FTC COMPLIANCE LAWYER
INTERNET MARKETING AND ADVERTISING COMPLIANCE
Proven success in numerous facets of marketing and advertising law, and a go-to resource for up-to-date strategic guidance on applicable federal and state laws, rules and regulations applicable to the Internet, affiliate marketing, lead generation, telemarketing, email marketing and social media spaces. Richard regularly coordinates result-oriented preventative reviews of marketing materials designed to ensure compliance with applicable requirements and to avoid becoming a target of costly regulatory scrutiny.
FTC compliance lawyer Richard B. Newman provides creative solutions and strategic guidance designed to minimize Internet marketers’ exposure to government investigations and litigation. He helps clients to see issues from the viewpoint of regulators, government officials and policymakers in furtherance of integrating complex regulatory and legal requirements into business strategies.
He is an attorney that advises clients on the full range of consumer protection compliance issues affecting virtually every aspect of advertising, marketing and promotions law.
Effective Compliance Solutions
Leveraging his extensive subject matter knowledge of the business operations of Internet marketers, the regulatory environment and his consumer protection litigation experience, Richard assists clients with preventative compliance and risk management measures designed to enhance advertising and promotional marketing efforts while limiting the risk of FTC and other regulatory investigations relating to unfair or deceptive or deceptive practices that pose threats to clients’ interests.
Investigations and enforcement actions pursuant to Section 5 of the FTC Act typically relate to “unfair or deceptive acts or practices.” The Commission also uses a number of tools to protect consumers’ privacy and personal information, including enforcement actions designed to stop violations and ensure that companies take affirmative remedial steps. The FTC also enforces a variety of sector specific laws, including the Truth in Lending Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Telemarketing and Consumer Fraud and Abuse Prevention Act.
Compliant creative materials and programs are critical. Richard regularly defends corporate and individual clients against FTC claims alleging deceptive or unfair trade practice acts across multiple media channels. His advertising and marketing perspective, awareness of evolving legal regulatory requirements and proven track record of success enable Richard to capably provide constructive compliance advice designed to avoid unwanted regulatory scrutiny and competitor challenges.
- FTC Act compliance
- Design and implementation of comprehensive FTC legal compliance and review programs
- Analysis and review of required claim substantiation materials
- Advertising copy analysis
- U.S. origin claims and corrective action plans
- Business Opportunity (Biz Opp) Rule compliance
- Restore Online Shoppers’ Confidence Act (ROSCA) compliance
- Email (CAN SPAM) and telemarketing (TSR/TCPA) campaign analysis
- Comparative advertising and Section 43(a) of the Lanham Act
- Analysis and review of debt relief document preparation service operations
- State UDAP compliance
- Mortgage Assistance Relief Services (“MARS”) Rule compliance
- Analysis of privacy and data security protocol compliance (COPPA)
- Minimum advertised pricing policies
- Training sessions for in-house legal and marketing departments
Social media campaigns must comply with FTC regulations. Experienced FTC advertising compliance lawyers with practical digital marketing industry experience, such as Richard, review marketing copy and business models for adherence with Federal Trade Commission and government regulatory compliance requirements.
Richard represents advertisers, media companies, and agencies in connection with all aspects of advertising, marketing and promotions. He frequently counsels clients on new media issues, including social media, user-generated content, blogging and mobile marketing. He works closely with clients to develop and implement blogging and social media policies and procedures and reviews clients’ social media campaigns to ensure compliance with the Federal Trade Commission’s Endorsement Guides and .com Disclosure Guides.
Privacy and Data Security
Richard also practices in the area of data privacy and security. He assists clients with both preventive data security as well managing compliance issues in the aftermath of a data breach. His experience includes auditing and evaluating clients’ websites and privacy / data security policies, drafting website privacy notices and internal corporate privacy policies, and compliance with breach notification laws. As an FTC compliance lawyer, Richard has significant experience with technology-related regulatory considerations.
Data Protection Leader exclusively featured Richard in a recently article he authored on COPPA compliance. The article, “Complying with the FTC’s COPPA Rule in a Data-Driven World,” addresses regulatory enforcement trends and who must comply with COPPA.
Unparalleled Industry Knowledge
Richard’s clients are among the most visible in the online marketing sector. While more and more FTC compliance lawyers claim expertise about the business of advertising and marketing, he understands the needs and regulatory concerns of companies in key industry segments, from telecommunications and lead generation to health and nutraceauticals.
He has represented clients before various units of the Federal Trade Commission and in state regulatory investigations, including, without limitation, comprehensive actions in connection with negative option marketing and free trial offers.
Richard regularly counsels clients on false and deceptive advertising, claim substantiation, privacy, lead generation, telemarketing, email marketing (e.g., CAN-SPAM and state anti-SPAM legislation), endorsement and testimonial issues, and negative option marketing. He also advises clients with respect to drafting and negotiating a variety of marketing agreements.