1H 2017 Quick Links, Part 5 (Advertising, Contracts)
Advertising * David A. Hyman et al, Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, 19 Yale J.L. & Tech. 77 (2017): “We tested sixteen examples of native advertising. For fifteen of the sixteen examples, fewer than 50% of…
Facebook Persistent Tracking Lawsuit Crashes Again
This is a lawsuit based on Facebook’s tracking of users while they are logged out. The code for a “like” button implemented by third parties apparently causes the browser of a consumer visiting the third party page to send a…
Facebook Isn’t Liable for Fake User Account–Caraccioli v. Facebook
I blogged about this case last year. (This case is also indexed in our compendium of nonconsensual pornography cases). In my prior post, I described the facts: Franco Caraccioli is a third-year law student in San Diego. For reasons not…
Your Movements Shall Be Traced: The New EU Regulation on Cross-Border Portability (Guest Blog Post)
by guest blogger Marketa Trimble On May 18, 2017, the European Parliament adopted with amendments the EU Cross-Border Portability Regulation (Regulation (EU) of the European Parliament and of the Council on cross-border portability of online content services in the internal market)….
How a Chipmunk Emoji Cost an Israeli Texter $2,200
by Gabriella Ziccarelli and Eric Goldman [Eric’s introduction: Gabriella is a star SCU Law alum and an associate at Blank Rome in DC. She is also a former Internet Law student of mine. As a teacher, it’s gratifying to have a former student…
New Draft Paper on Emojis and the Law
I have posted a draft article, entitled Surveying the Law of Emojis, to SSRN. I will be posting excerpts from the article here over the next few weeks. I would gratefully appreciate your comments on the draft. I am also…
Catching Up On Some Recent Click Fraud Rulings
After all of the excitement over click fraud a decade ago, we don’t often see click fraud cases any more. However, just in the past couple months I’ve seen 3 rulings that I wanted to share with you. Wickfire, LLC…
Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber
This is a lawsuit against Uber alleging that it improperly assessed a cancellation fee without advising the rider in advance. Uber sought to compel arbitration. The court declines. The arbitration clause is contained in Uber’s terms of service, and the…
FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts
As you may recall, the FTC is pursuing 1-800 Contacts for antitrust violations based on 1-800 Contacts having sued and then settled with competitors who bought keyword ads on 1-800 Contacts’ trademarks. Recently, the FTC filed its “Complaint Counsel’s Corrected…
E-SIGN and EFTA Permit Telephonic Consent to Automatic Debits with Mailed Confirmation–Blatt v. Capital One (Guest Blog Post)
[By guest blogger John Ottaviani. John is an attorney with the Rhode Island and Massachusetts-based law firm Partridge Snow & Hahn LLP. His practice focuses on transactions, contracts, and intellectual property protection for businesses of all sizes. He is also a member of the…