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.
Is the Non-Circumvent Provision in Your Marketing Agreement Enforceable?
In California, it depends. California is notorious in the non-compete world for its virtual prohibition and scrutiny of individual non-compete and other types of restrictive covenant agreements, such as non-circumvention and non-solicitation agreement. But what about when the agreement is between two commercial entities? Rule of Reason In August 2020, the Supreme Court of California…
Read Article...Richard Newman Authors Article for Lead Generation World on What the Privacy Rights Act – CCPA on Steroids – Means for Lead Generators
FTC compliance and defense attorney Richard B. Newman recently authored an article for Lead Generation World titled “California Voters Pass the Privacy Rights Act – What “CCPA on Steroids” Means for Businesses and Consumers.” On November 3, 2020, California voters approved Proposition 24 – the California Privacy Rights Act of 2020 (“CPRA”). The CPRA amends and revises…
Read Article...SCOTUS Brief Filed in Favor of Expansive Interpretation of ATDS
The Plaintiff in Facebook, Inc. v. Duguid has recently filed its merits brief on this issue of whether the Telephone Consumer Protection Act’s definition of “automatic telephone dialing system,” 47 U.S.C. § 227(a)(1), encompasses a device that can store and automatically dial telephone numbers without using a random or sequential number generator. The Supreme Court case…
Read Article...New York Dismisses Price Gouging Lawsuit Against Wholesaler
As previously discussed here by an FTC defense attorney, the Federal Trade Commission and state Attorneys General have enhanced the use of resources at their disposal to protect consumers in the midst of the COVID-19 crisis. Issues such as price gouging and unsubstantiated product efficacy claims sit atop the regulatory action list. The New York…
Read Article...Third Circuit Deals Blow to FTC Disgorgement Authority
As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. Breaking News The Third Circuit has just issued an opinion in FTC v. AbbVie, Inc. holding that the FTC is not entitled to seek disgorgement under Section 13(b) of the FTC Act. In August 2019,…
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