Advertising and Marketing
FTC Legal Regulatory Considerations for Ecommerce Investment Management Providers
By Richard B. Newman |
The Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell certain kinds of ecommerce management, business coaching, work-from-home and investment programs. In late 2022, the Federal Trade Commission announced that it was exploring changes to the Business Opportunity Rule in order to broadly expand on…
Recent U.S. Supreme Court Ruling Further Erodes Traditional FTC Enforcement Authority
By Richard B. Newman |
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in federal court without having to slog their way through pre-enforcement administrative proceedings that many believe deprive defendants of due process. Axon Enterprise, Inc.…
Richard B. Newman Selected to Author Consumer Protection Section of ALM FTC Law, Practice and Procedure Treatise
By Richard B. Newman |
As a result of the firm’s demonstrated subject matter expertise and track record of success in the fields of FTC advertising compliance, investigations and defense, Richard B. Newman has been selected to assume authorship of the Consumer Protection Section of the American Lawyer Media International Federal Trade Commission: Law, Practice and Procedure Treatise, a comprehensive…
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…