Do's and Don'ts of Mobile Marketing Law
Posted by: Andrew Lustigman
March 09, 2010

A panel of lawyers discussed important issues for every mobile marketer during the "Legal Dos and Don'ts" panel at Mobile Marketing Day, hosted last week by Mobile Marketer and the Direct Marketing Association. Included in the panel was Andy Lustigman. The agenda included insight into law enforcement related to mobile marketing, important cases and best practices, including tips for mobile contests, sweepstakes and promotions. Mobile Marketer's summary of the presentation can be found here.

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How the FCC inquiry will affect mobile marketing: Webinar
Posted by: Andrew Lustigman
September 25, 2009

In August 2009, the Federal Communications Commission launched a sweeping inquiry into the mobile industry and its practices that could result in new regulations impacting the wireless marketplace. The FCC inquiries, which ask for public comment, are focused on three areas: research and development with regards to innovation, competition in the wireless industry and consumer protection with an emphasis on truth-in-billing. Andrew Lustigman participated in Mobile Marketer's September 2009 webinar which addressed how the FCC three-prong inquiry may impact mobile marketing. Please click here to access the archived Webinar.

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Red Flag Rules Article Now Online
Posted by: Jill Abitbol
November 25, 2008

To deal with the growing problem of identity theft, the Federal Trade Commission last year, working with other federal agencies, jointly issued regulations called the "Red Flag Rules", which are now in effect. Although primarily aimed at financial institutions, the Red Flag Rules have a broad scope that expressly includes creditors such as telecommunications companies, and other utilities. Our article, which appears in Mobile Marketer, highlights the compliance aspects of the Rules.

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FTC Delays Red Flags Enforcement until May 1, 2009
Posted by: Andy Lustigman
October 27, 2008

The Federal Trade Commission announced that it will suspend enforcement of the new "Red Flags Rule" until May 1, 2009, to give creditors and financial institutions additional time in which to develop and implement written identity theft prevention programs. Under the Red Flags Rules, covered companies, which includes utilities and telecommunications companies, are required to develop and implement written "identity theft prevention programs." The programs must provide for the identification, detection, and response to patterns, practices, or specific activities - known as "Red Flags" - that could indicate identity theft. Enforcement was slated to begin on November 1, 2009, but has been delayed because of industry confusion and uncertainty.

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Billing Aggregator Bankruptcy Filing Stuns Telecom Industry
Posted by: Andy Lustigman
September 19, 2007

Integretel's recent filing of a Chapter 11 bankruptcy action in the Northern District of California has stunned many experienced telecom players According to court papers filed by the debtor, Integretel's bankruptcy filing was precipitated by the Federal Trade Commission's assertion of a claim for the return of $1.4 million against the reserves of one of Integretel's clients. The court papers indicate that despite being characterized as a reserve, the funds were not segregated as such, and were otherwise unavailable for disbursement, thus causing an asset shortfall

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