Internet Marketing Law Blog

FTC Stops Direct Mail Marketers’ Health Claims

The marketers of three supplements called Neurocet, Regenify and Resetigen-D have settled a Federal Trade Commission compliant alleging they deceptively promoted their products to older Americans using false claims that their products could stop pain and treat age-related ailments. The complaint alleges that the defendants marketed their pills through magazine-style direct mailings and online. According to…

Proposed Privacy Bill Would Bolster FTC Enforcement Authority

Legislation was recently introduced in the Senate that would significantly bolster the Federal Trade Commission’s authority to enforce privacy and data security laws, and preempt the patchwork of presently existing data privacy regimes. Intended to address those that utilize, process and benefit from consumer data in “unfair and deceptive ways,” the Consumer Data Privacy and…

Congress Considers Federal Price Gouging Legislation

As state Attorneys General and other government regulatory agencies ramp-up efforts to battle price-gouging during the COVID-19 pandemic, the House and Senate are now contemplating various proposals to address the problem during any declared state of emergency. The first is H.R. 6264. Sponsored by Rep. Jason Smith, the proposed bill tasks the Secretary of Health…

Telemarketing Alert: New York’s Nuisance Call Act

In December 2019, New York Governor Andrew Cuomo signed legislation enacting the Nuisance Call Act. The Act closes a loophole in Do Not Call Registry that permitted live telemarketers to call those on the list. It requires live voice outbound telemarketers to provide consumers the option to be added to the seller’s DNC list. If…

Richard B. Newman Represents Developers in Precedent-Setting ‘Stalking’ App Case

As reported by numerous media outlets, FTC defense attorney Richard B. Newman recently represented developers of so-called “stalking app” in the first-ever case of its kind in the United States. Following an aggressive Federal Trade Commission investigation (CID), the firm successfully resolved charges that the respondents’ products compromised the privacy and security of the consumer…

How To Make FTC Compliant U.S. Origin (Made in USA) Claims

The Federal Trade Commission possesses the authority to regulate U.S. origin (“Made in USA”) claims under Section 5 of the Federal Trade Commission Act. The FTC Act prohibits unfair or deceptive acts or practices. Objective advertising claims, including U.S. origin claims, must be truthful and substantiated. The FTC has actual guidelines for making lawful U.S.…