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So I saw Pink In Concert Last Saturday

Posted: 11 Nov 2013 05:25 AM PST

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5 years ago… or so.. I saw Justin Timberlake in Omaha, NE. and Pink opened up for him. She was really good.

But last Saturday I saw her solo here in Lincoln, NE. and the show was amazing. I had seen her acrobatics before but she has taken it to a whole nother level.

I have seen about everyone that tours in the last several years and as far as raw talented performer she is up there. Katy Perry, Madonna, put on a good show..

I don’t know that anything will ever be as good as Michael Jackson in Soldier Field when I was 12 though. I dunno anything can top that ever.

Check out the promo.. When she flies out into the crowd all spinning upside down and landing on these little perches through the arena its really amazing.

Pink has had an amazing story.. From bad addiction to finding herself and being a mom over the last 10 years. Its very inspirational and I highly recommend if she comes to your area to go see it.

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Free Shirt Friday- PageOnePower.com

Posted: 08 Nov 2013 06:28 AM PST

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This week’s Free Shirt Friday is from Page One Power. Page One Power is a custom link building firm located in Boise, ID. Headed by two brothers, Jon Ball and Zach Ball.

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If you would like to see your website or company featured on Free Shirt Friday click here.

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S.O.S. to SMS: Are You Still Alive?

Posted: 07 Nov 2013 06:00 AM PST

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telephone-consumer-protection-actUnless you've been on an extended overseas vacation, you've probably heard about the stringent new Federal Communication Commission (FCC) telemarketing rule under the Telephone Consumer Protection Act (TCPA) that took effect on Oct. 16 – just in time for the FCC to return from the government shutdown to enforce it, with plenty of help from class action attorneys picturing future luxury vacations of their own.

In particular, you've heard about the central feature of the new rule that some feel poses an "existential" threat to mobile telemarketing: the requirement for "prior express written consent." This means a signed written agreement (E-signature permitted) clearly authorizing contact from a "seller" using an auto-dialer or artificial or prerecorded voice to a cell phone number designated by the consumer. The agreement must disclose that the communication will be made using an auto-dialer or artificial or prerecorded voice and that consenting is not a condition of purchase.

The rule does not "grandfather" in consumers who orally consented before, which means that marketers now have to obtain this consent from them as well as all other consumers before calling or texting them. It may be feasible for marketers to try to do this with consumers whose cell numbers and E-mail addresses they already have – they can simply beam them the written agreement prescribed by the rule and hope they sign. They also, of course, can seek consent in the required manner on their websites and those of their affiliates.

How in the world, though, will companies be able to comply with the written consent requirement for consumers with whom they've had no previous contact and whose numbers they obtain in the thousands from list brokers, marketing partners, and the like? While these consumers may have consented in some earlier fashion to be contacted by a third-party marketer, will that marketer now be required to obtain each of those consumers' signed written consents before transmitting an offer via call or text? The answer to this question – and the continuing viability of mobile telemarketing – may depend on the breadth of meaning given to the term "seller" in the FCC rule's definition of "prior express written consent."

Will "seller" be interpreted to mean a seller who must obtain consent from the consumer directly, i.e., the consumer's signed written consent must be given to that seller, or an agent of that seller? Or will it mean a seller who has permission to call or text a consumer because the consumer has given written consent to someone to receive calls and texts from other sellers? If the former, then it is difficult to see how mobile telemarketing can survive on a mass scale, compliantly at least, in the new regulatory environment.

A clue to how the FCC interprets "seller" can be found in its commentary on the rule, and it is not favorable to a broad reading. It states:
"… A consumer's written consent to receive telemarketing robocalls must be signed and be sufficient to show that the consumer: (1) Received "clear and conspicuous disclosure" of the consequences of providing the requested consent, i.e., that the consumer will receive future calls that deliver prerecorded messages by or on behalf of a specific seller …"

The limitation of consent to receiving prerecorded messages from a "specific seller" is modeled on the Federal Trade Commission's (FTC) Telemarketing Sales Rule (TSR), which imposes a prior express written consent requirement on prerecorded messages only (true as well for calls to residential lines under the FCC rule). Does the restriction of the "specific seller" reference to prerecorded calls in this passage mean that the FCC intends a looser treatment of live robocalls and texts, under which a consumer's signed written consent to receive such communications from third-party marketers could constitute "prior express written consent"? Probably not, since regulatory agencies have a known tendency to give their edicts expansive reach.

Should that view prevail, though? Why shouldn't consumers be able to knowingly consent in writing to receive calls and texts from third-party marketers, especially when they have the right, as provided by the rule, to opt out at any time?

Ultimately, the courts will decide this and other questions raised by the FCC's new regulation. In the balance will hang the future of the "text" as a consumer marketing device.

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I am a TV Junkie.

Posted: 06 Nov 2013 07:25 AM PST

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I keep a running tally of all the series/shows I have watched here.

watching-tv1Right now is the best time of year for a TV Junkie… well I guess depending on the shows you watch.

On Sunday’s I get Walking Dead, Homeland, Board Walk Empire. Tuesday Sons Of Anarchy. Wednesday Ultimate Fighter. Usually thursday/Friday I will pickup on a older series I am watching. Right now its Vikings.

Walking Dead feels like a dead man walking as far as series go… not sure how much longer its going to keep my interest.

Boardwalk empire hasn’t really ever had that massive ups and downs.

Sons of Anarchy is getting good again.. after years of the MC’s getting their asses handed to them.

Homeland has and is currently outstanding. Sure has a few downer episodes like any series.

I have never seen The Wire, which everyone says is a must see… Seen the first couple episodes but just was not interesting.

Now I always get the question… How do you have time for this? I don’t get it.. First off I only sleep 5-6 hours a night normally. I have done that since way back. It started playing video games till the wee hours of the morning… then getting up for work the next day. Kind of got used to running on that much sleep and even if I try I can’t sleep anymore.

So any series you recommend?

 

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