Advertising and Marketing
FTC Takes Action Against Medical Clinic and its Owner for Alleged Unsubstantiated Claims its Treatment Could Cure Addiction and Disease
By Richard B. Newman |
The Federal Trade Commission recently announced that it has taken action under the Opioid Addiction Recovery Fraud Prevention Act (OARFPA), suing a physician and a set of companies she controls that operate as AWAREmed Health & Wellness Resource Center, a medical clinic, for allegedly making a wide range of false or unsupported claims for addiction…
Richard Newman Quoted by Law.com on the FTC’s First Law Enforcement Challenging “Review Hijacking”
By Richard B. Newman |
FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Law.com titled “FTC Bags First Settlement in Probe of ‘Review Hijacking’ in E-Commerce.” The article discusses the FTC’s first case alleging “review hijacking,” in which a marketer steals or repurposes reviews of another product. The case involves a marketer…
FCC Proposed Rule Would Turn Lead Generation Industry on its Head
By Richard B. Newman |
The FTC has issued a Notice of Proposed Rulemaking that would devastate the lead generation industry if enacted. The FCC Chairwoman has proposed a new rule that would block unlawful robotexts. Read more, here. The FCC first issued a Report and Order requiring mobile wireless providers to block text messages from numbers on a reasonable Do Not…
What Advertisers, Ad Agencies and Review Sites Need to Know About the FTC’s Proposed Endorsement Guide Rule
By Richard B. Newman |
The FTC’s Endorsement Guides are a roadmap about how the agency perceives marketing practices that involve endorsements and testimonials under Section 5 of the FTC Act. To date, practices that do not comply with Guides often draw the attention of regulators, including the issuance of civil investigative demands and enforcement actions based upon alleged deceptive…
New York Attorney General and FTC Recover Millions for U.S. Servicemembers Allegedly Defrauded
By Richard B. Newman |
New York Attorney General Letitia James and the Federal Trade Commission recently announced via a Stipulated Order the recovery of $34.2 million for more than 46,000 servicemembers and veterans that were alleged deceived and defrauded by national jewelry retailer, Harris Jewelry. The company allegedly used deceptive marketing tactics to lure active-duty servicemembers to their financing…
TCPA and Telemarketing Lead Generation Legal Update
By Richard B. Newman |
Lead generators and those within the telemarketing ecosystem should know and appreciate the legal regulatory requirements, restrictions and risks prior to engaging such high-risk campaigns. Violations of regulations, statutes and best practice guidelines can result in statutory penalties, as well as both personal and corporate. Below is a brief summary of recent legal developments may…