Internet Marketing Law Blog

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…

FTC Approves Final Settlement Regarding Deceptive “Made in USA” Claims

The Federal Trade Commission recently announced the approval of a final consent order settling charges that Pennsylvania-based Bollman Hat Company has agreed to stop deceptive use of its “American Made Matters” certification and marketing materials.   First announced in January 2018, the FTC’s complaint against Bollman Hat Company and its wholly-owned subsidiary, SaveAnAmericanJob, LLC, alleges that Bollman…

New York City Department of Consumer Affairs (DCA) Home Improvement Contractor Investigations On The Rise

NYC Department of Consumer Affairs investigations that involve issues pertaining to work deficiencies and model home improvement contracts are on the rise. Regarding the latter, for contracts and estimates involving the provision of home improvement contracting services to any consumer in New York City, contractors should use the current Model Contract and Model Estimate in…

FTC and CFPB Summarize FDCPA Related Efforts

The Consumer Financial Protection Bureau (Bureau) and the Federal Trade Commission (FTC) reported on their 2017 activities to combat illegal debt collection practices. The annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA) details the agencies’ efforts to stop unlawful debt collection practices, including vigorous law enforcement, education and…

Native Advertising Institute Features Internet Law Attorney Richard B. Newman on Native Advertising Disclosures

On January 22, 2018, Native Advertising Institute featured an article written by Internet law attorney Richard B. Newman that discusses the Federal Trade Commission’s recently released staff report summarizing agency-commissioned research from 2014-2015. The article discusses the exploration of consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews,…

You Received a CID from the FTC: FAQs for Internet Marketers

So you received a Civil Investigative Demand (CID) from the Federal Trade Commission related to a consumer protection matter. Now what? On January 19, 2018, Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection provided responses to questions that the agency frequently hears from companies that have received CIDs in order to shed some…