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.
FCC Notice of Proposed Rulemaking Could be Existential Threat to Lead Generation Industry
The FCC recently proposed a rule that would turn the lead generation on its head. The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from illegitimate numbers. See more, here. In addition to carrier investigation and blocking obligations, as well as an extension of DNC protections to text messages,…
Read Article...Richard Newman Quoted by Law.com on FTC’s First “Review Hijacking” Action
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…
Read Article...TCPA Established Business Relationship Defense Defeats Class Allegations
A TCPA defendant’s motion to strike class action allegations was recently granted by a Northern District of Illinois. The court held that individual questions of consent and the availability of the established business relationship defense made the claims unsuitable for class treatment. In the matter of Sorsby v. TruGreen L.P., 2023 WL 130505 (N.D. Ill.…
Read Article...National Advertising Division Inquiry Into ‘Easy Cancelation’ Claims
The U.S. advertising industry founded the National Advertising Division (NAD) and the National Advertising Review Board as a a system of independent industry self-regulation to build consumer trust in advertising and support fair competition in the marketplace. NAD holds national advertising across all media types to high standards of truth and accuracy by reviewing truth-in-advertising…
Read Article...Responding to an FTC CID is an Art Form
Federal Trade Commission Civil Investigative Demands (CIDs) are compulsory administrative subpoenas utilized by the Federal Trade Commission to obtain materials and information about an investigation into a recipient’s (and/or another party’s) business practices. The initial response is critically important. Below are some tactics designed to thoroughly consider defense strategies aimed at achieving an optimal resolution.…
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