Internet Marketing Law Blog

Heading into 2017, Acting Chairman Ohlhausen described 2016 at the FTC by stating that the agency “continued to tackle the issues of most importance to consumers, including fraud utilizing traditional and novel platforms, deceptive advertising, privacy and data security.” The 2016 Annual Highlights offered a detailed digest of the previous year in law enforcement, policy…

Cryptocurrencies have dominated the news recently, including the highest percentage loss of value that bitcoin has seen all year. Blockchain, the decentralized network facilitating and verifying cryptocurrency transactions, is a potent technology the makes possible a currency without a central bank. A New York Aseemblyman has proposed legislation related to the validity of blockchain transactions. One…

FTC defense lawyer Richard B. Newman of Hinch Newman LLP is featured by Data Protection Leader, an international publication for authoritative data professionals offering analysis and guidance on data privacy, compliance and data protection regulations. The article is entitled “Complying with the FTC’s COPPA Rule in a Data-Driven World.” The Children’s Online Privacy Protection Act (COPPA) is…

The FTC continues to aggressively target negative option offers that deceptively induce consumers through a “free trial” or low-cost initial fee to make a purchase without being informed there will be recurring charges unless they cancel. All material terms must be “clearly, conspicuously and prominently” disclosed to consumers prior to the submission of billing information.…

The Federal Trade Commission has released a staff report summarizing agency-commissioned exploratory research from 2014-2015. The report, entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising,” explores consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews, entertainment or other…

New York Attorney General Eric T. Schneiderman has introduced a new measure to “close major gaps” in the state’s “weak and outdated” data security laws. The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) would impose a legal responsibility for businesses to adopt “reasonable” administrative, technical and physical safeguards for sensitive data. The…