Internet Marketing Law Blog

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…

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…