Internet Marketing Law Blog
United States Sues Telehealth Providers and Executives
By Richard B. Newman | | Advertising and Marketing, FTC, Internet Law, Privacy and Data Security
On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive Officer, Kyle Robertson; former Cerebral executive Alex Martelli; telehealth companies Zealthy Inc., Gronk Inc. and Bruno Health P.A. and an executive of those…
Federal Trade Commission Consumer Protection Investigation Procedures
By Richard B. Newman | | Advertising and Marketing, FTC
Investigatory procedures, including use of compulsory process, may be used by Federal Trade Commission (FTC) attorneys in connection with the spectrum of activities that the agency is authorized or required to carry out. For What Purposes May FTC Investigations be Carried Out? FTC Investigations may be conducted in connection with: law enforcement investigations adjudicatory or rulemaking…
FTC Final Rule Bans Most Non-Compete Agreements and Judicial Challenges Begin
By Richard B. Newman | | FTC
On April 23, 2024, the Federal Trade Commission issued a final rule effectively concluding that it is an unfair method of competition, and therefore a violation of Section 5 of the FTC Act, for employers to enter into non-competes with workers and to enforce certain non-competes. Except for senior executives, the final rule provides that it shall…
Update for Lead Generators Concerning FTC’s New TSR Recordkeeping Rules
By Richard B. Newman | | Advertising and Marketing, FTC, Lead Generation, Telemarketing
As previously blogged about here, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. FTC Amendments to the Telemarketing Sales Rule The new recordkeeping requirements (have a limited exemption) are by-and-large required in order to assert a DNC safe…
Lead Generators Take Note: Court Rules Lead Buyer Vicariously Liable for Actions of Independent Contractors and Sub-Agents
By Richard B. Newman | | Advertising and Marketing, Lead Generation, Telemarketing
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors and their sub-agents with whom Allstate had no contractual relationship. Case Background Plaintiff Robert Hossfield – a known TCPA plaintiff that…
FTC Impersonation Rule Now in Effect
By Richard B. Newman | | Advertising and Marketing, FTC, Lead Generation
The rule gives the FTC stronger tools to combat those that impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking civil penalties The Federal Trade Commission’s new rule on government and business impersonation is now in effect. This new rule is particularly important given the Supreme Court’s April 2021 ruling in…
Table of Contents
- United States Sues Telehealth Providers and Executives
- Federal Trade Commission Consumer Protection Investigation Procedures
- FTC Final Rule Bans Most Non-Compete Agreements and Judicial Challenges Begin
- Update for Lead Generators Concerning FTC’s New TSR Recordkeeping Rules
- Lead Generators Take Note: Court Rules Lead Buyer Vicariously Liable for Actions of Independent Contractors and Sub-Agents
- FTC Impersonation Rule Now in Effect
- Archives