The High-touch Legal Services® Blog…for Startups!

© 2009-2014 Dana H. Shultz, Attorney at Law

Fraudulent Email Prohibitions Supplement CAN-SPAM

Cover of the California Business and Professions Code, which has a section about fraudulent emailIn Commercial E-mail and CAN-SPAM: What You Need to Know, I discussed how the federal CAN-SPAM Act makes commercial email more truthful, more transparent and more avoidable. This post addresses how California law concerning fraudulent email supplements CAN-SPAM.

In particular, this post discusses preemption, by which, under certain circumstances, U.S. federal laws can invalidate state laws that address a given subject matter. (more…)

Mobile Apps: Respecting Users’ Rights

Federal Trade Commission seal

From time to time, developers inquire about best practices in marketing their mobile apps and protecting users’ privacy. Last month the Federal Trade Commission expressed its opinion on these issues (Marketing Your Mobile App: Get It Right from the Start).

On the marketing side, the FTC has two guidelines:

  • Tell the truth about what your app can do.
  • Disclose key information clearly and conspicuously (make sure that users actually notice your disclosures and are able to understand them).

(more…)