Internet Marketing Law Blog

The FTC’s “Gut Check” Guide for Identifying Deceptive Weight Loss Claims

The Federal Trade Commission consistently initiates investigations and enforcement actions designed to curb misleading claims for products promoting easy weight loss and slimmer bodies. In doing so, the FTC has provided guidance for advertisers and publishers of weight-loss claim “red flags” that are likely to draw the ire of a regulator. The guidance is entitled,…

FTC Commissioner Wants More Aggressive Penalties for Repeat Offenders

The Federal Trade Commission’s enforcement program is designed to ensure that defendants under court order for FTC Act violations do not become repeat offenders.  Rohit Chopra, a Trump appointee to the Federal Trade Commission, wants the agency to take a more aggressive stance. On May 11, 2018, Mr. Chopra issues an official statement declaring that “the credibility of…

FTC Enforcement Power Being Put to the Test

The Federal Trade Commission has appealed to the U.S. Court of Appeals for the Third Circuit the dismissal by the Delaware U.S. District Court of the agency’s complaint against Shire ViroPharma Inc.  The FTC previously charged Shire with violating Section 5(a) of the FTC Act by engaging in an unfair method of competition with respect…

Leadscon Publishes Article by Advertising Compliance Lawyer Richard Newman on Recent TCPA Decision

Leadscon, the premier conference for networking, education, and premium content focused on the performance and lead generation industry, recently published an article by FTC advertising compliance attorney Richard B. Newman about the District of Nevada granting summary judgment to CBE Group, Inc. on a TCPA claim. Notably, the District of Nevada relied upon the ACA International v.…

California’s Anti-Big Data Consumer Right to Privacy Act Gathers Momentum

All signs are that California’s controversial ballot initiative, Consumer Right to Privacy Act of 2018, is gathering momentum ahead of a November vote.  Telecom and Internet-based business are preparing to oppose the ballot measure. The initiative has been introduced by two California citizens and would impose new data privacy and security obligations, as well as significant liability for the…

MarketingProfs Publishes Article on B2B TSR Exemption by Telemarketing Compliance Lawyer Richard B. Newman

On April 19, MarketingProfs published an article authored by telemarketing compliance attorney Richard B. Newman, entitled ‘The B2B Exemption to the Telemarketing Sales Rule.’ In the article, Richard discusses the FTC’s Telemarketing Sale Rule (TSR) and its key provisions, including disclosure obligations,  prohibited misrepresentations, calling curfews, caller ID requirements, abandonment prohibitions, billing and payment restrictions, upsell requirements, pre-recorded message restrictions and…