resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
A House Divided?
The American Chiropractic Association's House of Delegates voted on 30 resolutions at its annual business meeting in Washington D.C., but two in particular took immediate center stage due to their controversial nature.
How Much Do You Know About the Benefits of Birds Nest?
Edible bird's nest is the nest made by the Swiftlet bird of Southeast Asia that is usually prepared as a soup and prized in Chinese culture as a healthful delicacy.
Integrating Art with Clinical Practice for Patients with PTSD: The Artemis Project
Are you restricted by those one-on-one clinic dynamics? Why not join colleagues and clients in experimental group settings? Three of us volunteered to do just that in Austin on behalf of women veteranss from all branches of the service.
A View From the ER
The University of Western States has inked an innovative agreement with local nonprofit health system Legacy Health whereby UWS sports-medicine fellows can experience observational clinical rotations in emergency-room settings within the Legacy system.
Term Limits: What's in a Word?
It was the French historian and philosopher Voltaire who once declared the Holy Roman Empire was neither holy nor Roman nor an empire.
Animal Acupuncture: A Case Study in the Treatment of Traumatic Injury in the Equine
The rise of animal acupuncture in the U.S. began in the early 1970's as a result of the work by members of the National Acupuncture Association in Westwood, Calif.
Sleep, Less Sleep or No Sleep?
I had a dream I wasn't getting enough sleep. It was a very realistic dream, even though I was probably slightly awake and not really deep dreaming. Most likely I had been dozing, caught in that twilight of sleep and wakefulness.
The Tide is Rising in the Acupuncture Profession
Former President Ronald Regan said, "When the tide rises all boats float." The tide is rising for the acupuncture profession. Many forces outside the profession are helping the tides to rise.
Applying the Thin Skull Principle
The "thin skull" principle, also known as the "you take your victim as you find them" principle, is a legal principle that can be summed up by the following statement.
Talking to Patients About Lumbar Facet Denervation (Medial Branch Neurotomy)
Lumbar facet denervation, more appropriately termed medial branch neurotomy (MBN), is a procedure that may be considered when patients suffer from recalcitrant non-radicular axial back and/or leg pain.
Functional Hip Impingement (Part 1)
Every time I sit down to write an article, I realize how much more there is to know about musculoskeletal pain. I also learn something new every time. (I want to give special thanks to Lucy Whyte Ferguson for assisting with this article.)
The Acupuncturist's Problem
I want share with you some observations and insights into what seems to be the most common problem my colleagues in the acupuncture profession struggles with. If you also struggle with this problem, I hope you get a valuable "aha" moment from reading this.
PCOM Granted Regional Accreditation
Pacific College of Oriental Medicine (PCOM) recently announce it has received regional accreditation from the Western Association of Schools and Colleges (WASC). This achievement reflects five years of hard work on the part of faculty, staff, and students.
5 Simple Steps to Create an Effective Marketing Calendar
In the educational experience of most healthcare practitioners, business and marketing are overlooked topics.
5 Tips for Using Pinterest to Market Your Practice
Pinterest is a very popular, but often under-utilized, social media platform where people can bookmark, or "pin," fun and interesting things from all across the internet.
Medicine is Clumsy, Don't You Be
All medical systems have clumsiness in them. If the technique isn't, the practitioner is. Everyone in every form of medicine is striving to improve. That is why we call it practice.
Marijuana, Apathy and Chinese Medicine, Part 1
This article was written in response to the unheeded acceptance of marijuana as a harmless substance that potentially does good when used for the medical relief of pain.
Optimism = Compassion = Trust
A randomized clinical trial recently published online in JAMA Oncology examined how patients viewed their doctor based upon how the practitioner presented bad news to the patient.
Low Back Pain in Professional Golf: A Common Muscular Relationship
Every sport creates its own unique demands on the body. Some sports require such a myriad of body positions that assessing pathology is often difficult and unpredictable.
Turning a Blind Eye to History – and Reality
The American Medical Association is taking the Supreme Court's Feb. 25, 2015 decision exactly as it always does – by turning a blind eye to history, legal precedent and reality.
January, 2006, Vol. 06, Issue 01
Managed Care Company Hit With $210,000 Judgment
Company engaged in the unauthorized use of Locator database.
By Editorial Staff
An Orange County Superior Court jury in Santa Ana, Calif. found American Whole Health, a managed care company, liable for damages of $210,000 for unauthorized taking and use of names and use of names and addresses of providers from the Web site of MPAmedia, the publishers of Massage Today.MPAmedia attorney Michael Schroeder praised the jury's decision. "This was an arrogant East Coast managed care company that thought they could take private names and addresses off a Web site and use them for junk mail. They even kept doing it after they got caught and were told to cease and desist."
One of the important services MassageToday.com provides to both massage therapists and consumers is the Massage Locator. The Massage Locator is the only online database of every known massage therapist in the United States. Over 2,000 searches are made on the Massage Locator each month. Each one of those searches represents consumers who are looking to find a massage therapist. The Massage Locator is the best referral database on the Internet.
To further protect therapists from unwanted solicitations resulting in their names being added to a bunch of junk mail lists, MPAmedia plants "seed names" that are registered with the U.S. Postal Service on all of its Locators. When a company steals one of the Locator databases off the Web site, they inadvertently mail their junk to one of those seed names and addresses. This is then reported and exposes the fact that the company stole the database.
In the first part of 2004, MPAmedia received a mailing piece from a managed care company called American Whole Health to one of its seed names. A cease-and-desist letter was immediately sent to American Whole Health. They responded by claiming that they were entitled to use MPAmedia's names, and MPAmedia received three additional mailings.
MPAmedia responded by filing a lawsuit in California Superior Court asking for an injunction, damages and legal costs. Interestingly enough, there were no more mailings to the seed names once the lawsuit was filed.
The fact that they did four mailings on different dates to different parts of the country over a five-month period, and that the names they mailed to were no longer in the database, was very revealing. It suggested the possibility that the company tried to cover up the theft of the database.
On Dec. 12, 2005, after three days of testimony, the jury decided unanimously for MPAmedia. They went on to award $210,000 against American Whole Health exclusive of attorneys' fees, which is a separate award to the prevailing party.
This decision is more than just one publisher taking on a managed care company for stealing its database. It reinforces MPAmedia's ability to protect therapists' contact information from companies that would like to take those names to send junk mail. This decision allows MPAmedia the ability to still provide an important online service that facilitates thousands of consumers locating therapists in their area.
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