Marketing & Advertising
The Internet connects marketers to customers across the country and around the world. The general principles of advertising law apply online, regardless of the existence of space constrained screens and social media platforms. The FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing, and sale.
New York Law Journal Publishes Article by Richard Newman About FTC Focus on Influencer Disclosures
The New York Law Journal recently published an article (registration required) authored by Richard B. Newman. The article, “FTC Laser Focused on Paid Social Media Influencer Disclosures” addresses recent Federal Trade Commission investigation and enforcement of the FTC’s Endorsement Guides, including disclosure of material connections. The article also discusses how third-parties are potentially liable for the missteps of influencers, measures that should be…
Read Article...Doing Business Online? Start With Security.
Federal Trade Commission Guidance and recent state legislation clearly set forth that reasonable and appropriate data security may depend upon the size and nature of one’s business. However, there are fundamental guidelines that apply across the board. Collection Collect only what is necessary. Never collect sensitive personal information that is not reasonably required. Not only…
Read Article...GDPR Compliance Deadline Looms
As the May 25, 2018 deadline approaches, companies are grappling with compliance issues relating to the European Union’s General Data Protection Regulation (GDPR). Those with physical operations in an EU member state have, more than likely, been preparing for quite some time. GDPR imposes strict protections for the “personal data” of EU citizens, including individual…
Read Article...Advertising Lawyer Richard Newman Authors Article on Lead Generation Marketing Agreements
Lead generation marketing agreements are critically important documents between lead generators, aggregators, call centers and end-buyers. These agreements should include basic provisions covering issues such as, without limitation, what constitutes a “lead” (e.g., consumer data, telephone calls, telephone call transfers, etc.), what constitutes a valid lead, price, payment terms, term and termination, warranties, disclaimers and…
Read Article...Draft Do-Not-Track Compliance Standard Published
On July 14, 2015, the organization in charge of developing uniform standards for World Wide Web technologies announced the “last call” for a draft proposal on how websites should comply with a user’s “Do-Not-Track” preference. If implemented, the proposal would be the very first formal standard for DNT compliance. The proposed standard describes how service…
Read Article...No Immunity for Affiliate Network with Ability to Control Advertising Process
In 2011, the Federal Trade Commission filed a series of lawsuits against affiliate publishers who used “fake news” websites to advertise weight loss products and other merchant offerings. In one of those lawsuits, the Commission joined with the State of Connecticut to include an affiliate network as a defendant. The complaint alleged, in part, that affiliate…
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