Internet Marketing Law Blog
Advertising Claim Substantiation Mistakes Made by Internet Marketers
By Richard B. Newman | | Advertising and Marketing, FTC, Internet Law, Lead Generation
The Federal Trade Commission requires advertisers to possess a “reasonable basis” for express and implied claims. The failure to do so constitutes an unfair and deceptive act or practice in violation of Section 5 of the FTC Act. Substantiation is a key FTC enforcement priority. Advertisers should be intimately familiar with FTC substantiation investigation and…
U.S. Supreme Court Halts FTC’s Ability to Obtain Ill-Gotten Gains
By Richard B. Newman | | Advertising and Marketing, FTC
On April 21, 2020 in the matter of AMG Capital Management, the U.S. Supreme Court effectively made it more difficult for the Federal Trade Commission to force those that engage in deceptive business practices to return ill-gotten gains obtained from consumers. The unanimous ruling was written by Justice Stephen Breyer and is a victory of…
CFPB Rescinds “Abusive” Policy Foreshadowing More Aggressive Enforcement
By Richard B. Newman | | Advertising and Marketing, Internet Law, Lead Generation
The Consumer Financial Protection Bureau recently announced its intention to rescind its 2020 “abusive acts and practices” policy statement. The CFPB’s authority to prevent such practices stems from the Dodd-Frank Act, which also created the CFPB. In 2020, the CFPB set forth narrow principles that should be considered when applying its “abusive” authority. The first,…
Dietary Supplement Executive Sentenced in Alleged Fraud Scheme
By Richard B. Newman | | Advertising and Marketing, FTC, Internet Law
On February 19, 2021, the U.S. Department of Justice announced that a federal court in Texas sentenced a former dietary supplement company executive to prison for his role in fraudulently selling popular workout supplements. A U.S. District Judge sentenced the former corporate vice president to 41 months’ imprisonment and one year of supervised release. The…
By Richard B. Newman | | Advertising and Marketing, Internet Law
Social media law attorney Richard B. Newman was recently quoted by NBC 7 San Diego in a piece entitled “Role of Social Media Sites in Riot on Capitol.” View the story, here. Richard B. Newman is an advertising practices attorney at Hinch Newman LLP. Informational purposes only. Not legal advice. May be considered attorney advertising.
How to Comply With UK Endorsement Guide and Online Review Compliance Standards
By Richard B. Newman | | Advertising and Marketing, FTC, Internet Law, Lead Generation
Social media endorsements: being transparent with your followers Influencer marketing and review websites have attracted a great deal of attention recently by states and federal regulatory agencies, including the FTC. The FTC’s Endorsement Guides addresses the application of Section 5 of the FTC Act to the use of endorsements and testimonials in advertising. The FTC Endorsement Guides suggest…
Table of Contents
- Advertising Claim Substantiation Mistakes Made by Internet Marketers
- U.S. Supreme Court Halts FTC’s Ability to Obtain Ill-Gotten Gains
- CFPB Rescinds “Abusive” Policy Foreshadowing More Aggressive Enforcement
- Dietary Supplement Executive Sentenced in Alleged Fraud Scheme
- Richard Newman Quoted by NBC San Diego on the Role of Social Media in Riot on U.S. Capitol
- How to Comply With UK Endorsement Guide and Online Review Compliance Standards
- Archives