Protecting Consumers

Media Law Prof Blog

From the FCC The FCC has issued a Notice of Inquiry on whether there are additional opportunities to protect and empower American consumers by ensuring sufficient access to relevant information about communications services. As communications technologies and services become more

Google Meltdown Continues With Missouri Attorney General’s Consumer Protection Subpoenas

Music Technology Policy

One of Google’s worst policy nightmares is that state attorneys general will wake up to their obligation under state laws to protect both consumers and advertisers from Google’s overreach.

Law Firm Wilson Sonsini Launches Subsidiary to Develop Consumer-Facing Tech Products

Media Law

SixFifty’s first product, targeted for the spring, will be SixFifty Privacy, a tool for businesses to to assess and plan their compliance with California’s Consumer Privacy Act (CCPA).

Kur on Brand Symbols, the Consumer, and the Internet

Media Law Prof Blog

Annette Kur, Max Planck Institute for Innovation and Competition, is publishing Brand Symbols, the Consumer, and the Internet in NZCIEL Workshop at Wellington, New Zealand, 19-20 February, 2015, Conference Volume (Forthcoming) and Max Planck Institute for Innovation and Competition Research

FCC Sets Up Re-Scan Help Desk for Consumers Dealing With TV Repacking

Broadcast Law Blog

The FCC yesterday announced that it is setting up a consumer help desk , where operators will be standing by to answer questions about rescanning the TV spectrum to find TV stations that have changed channels due to the repacking of the TV band. The help desk will be available to answer consumer questions 7 days a week, from 8 AM to 1 AM Eastern Time.

Estate Map Returns, in a Consumer-Facing Beta

Media Law

In its place, he said then, he planned to launch a new site, to be marketed directly to consumers, […]. The post Estate Map Returns, in a Consumer-Facing Beta appeared first on Robert Ambrogi's LawSites. Remember Estate Map? It launched just over a year ago as a cloud-based tool for estate planning lawyers and their clients. Then, last April, its founder, Minneapolis lawyer Joseph Henderson, announced he was closing it down.

New Consumer Complaint Government Database Launches

Media Law Prof Blog

From MSNBC.com's Red Tape Chronicles, a story about a new website from the Consumer Protection Financial Bureau. The website, the Consumer Complaint Database, allows consumers to report their unhappiness with credit card companies. The CPFB verifies whether there is a

'NBA 2K' Tattoos a "Ploy" to Draw Consumers In, Not Fair Use, Filing Argues

THR, Esq. Entertainment & Media Law Blog

read more. THR, Esq. Tech Tech THR Online

FCC Sets Up Re-Scan Help Desk for Consumers Dealing With TV Repacking

Broadcast Law Blog

The FCC yesterday announced that it is setting up a consumer help desk , where operators will be standing by to answer questions about rescanning the TV spectrum to find TV stations that have changed channels due to the repacking of the TV band. The help desk will be available to answer consumer questions 7 days a week, from 8 AM to 1 AM Eastern Time.

Johnny Football vs Juanito Futbal Trademark Likelihood of Consumer Confusion

Current Trends

We’ll focus on the two big ones: 1) the mark is not functioning as a trademark; and 2) likelihood of consumer confusion with trademark applications for JUANITO FUTBAL and JOHNNY BASKETBALL and JOHNNY BASEBALL.

Consumers and Their Cell Phones

Media Law Prof Blog

The Obama Administration is taking up the cause of cellphone customers who want to keep their cellphones after their contracts have run out. Some of these customers would like to "unlock" their phones and switch to another mobile phone provider

FCC Chair Proposes Action To Address Consumer Complaints On Robocalls, Marketing Calls

Media Law Prof Blog

FCC Chair Tom Wheeler is proposing new ways to protect consumers against unwanted phone calls, including robocalls and sales messages. In a proposal he began circulating today, Mr. Wheeler listed a number of actions which would allow consumers to protect

Get FUBAR Wit It: Über and Lyft Deny Massive Violations of Campaign and Consumer Protection Laws

Music Technology Policy

It was so bad, Über have been hit with a class action lawsuit in federal court asserting violations of the federal Telephone Consumer Protection Act, not to mention spamming laws. It was only a matter of time.

New Site Launches for Consumers to Bid on Legal Services

Media Law

The post New Site Launches for Consumers to Bid on Legal Services appeared first on Robert Ambrogi's LawSites. In the legal-startups category of “here today, gone tomorrow,” lawyer-bidding sites rank right at the top. Just last year, in a single post here, I wrote about the demise of one such site, Shpoonkle, which had launched in 2011 to much fanfare, and the debut of another such site, Lawtendr. A year later, Lawtendr too […].

Judge Wingate to Rule on Whether Federal Government Protects Google or States Protect Consumers

Music Technology Policy

Right on cue, Jeff John Roberts gave his usual Googley spin to Mississippi Attorney General Jim Hood’s investigation into Google: Google and Mississippi meet in court over secret MPAA lobbying.

Lichtman and Nyblade on Filtering Films: An Empirical Study of What Consumers Would Mute and Excise from Hollywood Fare If Only They Could @UCLA_Law

Media Law Prof Blog

Douglas Lichtman and Benjaman Nyblade, both of UCLA School of Law, have published Filtering Films: An Empirical Study of What Consumers Would Mute and Excise from Hollywood Fare if Only They Could.

Estate Map Returns, in a Consumer-Facing Beta

Media Law

In its place, he said then, he planned to launch a new site, to be marketed directly to consumers, […]. The post Estate Map Returns, in a Consumer-Facing Beta appeared first on Robert Ambrogi's LawSites. Remember Estate Map? It launched just over a year ago as a cloud-based tool for estate planning lawyers and their clients. Then, last April, its founder, Minneapolis lawyer Joseph Henderson, announced he was closing it down.

Scardamaglia @abscard on Google, Online Search, and Consumer Confusion in Australia

Media Law Prof Blog

Amanda Scardamaglia, Swinburne University of Technology, has published Google, Online Search and Consumer Confusion in Australia at 42 International Journal of Law and Information Technology 203 (2016).

Adler on Compelled Commercial Speech and the Consumer's "Right to Know"

Media Law Prof Blog

Adler, Case Western Reserve University School of Law and PERC (Property and Environment Research Center), is publishing Compelled Commercial Speech and the Consumer 'Right to Know' in the Arizona Law Review (2016). Jonathan H.

Pandora and Sirius Side by Side And Does Sirius Mislead Consumers?

Music Technology Policy

The company charges consumers separately for music, probably so that users see the cost to Sirius of the music the users enjoy. And they clearly did not pass the savings on to the consumer.

LawyerCams.com Uses Google Hangouts to Help Consumers Find Lawyers

Media Law

Last year, I wrote here about LawZam, a website (and, later, an iPhone app) that aims to connect consumers with attorneys by facilitating free, face-t0-face consultations via live videoconferencing. Now there is another site that does something similar, only this one uses Google Hangouts for lawyers and clients to meet by video. This new site, LawyerCams.com, is [.]. General video

Canadian Radio-Telecommunications Commission Reports That Canadian Consumers Have Lots of Complaints About TV Services

Media Law Prof Blog

The Canadian Radio-Telecommunications Commission reports that consumer complaints about tv services account for two-thirds of complaints about telecom services, although complaints overall are down compared to this time last year.

Taxes On Consumer Electronics and Telecommunications

Media Law Prof Blog

Thierer and Berin Michael Szoka, the Progress & Freedom Foundation, have published The Wrong Way to Reinvent Media, Part 1: Taxes on Consumer Electronics, Mobile Phones & Broadband, in volume 17 of the Progress & Freedom Foundation on Adam D.

Self-Help Legal Sites No Match for Real Lawyer, Consumer Reports Says

Media Law

Self-help legal websites such as LegalZoom , Nolo and Rocket Lawyer are no match for a real lawyer, Consumer Reports concludes in an evaluation of the three sites published in its September issue. Silber , an expert in consumer and commercial law at Hofstra and Yale.

Sprint Signs Consent Degree, and To Stop Calling Consumers On Do Not Call Lists

Media Law Prof Blog

Treasury for violating the FCC''s Do Not Call rules and for continuing to call and/or send texts to consumers who had specifically told the company they did not want any Sprint has agreed to pay $7.5 million to the U.S.

Over the Counter but Under the Radar: Direct-to-Consumer Genetic Tests and FDA Regulation of Medical Devices

JetLawBlog

Look for Over the Counter but Under the Radar: Direct-to-Consumer Genetic Tests and FDA Regulation of Medical Devices in the Spring 2009 issue (Vol. They typically do not require a prescription or any other involvement from a consumer’s health care provider.

Stuntwoman on Syfy's 'Face-Off' Sues After Being 'Consumed By a Fireball'

THR, Esq. Entertainment & Media Law Blog

Tamiko Brownlee alleges that she was severely burned over multiple parts of her body suffered participating on the show, which pitches special-effects makeup artists against each other. read more. The Business SyFy THR Online THR, Esq. Business Face Off

Balancing Commercial Speech and Consumers' Right To Know

Media Law Prof Blog

Jessie Smith Nibley, University of Pennsylvania Law School, has published Commercial Freedom of Speech vs. Consumers' Right to Know: Milking the First Amendment for All It's Worth. Here is the abstract. The FDA's antagonism toward mandatory disclosure by food producers

Canada's Privacy Commissioner Offers Advice For Marketers and Consumers On Complying With Anti-Spam Law

Media Law Prof Blog

Canada's Privacy Commissioner has weighed on the subject of the new Canadian anti-spam statute, CASL which came into effect on July 1, 2014. The Office has issued some guidelines, available here, for those who market online. Here are some guidelines

Wal-Mart is Watching You (or at Least What You’re Wearing).

JetLawBlog

The alleged aim of using the new tags is to ensure the shelves are optimally stocked to cater to consumer preferences, as well as to help prevent theft. Still, pressure from consumer groups has apparently swayed Wal-Mart to approach with caution.

How Broadcasters Could Have Big Liability For Texts And Calls under The FCC’s Recent Order on The Telephone Consumer Protection Act (TCPA)

Broadcast Law Blog

The FCC recently issued a Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) – and that order highlights many issues with broadcasters who use texts or outbound automated calls to the mobile devices of viewers and listeners. The Order makes clear that these restrictions also apply to texts that originate with an online interaction with a website or app, and end up with a text being sent to a consumer.

Avvo CEO Says New Legal Forms Offering Will Help Steer Self-Help Consumers to Lawyers

Media Law

The post Avvo CEO Says New Legal Forms Offering Will Help Steer Self-Help Consumers to Lawyers appeared first on Robert Ambrogi's LawSites. After reporting yesterday on Avvo’s launch of Avvo Legal Forms, I had an opportunity to speak today with the company’s CEO, Mark Britton, who is in Las Vegas, where he is attending Avvo’s annual Lawyernomics conference.

Dish Amends AutoHop Lawsuit, Calls Ad-Skipping 'Consumer's Option'

THR, Esq. Entertainment & Media Law Blog

In new legal papers, Dish no longer refers to its DVR technology as happening "automatically" read more. The Business THR, Esq. Television Tech Dish Network Business

FCC Proposes Revisions To Telephone Consumer Protection Act Regs

Media Law Prof Blog

Released by the FCC today: The FCC has proposed revisions to its rules under the Telephone Consumer Protection Act (TCPA) to further empower residential telephone subscribers to avoid unwanted telephone solicitations. The proposals would require sellers and telemarketers to obtain

Google Feels the Heat from Congress on Sex Trafficking–And Gaslights Public Opinion on @SenRobPortman’s and @RepAnnWagner’s Legislation

Music Technology Policy

According to Consumer Watchdog, which is about the only consumer group that is challenging Google’s stranglehold on the Congress not to mention reality, Google is manipulating search results to promote Google’s point of view on Section 230 reform.

Switching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law

New Media and Technology Law

If your company sells a smart device to a consumer, can it later turn the device into a paid advertising platform? 12, 2016), consumers who purchased a “Slingbox” claimed they bought the device solely to “sling” their cable television service from one place (their home) to another device located anywhere (e.g., The court also found that the consumers failed to allege “injury.” Is there evidence about whether consumers view the addition of ads as a benefit?

Digital Currency App’s Electronic User Agreement Held Enforceable

New Media and Technology Law

Design, consumer interface and placement decisions are more than just an aesthetic issue, but are important to the enforceability of user terms and conditions, particularly in the context of a mobile app, where simplicity and clarity are desired.

Browsewrap Agreement Held Unenforceable Against Consumer Due to Insufficient Notice

New Media and Technology Law

In a significant decision, the Ninth Circuit found that the presentation of a browsewrap agreement on a popular consumer e-commerce site provided insufficient notice of that site’s terms of use, and therefore were not enforceable against a user of the site. It should be noted that no link to the terms of use, nor reference to them, was presented to the consumer as part of the online transaction].

Perzanowski and Hoofnagle on Consumer Confusion Over the "Buy Now" Link for Online Purchase of Digital Goods

Media Law Prof Blog

Aaron Perzanowski, Case Western Reserve University School of Law, and Chris Jay Hoofnagle, University of California, Berkeley, School of Information, and University of California, Berkeley, School of Law, are publishing What We Buy When We "Buy Now" in volume 165

User of Free App May Be “Consumer” under the Video Privacy Protection Act

New Media and Technology Law

The opinion, which reversed the dismissal of the case by the district court, took a more generous view than the lower court as to who is a “consumer” under the statute. There, the district court ruled that a user of a free app was not a “consumer” under the VPPA and that the collection of the user’s anonymous mobile phone MAC address and associated video viewing history did not qualify as “personally identifiable information” that links an actual person to actual video materials.

GPS 40

User of Free App May Be “Consumer” under the Video Privacy Protection Act

New Media and Technology Law

The opinion, which reversed the dismissal of the case by the district court, took a more generous view than the lower court as to who is a “consumer” under the statute. Subject to certain exceptions, the VPPA prohibits “video tape service providers” from knowingly disclosing, to a third-party, “personally identifiable information concerning any consumer.” Consumer” under the VPPA. When is the user of a free app a “consumer” under the VPPA?

GPS 40

Consumer Privacy, Social Networking Sites, and the Right To Be Forgotten

Media Law Prof Blog

Paul J. Steinbart, Arizona State University School of Accountancy, David Truog II, Arizona State University, Mark J. Keith, Brigham Young University, Marriott School, and Jeffry Babb, West Texas A & M University, have published The Right to Be Forgotten: Exploring

Another Legal Site Jumps on the Consumer Ratings Bandwagon

Media Law

My belief is that ratings are a good thing, in that they help consumers make a better-informed decision. We all check consumer ratings and reviews when we buy other products and services. This month, another site added consumer ratings as a feature, as part of a broader relaunch. 1, MyLegal.com added a feature that enables consumers to add reviews of anyone listed in the directory.