Here are some specific guidelines under the CAN-SPAM Act that have emerged from some fairly recent FTC cases (i.e. FTC vs. Jumpstart Technologies, LLC and FTC v. and Optin Global, Inc.). Your business should use these case decisions as a sort of practical checklist on what not to do: Avoid Subject Lines that Falsely Suggest an Existing Read More…
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Is Your Favorite Store Tracking You?
Did you know that when you visit certain stores, some of your actions may now be tracked! Recently, an increasing number of retail stores are beginning to use WiFi enabled smartphones to track their customers movement within the store. The information being tracked seems innocuous. For example, data collected has included how long a customer Read More…
The 6 Basic Things The CAN-SPAM Act Does!
FIRST, the law regulates and makes criminal the following activities: Accessing a protected computer (basically any computer used in interstate commerce or communication) without authorization, and intentionally initiating the transmission of multiple commercial emails from or through such computer (the term “Multiple emails”means more than 100 emails during a 24-hour period, more than 1,000 emails during Read More…
New Top-Level Domains Coming Soon!
If you thought there were already too many top-level (TLD’s) domains available, get ready for an avalanche! If you are not already familiar with domain hierarchy, a top-level domain (“TLD”) is the core suffix of the domain, such as .com, .net, .org, etc. Most TLDs with three or more characters are referred to as “generic” Read More…
Understanding CAN-SPAM Email Laws 101!
Many businesses use emails as a means of marketing and promotion. The instantaneous and direct nature of a targeted message to your in-box can be a powerful form of advertising. Not to mention it’s an extremely cost-effective and efficient method of advertising. In response to the explosion in the use of email mass marketing, Congress Read More…
Restricting Competition with Your Internet Business!
You can legally restrict, or in some cases prohibit, competition with your business through use of binding Non-compete Agreements. A Non-compete Agreement is essentially a contractual provision, or a separate agreement itself, that prevents one of your employees, consultants, agents or independent contractors from engaging in activities that compete with your business. Non-compete agreements go Read More…
How Non-Solicitation Covenants Protect Your Business!
Non-Solicitation of Customers & Employees Similar to any other investment or hard asset, your customer base and employees need to be protected. After you have spent considerable time, effort and expense in training and cultivating core employees to operate your business, these individuals become assets. Your customer base is always an asset and should always Read More…
New California Online Privacy Laws Bring Big Changes!
California is at again! Recently, the state has enacted a wave of new online privacy laws that website, online service, application or database operators that collect personally identifiable information must follow. Of course, many websites, apps and online services are made available to a national and/or global audience, including residents of California.> There are 4 Read More…
Why Your Business Should Always Use Employment Agreements!
There are a variety of issues you should be aware of if and when you employee others. The basic principles of employee relations that affect your business or its future dealings should always be considered. First and foremost, employment agreements are a necessity. These Agreements are not only useful, but extremely valuable for a variety Read More…
When Are My Independent Contractors Considered Employees?
Sometimes, businesses may find it necessary to outsource certain activities. Even if a business does not intend on hiring employees, it may still find itself in need of recurring services by some individual. Especially in the realm of e-commerce, where cloud computing and some recent software applications have given rise to numerous solely-owned businesses. The Read More…