Internet Law
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…
Richard Newman Authors Article for JD Supra on Potential Changes to FTC Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities
By Richard B. Newman |
FTC defense attorney Richard B. Newman recently authored an article for JD Supra titled “FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities.” The article examines the responsibilities of “covered sellers,” the “Disclosure Document, “the Earnings Claim Statement,” tips for complying with the Biz…
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…
Use of Certain Technologies to Track Web Session Data May be Unlawful
By Richard B. Newman |
Attention Lead Generators The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as…