Advertising and Marketing
Proposed Privacy Bill Would Bolster FTC Enforcement Authority
By Richard B. Newman |
Legislation was recently introduced in the Senate that would significantly bolster the Federal Trade Commission’s authority to enforce privacy and data security laws, and preempt the patchwork of presently existing data privacy regimes. Intended to address those that utilize, process and benefit from consumer data in “unfair and deceptive ways,” the Consumer Data Privacy and…
Telemarketing Alert: New York’s Nuisance Call Act
By Richard B. Newman |
In December 2019, New York Governor Andrew Cuomo signed legislation enacting the Nuisance Call Act. The Act closes a loophole in Do Not Call Registry that permitted live telemarketers to call those on the list. It requires live voice outbound telemarketers to provide consumers the option to be added to the seller’s DNC list. If…
Richard B. Newman Represents Developers in Precedent-Setting ‘Stalking’ App Case
By Richard B. Newman |
As reported by numerous media outlets, FTC defense attorney Richard B. Newman recently represented developers of so-called “stalking app” in the first-ever case of its kind in the United States. Following an aggressive Federal Trade Commission investigation (CID), the firm successfully resolved charges that the respondents’ products compromised the privacy and security of the consumer…
How To Make FTC Compliant U.S. Origin (Made in USA) Claims
By Richard B. Newman |
The Federal Trade Commission possesses the authority to regulate U.S. origin (“Made in USA”) claims under Section 5 of the Federal Trade Commission Act. The FTC Act prohibits unfair or deceptive acts or practices. Objective advertising claims, including U.S. origin claims, must be truthful and substantiated. The FTC has actual guidelines for making lawful U.S.…
Seventh Circuit Deals Body Blow to FTC’s Enforcement Powers
By Richard B. Newman |
Section 13(b) requests for asset freezes, receiverships, and disgorgement may no longer be a slam dunk for the FTC. The Seventh Circuit has ruled that the Federal Trade Commission lacks authority to seek monetary relief from defendants in federal court. In doing so, it broke ranks with numerous circuits and long standing precedent. The appeal…
Federal Digital Marketing Bill of Rights for Minors Seeks to Expand COPPA
By Richard B. Newman |
As federal lawmakers continue to grapple with what a federal privacy bill might look like, new legislation has been introduced that targets specific data privacy issues. Digital Marketing Legislation Federal legislators have proposed Senate Bill 748, the Digital Marketing Bill of Rights for Minors. If passed, the online privacy legislation would amend the Children’s Online…