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New York Affiliate Tax Complicates Affiliate Marketing Programs New York's new tax on online sales generated by New York-based affiliate marketers is raising significant concerns for online retailers and affiliates, who are struggling to meet the State's evolving exemptions. A supplemental Department of Taxation Technical Service Bulletin has further complicated efforts to comply with the law.
Andrew Lustigman To Speak On New York Online Regulatory Developments On October, 6, 2008, Andrew Lustigman will be covering online regulatory developments in New York at the Law Seminars International's two-day conference "Ehavorial, Peer-to-Peer and New Media Marketing: Current Regulatory, Legal, Technological Developments".
Important Developments in the New York State Online Sales Tax The New York Online Sales Tax (commonly known as the Amazon tax) because of its presumed target Amazon.com), went into effect on June 1, 2008. The New York Department of Taxation has issued a Technical Service Bulletin that provides important guidance relating to the new New York Online Sales Tax legislation. Also, on Friday, May 31, 2008, Utah-based online retailer Overstock.com filed a lawsuit challenging the New York law that expands the state's requirements for online retailers to collect sales taxes asking the court to issue an injunction and declare the law unconstitutional.
US Search.com Settles NY AG Investigation Over Use and Sale of Non-public Information The New York Attorney General announced on May 20, 2008, a settlement relating to charges that US Search.com illegally accessed and sold consumer data compiled by credit bureaus to business clients by falsely claiming to have a lawful purpose for the data. Under the terms of the settlement, US Search.com immediately suspend its use of credit bureau data; agreed to pay $250,000 in penalties, (approximately five times the amount it made from selling the allegedly illegally obtained information). The settlement also requires the company's clients to certify that they have a permissible purpose for accessing non-public personal information and allow all certifications to be inspected by the Attorney General's Office upon request. The company is also required to train those responsible for accessing, using or disclosing any non-public personal information to ensure compliance with terms of the settlement and all applicable laws.
Overstock.com slashes NY Affiliates to Avoid NY Tax Law/Amazon to collect tax pending lawsuit outcome In what is likely to be a sign of things to come, major online retailer Overstock.com has decided to terminate its relationship with any affiliate based in New York in order to avoid remitting NY states sales tax under the "Amazon" tax law slated to take effect June 1st. On the flipside, despite a pending lawsuit challenging the statute, Amazon.com has said that it will add sales tax to orders shipped to New York when the law takes effect.
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Amazon Challenges NY Internet Sales Tax Amazon.com has filed a lawsuit challenging New York State's new law forcing out of state online retailers to collect sales tax on shipments to state residents. New York residents making online purchases were previously obligated to pay the applicable tax to New York, the new law requires online vendors to collect New York sales tax on behalf of the state. In its suit, Amazon.com challenges that under the United States Supreme Court Quill decision - which requires a physical presence in the state in order to require collection of sales tax -- the statute is invalid because it requires out-of-state vendors to collect New York tax even if there is no substantial nexus with company and the State.
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NY To Enact Law Taxing Affiliate-Driven Online Sales New York State to tax non-NY business' online sales--what might this mean for you?
Article on Attorney E-mail Encryption Published in Law Technology News Should attorneys and clients encrypt their communications? Jonathan Ezor's new article answers the question.
Defense Verdict Reported in Affiliate Marketing Case Washington-based adult website operator obtained a defense verdict in an action brought by the FTC who alleged that Impulse Media Group, Inc. violated the CAN-SPAM Act by virtue of the acts of its affiliate marketers. In addition to the obvious impact in the affiliate industry, the verdict could impact other actions in which the government seeks to hold companies liable for the acts of its independent agents. Here, Impulse utilized various pro-active measures to combat misconduct by its affiliate marketers. Marketers should be clear that they police how their products/services are being marketed and to terminate those that fail to comply.
Google/DoubleClick Deal Reprecussions The FTC's decision not to challenge Google's planned acquistion of DoubleClick on antitrust grounds opens the door for a potential merger that would combine the industry leaders in targeted portal and third-party advertising. As we reported in Mobile Marketer, if the merger of these market leaders goes through, the impact on mobile marketing and Internet advertising may be substantialAdvertisers and consumers should likely expect greater refinement in targeted advertising on the Web, although advertisers should anticipate fewer choices in non-portal advertising opportunities. While the US authorities are not seeking to block the merger, the European Commission has yet to give its approval.
When Spam Isn't Spam: November 27, 2007 Conference in New York City The Lustigman Firm is co-sponsoring a conference on e-mail law and self-regulation, full of critical info. for marketers and all businesses. Find out more.
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UPDATE: E-mail & Spam Law Conference Postponed "When Spam Isn't Spam: An Unfiltered Look at Self-Regulation and the Law Behind E-mail," which was to be held on Monday, April 30 at Touro Law Center in Central Islip, NY, has unfortunately been postponed. The conference, which chaired by Special Counsel Jonathan Ezor (who is also a Touro professor) and co-sponsored by The Lustigman Firm, featured speakers from Spamhaus, Return Path, The Lustigman Firm, and other experts, and included keynote addresses by David Pogue of The New York Times and Prof. Dave Farber of Carnegie Mellon. A new date and possible venue change for the event will be announced shortly. We apologize for any inconvenience, and we hope to bring you the conference most likely in the early autumn.
UPDATE: E-mail & Spam Law Conference Postponed The announced conference on e-mail law and self-regulation has unfortunately been postponed. Read on for details.
e360 Insight Raises the Stakes, Sues Usenet Posters A Direct Marketer Sues Usenet Posters Over Spam Allegations
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FTC Sends Warning Letters To Advertisers Regarding Spyware Follow up regulatory action to that undertaken by the New York Attorney General previously reported in this blog, the Washington Post reports that the FTC is sending letters to approximately 200 major corporations whose ads the FTC believes to have run through deceptively installed spyware. The Commission refused to disclose which companies will get the letters. The FTC seems intent on following NY’s leads by holding the advertisers responsible for the acts of their publishers, with the first step putting the advertisers on notice of the suspect activity.
US Arrests Founders of Neteller Regarding Processing of Internet Gambling Transactions The founders of Neteller -- Stephen Lawrence and John Lefebvre a publicly-traded UK online payments company, were arrested in connection with a multibillion-dollar money laundering indictment linked to Internet gambling. According to published reports, the government has charged that the pair set up Neteller in 1999 with the express purpose of providing online payment services to gambling companies and that between 2000 and 2003 Neteller offered payment services to various Internet gambling companies so that they could illegally access customers in the United States. This prosecution is part of the United States Department of Justice's growing effort to challenge Internet gambling involving United States residents.
Invitation: Upcoming Conference on E-mail Law and Self-Regulation Information on the April 30, 2007 conference entitled "When Spam Isn't Spam: An Unfiltered Look at Self-Regulation and the Law Behind E-mail" at Touro Law Center.
Living in a virtual world Second Life was clearly generating the most buzz at the 28th Annual Promotion Marketing Law Conference in Chicago. As this world develops, a number of very interesting legal issues will be similarly developing, including how intellectual property rights will be protected as well as exposure for infringing uses. Even though Second Life may be a virtual world, real world issues will nevertheless remain - ranging from basic truth in advertising and claim substantiation to clearance rights. Other questions have to do with law enforcement, data hijacking, copyright infringement, and jurisdictional issues among others.
Post-Conference Report from Copenhagen and Upcoming Conference on E-mail and Spam A post-conference report from the International Conference on Business, Law and Technology, and an announcement of an upcoming conference on e-mail and spam
The Latest in the Debate About Spam Block Lists and False Positives What is the latest in law and self-regulation in the issue of false positives and spam block lists? |
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