Internet Marketing Law Blog

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…

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…

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.” …

Student Loan Debt Relief Operators Banned by FTC According to the Federal Trade Commission, two alleged Florida-based student loan debt relief schemes have been banned from the debt relief business as part of settlements with the FTC.  The cases involves allegations by the FTC that defendants illegal upfront fees and falsely promised to help some consumers enroll in government…

The New York Law Journal quoted Richard B. Newman in an article titled “Uptick in ‘Made in USA’ Actions and Remedial Plans.”  The article, published November 19, 2018, discusses the recent proliferation of U.S. origin investigations and enforcement actions by the Federal Trade Commission.  According to the article, manufacturers of products labeled or advertised with U.S. origin claims…

What is the Federal Trade Commission’s (FTC) Investigative Authority? The FTC’s enforcement authority is related to its power to prosecute any inquiry necessary to its duties in any part of the United States, pursuant to FTC Act Sec. 3. With some exceptions – pursuant to FTC Act Sec. 6(a), the FTC may investigate the organization,…