Internet Marketing Law Blog

Richard B. Newman, an FTC advertising compliance and defense lawyer at Hinch Newman LLP, was quoted in New York Magazine on social media influencer campaigns and compliance with the FTC’s Endorsement Guides. The Guides reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading. The FTC requires that, if influencers are endorsing…

On May 18, 2018, South Carolina enacted the Telephone Privacy Protection Act. In short, the telemarketing law is intended to prohibit telephone solicitors from: Initiating or causing to be initiated a telephone solicitation during certain hours of the day To require telephone solicitors to disclose certain information at the outset of a telephone solicitation, including the consumer’s right…

This week, the Federal Trade Commission (FTC) announced plans to hold public hearings this fall and winter on whether adjustments to consumer protection enforcement law and related policy are warranted in light of the economic landscape and new technologies. “The FTC has always been committed to self-examination and critical thinking, to ensure that our enforcement…

On June 18, 2018, the Federal Trade Commission (FTC), along with a number of state Attorneys General, the New York Division of the U.S. Postal Inspection Service, two U.S. Attorneys’ Offices and the Better Business Bureau, announced the results of Operation Main Street, an enforcement initiative aimed at operations that seek to defraud small businesses. The…

The District of Arizona recently became one of the first courts in the nation to address the definition of an “automatic telephone dialing system’ (“ATDS”) following the recent D.C. Circuit ruling in ACA International v. FCC (D.C. Cir. 2018). In ACA, the D.C. Circuit, inter alia, rejected the FCC’s definition of ATDS. It held that…

Despite its stringent laws pertaining to the crypto sector, reports are that cryptocurrency wallet and vault Xapo, Inc. has received a ‘BitLicense’ from the New York Department of Financial Services. DFS has also authorized Paxos Trust Company LLC, f/k/a itBit Trust Company, to offer exchange and custody services for Ether, Litecoin, Stellar Lumens and Bitcoin…