Internet Marketing Law Blog

Seventh Circuit Deals Body Blow to FTC’s Enforcement Powers

Section 13(b) requests for asset freezes, receiverships, and disgorgement may no longer be a slam dunk for the FTC. The Seventh Circuit has ruled that the Federal Trade Commission lacks authority to seek monetary relief from defendants in federal court. In doing so, it broke ranks with numerous circuits and long standing precedent. The appeal…

FTC Announces Loot Box Consumer Protection Workshop

The Federal Trade Commission recently announced that it plans to hold a public workshop in August 2019 that will examine consumer protection issues related to video game “loot boxes.” What are Loot Boxes Loot boxes are in-game rewards players can purchase while playing a video game. They contain a random assortment of virtual items to…

Federal Digital Marketing Bill of Rights for Minors Seeks to Expand COPPA

As federal lawmakers continue to grapple with what a federal privacy bill might look like, new legislation has been introduced that targets specific data privacy issues. Digital Marketing Legislation Federal legislators have proposed Senate Bill 748, the Digital Marketing Bill of Rights for Minors. If passed, the online privacy legislation would amend the Children’s Online…

TCPA Lawyer Richard B. Newman Authors Article for Global Privacy Platform

Telephone Consumer Protection Act (TCPA) and telemarketing lawyer Richard B. Newman was recently asked to author an article for DataGuidance, a global platform for privacy professionals, on circuit court splits in the United States on the definition of “automated telephone dialing system.” In the article, “Diverging Court Decisions Over Definition of ATDS Under ATDS,” Richard discusses…

Protecting Against and Defending TCPA Lawsuits

Telephone Consumer Protection Act (TCPA) lawsuits can be devastating to business operations and long term viability. There are a number of different approaches that telemarketers can take in order to minimize potential liability. All of which ae critical, given that the TCPA provides for the recovery of  actual damages or statutory damages in the range…

Richard B. Newman Quoted in DataGuidance on Record Data Privacy Settlement

Data privacy attorney Richard B. Newman was recently quoted in a DataGuidance article about the recent class action settlement in Ruppel v. Consumers Union of United States, Inc.  Mr. Newman note that “the lead plaintiff alleged that he had received unwanted commercial solicitations, including telemarketing calls, because Consumers Union sold his personal information to data brokers without consent.” …