FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews
[Post by Venkat Balasubramani with some comments by Eric] In re Legacy Learning Systems, Inc., FTC File No. 102 3055 [FTC Release] [Complaint (pdf)] An FTC press release notes that the FTC settled with Legacy Learning over allegations that Legacy…
Jan.-Feb. 2011 Quick Links, Part 4
By Eric Goldman Internet Freedom * The EFF points out the inconsistency between Hillary Clinton’s speech championing Internet freedom abroad when our own US government has gone rogue on its own citizens, including unlawful domain name seizures and an obsessive…
Unsuccessful 230(c)(2) Defense for Blog Comment–Mealer v. GMAC
By Eric Goldman Mealer v. GMAC Mortgage LLC, 2011 WL 744895 (D. Ariz. Feb. 24, 2011) Mealer is an automotive entrepreneur. He posted about General Motors to his company blog. He alleges that Kordella, a GM engineer, disparaged Mealer in…
Jan.-Feb. 2011 Quick Links, Part 2
By Eric Goldman Search Engines Google’s search algorithm has been very much in the news the past 2 months! * Google’s announcements: – “Google search and search engine spam” – Matt Cutts explains Google penalties in a video. – “Microsoft’s…
Ripoff Report Gets Another 47 USC 230 Dismissal–Herman v. Xcentric
By Eric Goldman Herman v. Xcentric Ventures, LLC, 1:10-cv-00398-CAP (N.D. Ga. Feb. 14, 2011) This is a run-of-the-mill lawsuit against the Ripoff Report by an unhappy vendor. Herman is a lawyer (once again, the dreaded lawyer-as-plaintiff) unhappy with a posted…
Defamation, False Information & 47 USC 230 Talk Slides
By Eric Goldman Earlier this week, I spoke at a PLI event, “Social Media 2011: Addressing Corporate Risks,” on the topic of “Defamation, False Information and 47 USC 230” (this link takes you to the talk slides). I tried to…
Court Dismisses Class Action Against Spokeo for Lack of Standing — Robins v. Spokeo
[Post by Venkat Balasubramani] Robins v. Spokeo, 10-cv-05306 (C.D. Cal. Jan. 27, 2011) Spokeo is a website that bills itself as an aggregator of hard-to-find information about people. Robins filed a complaint against Spokeo for violation of the Fair Credit…
CA Anti-SLAPP Cases Involving Consumer Reviews as Matters of Public Concern
By Eric Goldman (with research assistance from the HTLI Graduate Fellow Michael Scapin) As I’ve indicated previously, I support efforts to enact a federal anti-SLAPP law. While I think it’s a good idea for a number of reasons, I especially…
Yellow Pages Companies Challenge Seattle Opt-out Ordinance on First Amendment Grounds
[Post by Venkat Balasubramani] Dex Media West, Inc., et al. v. City of Seattle, et al., Case No. 10-cv-01857 (W.D. Wash. complaint filed Nov. 15, 2010) In what many will probably characterize as a dinosaur’s last gasp litigation strike, two…
Class Action Brought by “Lonely and Vulnerable” Men Against Online Cupid Site Moves Forward — Badella v. Deniro Mktg.
[Post by Venkat Balasubramani with some comments by Eric] Badella v. Deniro Marketing LLC, 10-03908 CRB (N.D. Cal.; Jan 24, 2011) This is a good one. A group of plaintiffs brought a putative class action against an online dating website…