Clients appreciate Richard's clear communication regarding resolution options and ability to dispose of matters quickly and inexpensively. His practice differs from other advertising and regulatory defense attorneys in that he is singularly focused, all day, every day, on counseling and representing clients nationwide in complex regulatory and commercial matters from online advertising and lead generation compliance to regulatory investigations and defense, from email marketing, Telephone Consumer Protection Act (TCPA) issues and telemarketing challenges to privacy and data security.
FTC defense lawyer and Internet advertising compliance attorney Richard B. Newman takes the time to learn his clients’ businesses which, in turn, enables him to effectively blend his knowledge of the unique risks and solutions for businesses marketing on the Internet with an extensive legal skill set built over years to develop winning defense strategies, provide creative legal solutions and generate successful litigation outcomes.
Richard serves as outside "inside" counsel to advertisers, advertising networks, affiliate networks, publishers, lead generators, lead aggregators, lead purchasers, creative entrepreneurs and innovative business organizations. As an experienced FTC attorney, his ability to provide practical business-oriented advice that meets specific clients’ business-growth objectives, coupled with his ability to seamlessly transition from transactional to litigation functions, result in superior efficiencies for marketers that prefer to avoid managing multiple outside counsel relationships and educating numerous attorneys about business operations.
You can see a representative sampling of some of Richard's recent, precedent-setting successes. Visit his law firm website at hinchnewman.com and the "Ad Law Insights" - Legal and Regulatory Updates Blog for the latest FTC and state attorneys general compliance, investigation and enforcement developments of concern to advertisers and marketers.
FTC Investigations and Enforcement Actions
Throughout the past decade, FTC defense lawyer Richard Newman has served as regulatory defense counsel on a number of highly-publicized Internet marketing enforcement actions initiated by the Federal Trade Commission and is widely regarded as one of the leading practitioners in the space – representing clients in FTC consumer protection investigations and litigation matters involving Section 5 of the FTC Act as well as other laws and regulations enforced by the agency. He routinely represents clients nationwide in regulatory matters at the federal, state and local level.
Civil Investigative Demands and Subpoenas
Extensive experience effectively responding to civil investigative demands (CIDs) and defending Internet advertisers and marketers in high-stakes FTC investigations involving allegations of unfair and deceptive acts or practices, challenges to scientific substantiation, telemarketing violations, violation of consumer privacy rights and failure to adequately secure sensitive consumer information. Richard has successfully secured the prompt and outright closure of numerous investigations without the initiation of formal enforcement proceedings.
Internet Marketing and Advertising Compliance
Proven success in numerous facets of marketing and advertising law, and a go-to resource for up-to-date strategic guidance on applicable federal and state laws, rules and regulations applicable to the Internet, affiliate marketing, lead generation, telemarketing, email marketing and social media spaces. Richard regularly coordinates result-oriented preventative reviews of marketing materials designed to ensure compliance with applicable requirements and to avoid becoming a target of costly regulatory scrutiny.
State Attorneys General Investigations
Years of concentrated experience providing effective solutions to Internet advertisers and marketers on multifaceted matters brought by state Attorneys General across the country, including requests for information and litigation. Efficiently defending clients facing a full range of complex state false claims and unfair trade practices legal challenges.
Lead Generation Compliance
Cutting-edge practice includes advising those within the online lead generation ecosystem, including affiliates and lead generation networks, aggregators and buyers, about applicable regulatory requirements with respect to representations made to consumers, disclosures, marketing agreements, privacy, data use and security, credentialing and end-user compliance. Experienced FTC defense lawyers like Richard are able to work with clients to closely monitor developments, properly weigh compliance risks and formulate innovative compliance strategies.
Richard regularly advises consumer-facing businesses, including call centers, list brokers, list managers and emerging technology companies, on an array of regulatory compliance protocols related to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), applicable state and federal Do-Not-Call laws and telemarketing issues. He also possesses significant experience litigating complex telemarketing matters.