1. What is the term for the type of e-mail that Donahue received offering a sample of...

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1. What is the term for the type of e-mail that Donahue received offering a sample of the nutritional supplement?
2. Assuming that the information contained in the e-mail was not false or misleading, did it violate any federal law? Why or why not?
3. Is it clear that the company that sold the acai berry supplement to Donahue was engaged in a crime relating to her credit card? Why or why not?
4. Suppose that when Donahue clicked on the link in the e-mail, malicious software was downloaded onto her computer. Whenever Donahue subsequently typed in her personal information online, that program then recorded the keystrokes and sent the data to cyber crooks. What crime has been committed, and why might it be difficult to prosecute?

One day, Kendra Donahue received an e-mail advertisement offering a free sample bottle of a “superfood” nutritional supplement made from acai berries, which are supposed to boost energy and aid weight loss. She clicked on the link to place an order and filled out an online form with her name, address, and credit-card number to pay for the shipping charges. Although Donahue read the terms displayed, nothing on the page indicated that she was signing up for a monthly shipment. Shortly before the bottle of pills arrived, Donahue received a phone call from her credit-card company asking if she had authorized a charge on her credit card at a grocery store in Israel. She told the company representative that she had not. When Donahue received her credit-card statement, she found a number of other unauthorized charges. A month later, she received a second bottle of the supplement in the mail and then discovered that her credit card had been charged $85 for this shipment. She called the 800 number on the invoice, but no one answered, so she contacted the seller via the Internet. An online agent at the seller’s Web site indicated that she would cancel future monthly shipments to Donahue (but claimed that the terms were posted at the Web site). In order to obtain a refund, however, Donahue would have to pay to ship the bottle back to a post office box in Florida. If the bottle arrived within fifteen days, the company would refund the charges. When asked about the unauthorized charges on Donahue’s card, the seller’s agent claimed that the company did not sell her credit-card information to any third party or have any contacts with Israel. Using the information presented in the chapter, answer the following questions.

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Business Law Today The Essentials

ISBN: 978-0324786156

9th Edition

Authors: Roger LeRoy Miller, Gaylord A. Jentz

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