Cosumer Protection.

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Federal court rules Telephone Consumer Protection Act does not apply to commercial SMS text messages sent to cellular phones. The ruling came a few weeks ago in Satterfield v. Simon & Schuster, No. C 06-2893 CW, 2007 U.S. Dist. LEXIS 46325 (N.D. Cal. June 26, 2007), a case involving the transmission of an SMS text message promoting a popular author's "mobile club" to a cellular phone used by a seven-year-old child. The defendants, the publishing company that contracted for the transmission of the promotional messages and the service provider that actually sent the messages, argued that the subscriber, the child's mother, had consented to the transmission of promotional messages when, in order to receive a free ringtone, she checked the box in an online form labeled "Yes! I would like to receive promotions from Nextones affiliates and brands…." http://brownraysman.typepad.com/technolo…

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A patient has the right to sue her doctor for deceptive acts and practices in treatment under the state consumer protection act, the Kansas Supreme Court has ruled. (Williamson v. Amrani, 2007 WL 419698 (Kan. Feb. 9, 2007).) Tracy Williamson said her doctor, Jacob Amrani, recommended back surgery and told her it would relieve her pain, when in fact the procedure had been unsuccessful in most of Amrani's cases. Williamson sued him for engaging in deceptive acts and practices and violating the Kansas Consumer Protection Act (KCPA) by representing that the surgery would have benefits that it did not have. (read case on link) http://goliath.ecnext.com/coms2/summary_…

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Anticybersquatting Consumer Protection Act
An infamous cybersquatter named John Zuccarini lost an ACPA lawsuit in October of 2000, when the court awarded the plaintiff statutory damages of $500,000 for each of five domain names that were obtained in bad faith and that were confusingly similar to the plaintiff's trademark. The court also...
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