Lead Generation
Advertising Claim Substantiation Mistakes Made by Internet Marketers
By Richard B. Newman |
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…
CFPB Rescinds “Abusive” Policy Foreshadowing More Aggressive Enforcement
By Richard B. Newman |
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,…
How to Comply With UK Endorsement Guide and Online Review Compliance Standards
By Richard B. Newman |
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…
Good Consent-Based TCPA Win for Lead Generators
By Richard B. Newman |
Volkswagen launched a marketing campaign. It paid dealerships nationwide to retain a third party to place service reminder calls to their customers. Automated technologies were purportedly used to make calls to plaintiff without consent. The Central District of California decertified a class of these TCPA plaintiffs because consent issues were so individualized that the plaintiffs…
FTC Settlement of Fake Review Campaign Illustrates Agency Recognition of Litigation Risk Under FTC Act
By Richard B. Newman |
As blogged about here and here, brands and intermediary agencies that they do business with are expected to train and monitor endorsers, utilize written social media policies, take appropriate remedial action and document all efforts to implement preventative advertising compliance measures, including those designed to ensure the clear and conspicuous disclosure of material connections between advertisers and…
FTC Urges Congress to Restore Section 13(b) of the FTC Act and Resurrect Penalty Offense Authority
By Richard B. Newman |
As blogged about here, the FTC’s authority to seek monetary disgorgement relief from defendants in federal court is under assault. Consequently, all five FTC Commissioners have recently forwarded a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would…