Dilworth, Chantal Todé June 19, 2009

The battle over behavioral targeting legislation continued Thursday when members of the House Energy and Commerce Subcommittee on Communications, Technology, and the Internet met with the Commerce, Trade, and Consumer Protection Subcommittee.
 

Microsoft's click fraud suit applauded by Internet advertisers

Lynne Miller June 18, 2009

The impact of Microsoft's lawsuit against a trio suspected of carrying out a massive click fraud scam remains to be seen, but experts who follow online advertising welcomed the action and voiced hope that the case would deter people who routinely manipulate clicks on Web ads.
 

Integrate e-mail into a multichannel mix

David Fowler, VP of e-mail marketing strategy at Alterian June 15, 2009

With all the media channels available to communicate with your audience, it's no wonder that the various media — online, offline, mobile, Web site, content management, etc. — seem on a collision course for integration.
 

Data quality is a customer service issue

Daniel Teachey, senior director of marketing, DataFlux June 10, 2009

Direct marketing relies upon reaching a targeted audience, based on customer data gleaned from point-of-sale, subscriptions and purchased lists. The potential for error when dealing with thousands or millions of customer records is indisputable and sometimes devastating. The horror stories are well-known: companies sending credit card offers to pets, children or even the deceased? These mistakes are inexcusable and easily avoided using basic data quality solutions.
 

Sears settles with FTC over Web-tracking software

Chantal Todé June 04, 2009

The Federal Trade Commission is reporting a settlement with Sears Holdings Management Corp. over charges the retailer failed to adequately disclose the scope of consumers' personal information it collected via a downloadable software application. According to the FTC's complaint, Sears invited certain consumers visiting the Sears.com and Kmart.com Web sites to become members of the "My SHC Community" and paid them $10 to participate in on-going interactions with the retailer.
 

New credit card rules could challenge DMers

Lauren Bell, Dianna Dilworth May 22, 2009

Credit card legislation signed by President Barack Obama Friday is expected to seriously impact the credit card industry and consumers' relationships with credit, and as a result, marketing from the industry is likely to change in message as well as volume.
 

ISP-level behavioral targeting stands in the spotlight

Sharon Goldman May 22, 2009

The issues surrounding behavioral targeting moved front and center last week with the news that ISP-level targeting firm NebuAd had effectively shuttered operations in the U.S, though to many the closure came as no surprise, thanks to the scrutiny surrounding their practices.
 

FCC plans digital TV wake-up call

Nancy Kearney May 20, 2009

Some local broadcasters will interrupt their analog signals Thursday in a "soft test" to remind analog viewers they need to prepare for the June 12 deadline for the nationwide digital television transition. The test, which will not affect cable or satellite TV subscribers, will simulate what analog viewers will experience when the transition occurs, the Federal Communications Commission said.
 

OTA announces online trust principles, seeks comments

Cara Wood May 19, 2009

The Online Trust Association released a draft of its 2009 draft Online Trust Principles for public comment. The principles, once verified, will be used to drive adoption by business and regulatory agencies. The aim of the latest set of principles is to prevent, detect and alleviate threats to consumer trust and privacy online. Starting today, there is a 30-day comment period to be followed by ratification procedures.
 

Judge issues restraining order in robocalls suit

Nancy Kearney May 15, 2009

A federal court judge today issued a temporary restraining order against telemarketing company Voice Touch Inc., of Florida, and its business partner, Illinois-based Network Foundations LLC, from making any further calls in violation of the National Do Not Call Registry and other provisions of the Telemarketing Sales Rule (TSR) and the FTC Act.
 

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