Facebook Debt Collection Case Is Definitely A First

Getting tagged in a drunken photo is no longer the most embarrassing thing that can happen to you on Facebook. Earlier this year St. Petersberg resident Melanie Beacham fell $362 behind on her car payments.  Her debt collection agency MarkOne Capital tried contacting her through the phone (up to 20 times per day) but then moved on to using Facebook to send bizarre messages to her friends and family.

Feeling like something wasn’t right about being contacted through her social graph by the absurd user profile Jeff Happenstance (whose profile image now seems to be an ominous array of cars), Beacham went to Morgan and Morgan consumer protection attorney Billy Howard who then filed an unprecedented lawsuit against MarkOne Financial.

It turns out that contacting debtors through the social network is a big no no, at least in Facebook’s perspective. In a statement they gave to The Atlantic.

“There are state and federal laws and FTC regulations that govern the actions of debt collectors. The collector in the St. Petersburg case likely violates a number of these laws and regulations and we encourage the victim to contact the FTC and her state Attorney General.

In addition, Facebook policies prohibit any kind of threatening, intimidating, or hateful contact from one user to another. We encourage people to report such behavior to us, only accept friend requests from people that they know, and use privacy settings and our blocking feature to prevent unwanted contact.”

The FTC Fair Debt Collection Practices Act is currently in the process of being amended (it hasn’t been updated since 2006) and does not specifically deal with social networking. It does however protect against “contact by embarrassing media” and it remains to be seen whether Facebook messages will count.

The Beacham case will be the first time someone has sued a debt collector for their use of Facebook and the first time someone has put through a motion to enjoin the use of Facebook to contact a debtor’s family and friends. Howard says the danger with Facebook is that collectors can reach out a lot easier and reach a lot more people than a phone call.

Howard recommends that anyone who receives a Facebook message from a debt collector screen capture and save the messages as evidence, “Contacting family and friends through Facebook is 21st century buggery. Some of these tactics that debt collectors take, wouldn’t even know if John Gotti would have allowed them.”

Court documents below.

Image: Switched.

Information provided by CrunchBase


The Future Of Paywalls: Microtransactions, Buy-Ins, And Content Wars


A few nights ago, I was discussing with a friend the practicability of putting content behind a paywall. He felt it was an outdated notion and that advertising or some other method would pay. I disagree. Despite recent setbacks, like the decimation of the Times UK’s readership during their paywall experiment, I think that the paywall will eventually succeed, and even thrive — but the advances and sacrifices necessary to make that happen aren’t likely to happen for at least a few years.

Consumers are wary, for good reason, of paying for content online, for the obvious reason that it’s usually available elsewhere for free. Even “exclusive” items are usually duplicated shortly being made available. Publishers and content providers are scrambling for ways to retain their status as news-breakers and innovators — things worth paying for. But miserly consumers and new rules of distribution mean that things must change. The way I see it, the future may be free, but somebody still has to pay for it.

Continue reading…


Forkly Unstealths Itself: A Mobile Recommendation Network For Your Tastebuds

Back in September, we broke the news that not only had two of location startup Brightkite’s founders left the company, but that they were working on a new project together. While we weren’t able to dig up much about the new startup at the time, we did learn that it was called Forkly. Today, co-founder Brady Becker is opening up a bit more. “We’re hungry, and this time it’s personal,” he writes.

So what is Forkly? Essentially, it’s a recommendation app for finding food. But unlike the popular Foodspotting, which focuses on individual dish pictures, Forkly is focusing on personalized restaurant recommendations based on your own tastes.

How exactly they’re going to do this is still a bit vague. Becker writes that the current power players that rely on star ratings from people you don’t know is a flawed system. And he also says that simply asking your social graph is flawed too because friends have different tastes. Here’s the key part:

We’re building Forkly to make it ridiculously easy to match your taste buds with the food and restaurants around you. Forkly helps you to quickly capture your opinions about your dining experiences. We then use those opinions to offer personalized restaurant, food and drink recommendations, based on YOUR individual tastes.

So it sounds like they’ll have an app which will allow you to quickly rate a restaurant and its food based on certain criteria. They’ll then match those criteria against others in the system to recommend new places and dishes to you. Of course, that’s my overly simplified guess, I’m sure. The magic will be in if it works or not.

I’m sure we’ll hear more in the coming weeks and months.

Information provided by CrunchBase


OMG/JK: The Path To A World With No Subject Lines

Just in time for the weekend, it’s time for another episode of TechCrunch TV’s OMG/JK. Even better, this is a special episode, because we spend the show talking about two especially big topics, instead of our usual three. Get excited.

This week’s show focuses primarily on the new Facebook Messages, the social network’s take on the future of communications. It’s got chat, SMS, and email, bundled in a package that will probably make teens leap for joy (the word’s still out on everyone else).

We also talking about Path, the new photo sharing service started by long-time Facebooker Dave Morin. Make sure to check out our launch coverage here.

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Ask a VC: Nic Brisbourne Defends London’s Entrepreneurial Honor

Oh, Nic Brisbourne. Unlike most VCs who come on Ask a VC who are used to my rude, outspoken American ways, Brisbourne is British and therefore incredibly polite. As this interview goes on he gets more visibly uncomfortable until the end when he brings up Spotify, and I just go a little pit-bull on him.

But social graces aside, we have a fascinating chat about the investing scene in London and Europe generally. We discuss when an entrepreneur should stay in London, when they should move to the Valley, whether funding activity is picking up as it is in much of the rest of the world and the beauty of lifestyle businesses. Enjoy.


Foursquare Gets Pepsi, SCVNGR Answers With A Fizzy Partner Of Its Own: Coca-Cola

Location-based services are currently in a race to lock up the biggest brands and retailers they can. Earlier this month Facebook ran a major promotion with the Gap; Chipotle is also using the platform to offer buy-one-get-one-free deals. This morning, Fast Company reported that Foursquare has forged a deal with Pepsico. And today SCVNGR is announcing that it’s scored a partnership with arguably the biggest brand of all: Coca-Cola.

SCVNGR CEO Seth Priebatsch says that the company has been gunning to land Coke for some time (and that its competitors have as well). The campaign will take the form of custom, coke-themed SCVNGR challenges that will appear in 10 major malls across the country through the end of the year. Players who complete these challenge will be eligible for rewards like Coke bottle openers (meh) and $100,000 worth of American Express gift cards (more tempting). Players will be able to redeem these challenges at each malls’ information booth. And on Black Friday, Coke will actually have teams of people in the malls urging customers to try out the challenges.

Obviously this is a big win for SCVNGR, especially if it can maintain a relationship with Coke to run more campaigns in the future. Since its rewards platform launched over the summer, Priebatsch says that SCVNGR players have redeemed some $1.5 million worth of free goods.

The timing of today’s soft-drink related announcements seems like more than a coincidence, but it’s worth noting that Foursquare’s deal is quite different from SCVNGR’s. As reported in Fast Company today, Foursquare has actually partnered with Safeway/Vons to integrate with the grocery chain’s existing rewards program — this helps lower the barrier to get users playing the game, because it happens automatically at check-out. Users are rewarded with different Pepsi products based on their Foursquare history.

In contrast, SCVNGR probably won’t be going the auto-checkin route any time soon, because it’s focused primarily on offering engaging challenges rather than the check-in itself.

Information provided by CrunchBase


Hitwise: Facebook Accounts For 1 In 4 Page Views In The U.S.


Hitwise has released another staggering data point in favor of Facebook’s domination today. According to Hitwise’s data, 1 in 4 page views in the US took place on Facebook.com as of last week.

In March, Hitwise reported that Facebook overcame Google to become the largest website in the U.S. with 7.07% of all U.S. visits. Google was second at 7.03% at the time. As of September, comScore reported that Facebook was behind Google, Yahoo and Microsoft.

Hitwise also says that visits to Facebook have increased by 60% from the same week last year and represented 1 in 10 US Internet visits last week. And the market share of page views for Facebook was 24.27% last week, 3.8x the volume of the 2nd ranked website YouTube.com with 6.93%.

Of course, it’s important to note that this doesn’t include visits from outside the U.S. and excludes mobile traffic.

Information provided by CrunchBase


Accel Sold Big Chunk Of Facebook Stock At $35 Billion Valuation

Sometime in the last week or so, we’ve heard from multiple sources, Accel Partners has sold very significant chunks of Facebook stock. So significant, in fact, that their ownership percentage has dropped to a point where they are no longer the largest venture shareholder in the company.

Prior to the sale they had somewhere around 10% of Facebook. They paid just $12.7 million for that stock, in 2005. Our understanding is they sold somewhere around 20% of that position, meaning they own 8% or so of Facebook now.

So who bought it, and what was the price?

One source said TCV purchased some $200 million of the stock. And another source says Andreessen Horowitz purchased $80 million in Facebook stock out of their massive new fund.

The price? A year ago Elevation Partners bought $90 million in Facebook stock at a roughly $9 billion valuation. Then earlier this year they invested $120 million more at a $14 billion valuation.

We’ve heard these current trades occurred at a $35 billion valuation from one source. Another said $40 billion, and yet a third said “way lower.” Whatever the price, it’s likely half a billion dollars or more that Accel is taking off the table. Our guess is the valuation is somewhere between $20 billion and $35 billion.

To be clear, we haven’t confirmed some of this. But it’s pretty clear Accel is selling a lot of Facebook stock right now, and that at least Andreessen Horowitz is one of the buyers – they confirmed to us that they have begun buying shares, but won’t comment on price or number.

Update: More information from a new source with knowledge of the deal. Accel has sold a substantial amount of stock Something less than 20% of their total holdings, and the sale(s) are occurring at a $35 billion enterprise valuation. That’s a 247x return on Accel’s initial investment. Our best guess is it was total sale of around $500 million. It’s still unclear if Accel or DST is now the largest venture shareholder of Facebook.

Andreessen Horowitz confirmed that they purchased stock from Accel, but it was just a fraction of the total stock sold by Accel.

It’s also worth noting that Accel Partner Jim Breyer’s personal stake in Facebook is worth some $350,000,000 (minus dilution for subsequent venture rounds and employees since 2005) at this new valuation. He purchased 1% of Facebook for himself at the time Accel invested. Not a bad day at the office.


Two Chinese Online Video Sites Going Public: Which Should Investors Buy? (TCTV)

Bill Bishop, an investor and consultant based in Beijing, joined me via Skype to talk about this white-hot Chinese Interent IPO market, that’s even welcoming unprofitable companies into the Nasdaq. “It’s been a crazy couple months, and it looks like it will be crazier through Christmas,” he says. “The goldrush is back.”

One of the most interesting corners of that goldrush is online video. Between dozens of competitors, soaring bandwidth costs, piracy issues and government crackdowns, this has been one of the harder areas for Chinese upstarts to succeed and more than a dozen have died. A lot of Silicon Valley money has died with them. But left standing are YouKu and Tudou and both have filed paperwork to go public.

They are frequently called the “YouTubes of China,” but both are actually becoming the home of more premium and even original scripted content. These companies may have started with a user generated content bent but are more like a Hulu than a YouTube now, or even an HBO or AMC. It seems UGC is hard to monetize everywhere.

With hundreds of millions of uniques per month– they are sucking up insane amounts of bandwidth. The two leading companies Tudou and YouKu have raised more than $300 million between them and only Tudou is close to profitable. Some IPO cash would help them dramatically, as would the marketing event that goes along with a successful IPO.

But with two companies with roughly the same user base and roughly the same revenues both getting ready to file– which one should investors buy? Bishop helps us make sense of the market.


What’s New At Tumblr: Funding, Hires, Office, Board Member, And A Focus On Fashion

For the past several weeks, there’s been a lot of talk about a large new round of funding that the social startup Tumblr was raising. That culminated today with a report in Fortune with numbers on the round. We had been hearing very similar numbers — around $25 million on a $100 million pre-money evaluation — but it turns out those numbers were likely low, we had heard from sources close to the funding.

But while the numbers are still a bit up in the air, we do know that as Fortune and Business Insider reported earlier, Sequoia Capital is leading this new round. And we’ve heard that previous investors Spark Capital and Union Square Ventures are on board once again. Further, like Business Insider, we’re hearing that Sequoia’s Roelof Botha will join Tumblr’s Board as a part of this investment, which will likely close in the next couple of weeks.

We spoke with Tumblr founder David Karp earlier today, and while he declined to comment on any of the funding news, he did offer up some other details about the company, and where they’re heading.

First of all, Tumblr just opened a new office in New York City. For the past several months they were working at capacity at their old office, with a team of 12. But with the new space that Karp says is roughly four times as big, they’ve already expanded to 16 people now. And they’ll be at 20 employees before the end of the year, Karp says.

Given the growth Tumblr is seeing, it’s pretty incredible that they’ve been able to keep up with only a team of 12, but Karp admits that it has been a challenge. And they’re now putting the focus on ramping up hiring to make sure they can keep pace. He expects they’ll be at 30 employees by early next year, most of them engineers, essentially tripling the size of the company in just a few short months.

If you’re wondering how they’re paying for this hiring spree, see: above.

Karp notes that he worked really hard to keep the team small up until this point, to keep everyone focused, but says that they now have so many directions that they want to go in, that they need more people. One of those is a new Director of Product, Derek Gottfrid, who they nabbed from The New York Times, as we first reported last week.

Another new hire is Rich Tong, a co-founder of Weardrobe, which sold to Like.com in late 2009. Tong is Tumblr’s first specialized community director, leading the fashion community. This is a key area of focus for Tumblr going forward as this community makes up a full 16 percent of Tumblr’s most popular sites, Karp says.

He notes that in the next few months, a huge focus for Tumblr will be how to better cater to the creative communities they’ve attracted. Fashion, film, photography, these are all hugely important to the platform, he says. Karp believes that focusing on them will help separate them from that other social network, Facebook, which has not done a good job of handling these specialized communities so far. In fact, Karp considers Facebook to be “arguably hostile” towards them.

Tumblr wants to be “the best place in the world for the best creative communities,” Karp says. He wouldn’t give any specifics about what they’re thinking about doing here, just that it’s a key area of focus.

Karp declined to disclose any sort of revenue numbers, but does say that they’re making a good amount just from the theme community alone. Tumblr currently sells customized themes, created by the community, at a variety of prices. They split the revenues with the theme creators at an “App Store-like split”, but it is a tiered system. The more expensive the theme, the more generous the split is, he says.

When the new money comes in, you can probably expect Tumblr to continue to focus on scaling and the product short term, rather than any big money-making schemes, is what I’m hearing. You know, the Twitter model.

[photo: flickr/David Karp]


Q&A Site Formspring Lands Another $10 Million

Q&A site Formspring, which raised $2.5 million in Series A funding back in March, reportedly closed its Series B this morning in a $10 million round led by Geoff Yang at Redpoint Ventures. This most recent financing pegs the company at a $45 million dollar valuation.

Formspring is yet another player in the Q&A space piquing investor interest. Since its launch in November, the service now boasts over 16 million registered members, 40 million monthly uniques and around one billion questions answered. Quora, another buzzed about Q&A site, is much much smaller at a modest 200,000 monthly uniques.

Formspring plans to use the cash to focus on building out more social integration into its service. Its first financing round attracted such hot angel investors as SV Angel, Travis Kalnick, Kevin Rose and Dave Morin.

Information provided by CrunchBase


The TechCrunch Guide to the Web 2.0 Summit

The seventh annual Web 2.0 Summit wrapped up yesterday after an exciting week of panels, interviews, and discussions at the Palace Hotel in San Francisco. The star-spangled lineup for this year’s events included Facebook CEO Mark Zuckerberg, Google CEO Eric Schmidt, Federal Communications Commission Chairman Julius Genachowski, and big-ticket investors like John Doerr and Fred Wilson.

For Web 2.0′s theme this year, conference co-organizers Tim O’Reilly and John Battelle chose “points of control,” explaining, “Fifteen years and two recessions into the commercial Internet, it’s clear that our industry has moved into a competitive phase—a ‘middlegame’ in the battle to dominate the Internet Economy. At this year’s Web 2.0 Summit, we’re focusing on these shifting points of control—strategic chokepoints on an increasingly crowded board.”

According to the event’s symbolic map above, territorial rivalries have begun to manifest in the technology world — as have areas of conflict. A conversation between New York Magazine’s John Heilemann and VC big wigs John Doerr (Kleiner Perkins) and Fred Wilson (Union Square Ventures) exemplified this, as the group argued over meaty, contentious issues like whether the tech industry is in a bubble or boom cycle, innovation on the East Coast versus the West Coast, the state of investing and more. TechCrunch writer MG Siegler found it to be one of the highlights of this year’s event; check out his coverage here.

Mark Zuckerberg spoke about Facebook’s new mail client, known as “Facebook Messages,” which the company hopes will reflect the transition to “Next Generation Messaging,” as younger generations move away from using email. He also spoke about Facebook’s recent conflicts with Google, its proposed role as an “enabler” of innovation among small start-ups hoping to disrupt traditional verticals, and, perhaps most interestingly, discussed why focusing on “points of control” overlooks the most critical territory in the industry’s landscape — its “uncharted” waters. Watch the video and read Alexia Tsotsis’s take here and Jason Kincaid’s in-depth review here.

Other points of interest include Twitter Founder Evan Williams’ discussion of the company’s complicated relationship with Facebook and how Twitter has been secretly assigning each of its individual users a “reputation score.” Eric Schmidt also showed off a “Nexus S” and said that we might expect the arrival of Gingerbread in the “next few weeks.” Just in time for Christmas? Peep Devin Coldewey’s analysis here.

For more in-depth TechCrunch coverage, check out our complete list of posts below:


In The Giving Mood, Amazon Also Unveils MP3 Gifting (That Can Magically Become Amazon Gift Cards)

Earlier today, we noted that Amazon unveiled a new way to give people Kindle books as gifts. They’re also launching the same functionality for their Music Store as well, with MP3 Gifting.

To be honest, it’s a little surprising that Amazon didn’t have this feature before. But it comes with a nice little bonus that only someone like Amazon can offer: if you receive an MP3 as a gift and decide you don’t want it, you can instead opt for an Amazon credit for the same amount, which you can use towards any product they offer.

Just as with the Kindle book gifting feature, you simply have to enter a recipients email address, add a message, and choose the MP3(s) you want them to receive. Then you pay for it, and you’re done. They’ll get a message that an MP3 gift is waiting for them and a link to download it.

Amazon says the process takes less than 5 minutes. And because Amazon’s MP3s are DRM-free, they’ll work anywhere.

Information provided by CrunchBase


Anonymously Chat With Other College Students On HowRandom

HowRandom, a site for college students, launches today with one core feature — the ability to anonymously chat with people from other schools. There’s no photo uploading, file sharing or video capabilities, just a text entry line and a chat widget.

The student on student communication happens on two levels, a test function where you casually enter in your school (warning, you have to type the full word “University”) and a verified function which allows you to type in your .edu address in order to get “Verified” as a bona fide college student.

Explains founder Jon Cook, “It’s a way for guys at Harvard to meet girls at Yale, etc. And it’s not intrusive. HowRandom has a very solid viral loop. It has the Facebook-like .edu exclusivity. And it’s extremely simple to use.”

Cook and co-founder Jason Humphries think of HowRandom as more of a social experiment than a business. They hope it will mirror the randomness of life and “foster real-world meetings and interactions between two people that might otherwise never meet. ” Like a text-based Chatroulette with no penis problem, there’s also a next feature in case you don’t like who you’re chatting with.

Cook says he wants to keep evolving the app through user feedback, and is considering including limited profile option along with the “Verified” logo.

Facebook initially restricted its users to college students with .edu addresses and that element was crucial to its success, this is also HowRandom’s hook. Colleges are hotbeds of virality in more ways than one, and starting off there is a good move for any social app.


Resolute Marine Wins Startup Open, Converts Wave Energy To Clean Water And Power

Resolute Marine Energy— a Boston startup whose technology harnesses wave energy for power generation, and transports seawater to on-shore desalination facilities— won Global Entrepreneurship Week’s inaugural Startup Open, the competition’s directors revealed today.

As their prize, co-founders and core team members of Resolute Marine receive an all-expenses-paid, one-day trip to the island owned by Sir Richard Branson where they will embark on a Maverick Business Adventure. These events draw groups of entrepreneurs together to network while engaging in some crazy activities, like cage diving with Great White sharks, off-road racing or kite boarding.

The Startup Open was run by the Kauffman Foundation, the Kansas City organization dedicated to the study and promotion of entrepreneurship, using iStart software (formerly StudentBusinesses.com) to receive, review and process applications.

Unlike typical business competitions, there was no final pitch event, judges did not meet to review applications, and winners were selected based on compiled judges’ scores. Winners were picked from a pool of 50 finalists. The competition received 144 qualifying applications.

The chief operating officer and co-founder of Resolute Marine, Olivier Ceberio, spoke with TechCrunch about his company and the win. The following is a condensed version of the conversation.

Q: What does your company do?

A: Basically, Resolute Marine Energy uses the incredible power of the ocean to produce drinkable water and electricity.

William Stady who is my co-founder and chief executive, and I really wanted to solve a serious global problem. Over one billion people today lack access to safe drinking water. Over thirty percent of people, meanwhile, are living within 100 kilometers of the ocean according to a study we read by the Socioeconomic Data and Applications Center.

People who lack access to safe drinking water also usually lack access to the power grid or affordable power. Our small scale system converts energy from the waves into electrical power or into pressurized seawater, so we can provide both drinking water and clean, more affordable power.

Q: How does your technology work?

A: Our engineering team led by Cliff Goudey and Allan Chertok have been working on a wave energy converter that’s not portable, but easy to ship and set up. It’s somewhere between two and three meters of width. One power plant and desalination processor for a community of about 30,000 people would have fifty of these, perhaps.

The wave energy converter is like a pedal. It is attached to the bottom of the sea, or the seabed. When a wave starts, the pedal moves back and forth. It extracts energy from the wave, and we use that to produce either electrical power or pressurized sea water. It can produce one or the other. We send those to the shore to drive a desalination system. The technology transports energy, or it can transport pressurized seawater, which is an input to the desalination processing systems on-shore.

We have not created a desalination processing system ourselves. For that, we will partner with other companies. We have begun talking with some of the world’s largest providers of small scale desalination systems.

Q: Who are your customers? Are your systems out on the market yet?

A: We have an early stage customer with whom we plan to do a commercial product installation by the end of 2012 in South Africa. We’re considering that as our launch market. When we do our commercial pilot, the idea will be to install our wave energy converters, and a desalination processing system, then let it work for a couple of months producing water in a self-sustaining, off-the-grid way.

When we are ready to commecialize the system and install it, the wave energy converters will be in situ for 10 years or up to 20 years, and we will provide maintenance over that lifetime.

We have to test our system out before the commercial pilot, probably in New England most likely in Maine. In the U.S. three states that are very active in wave energy research are Maine, Oregon and Hawaii. But worldwide, the core of the wave energy industry would be in Scotland, and Australia with some others in Europe where governments really want to find and use renewable energy. I feel that U.S. has been somewhat behind in this.

Q: How will winning this competition effect your business?

A: Anything that can help us get to commercialization as soon as possible is helpful. These competitions are critical for us. They help you get endorsements, press, [access to new] networks, feedback on your projects and from the community beyond the cleantech professionals you know.

We competed at Ignite Clean Energy in 2009, which is now a part of the Cleantech Open, and at Masschallenge this year where we were among the finalists. We got in-kind services but no major cash prizes. We have also won several government grants. Surprisingly they are not near enough to pay for everything a cleatech startup needs.

We will be raising private capital to finance all the aspects of our business from intellectual property protection, to rent and marketing. We will also continue along the competition circuit, and hope to compete and win prize money from some that are focused on water technology.