Litigation
Litigation refers to the process of resolving disputes by initiating legal action via the public court system. State courts are established by the laws of each state. Federal courts are established under the U.S. Constitution and have narrower jurisdiction that state courts. Regulatory litigation includes government plaintiff initiated actions that include, without limitation, allegations of unlawful marketing, advertising, cybersecurity and privacy practices.
The FTC, Lead Generation and Telemarketing Sales Rule Do Not Call Enforcement
The Federal Trade Commission continues to investigate and enforce violations of the Telemarketing Sales within the lead generation industry, including lead generators that “assist and facilitate” sellers or telemarketers that violate the TSR. Recent FTC Civil Investigative Demands to lead generators illustrate that the FTC may now be resurrecting the issue of the application of…
Read Article...Five Ad Claim Substantiation Mistakes Made by Digital Marketers
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…
Read Article...Richard B. Newman Quoted by NBC San Diego on the Role of Social Media in Riot on U.S. Capitol
Social media law attorney Richard B. Newman was recently quoted by NBC 7 San Diego in a piece entitled “Role of Social Media Sites in Riot on Capitol.” View the story, here. Richard B. Newman is an advertising practices attorney at Hinch Newman LLP. Informational purposes only. Not legal advice. May be considered attorney advertising.
Read Article...Supreme Court References Plain Language of FTC Act Section 13(b) During Oral Argument
As previously blogged about here, here and here, the FTC’s remedial authority is under attack. Recently, the Supreme Court has heard long-awaited oral arguments in the AMG Capital Management, LLC v. Federal Trade Commission matter. The issue in AMG is whether the FTC is statutorily entitled to use Section 13(b) of the FTC Act to…
Read Article...FTC Charges Stock Tip Website With Deceptive Advertising
The Federal Trade Commission has recently filed a lawsuit in Maryland federal court against subscription stock trade advice website Raging Bull. The FTC alleges that the company purports to offer market tips and COVID-10 “plays” but uses deceptive marketing tactics. Regulatory agencies, not just the FTC, have been particularly interested in advertising that unlawfully leverages COVID-19-related…
Read Article...Richard Newman Quoted by Cybersecurity Dive on Seminal Supreme Court Computer Fraud and Abuse Act Case
Van Buren v. US On November 30, 2020, Cybersecurity Dive quoted Richard B. Newman about the upcoming oral arguments the Supreme Court will hear involving the Computer Fraud and Abuse Act. The Supreme Court could determine what constitutes the limits of authorized computer access under the CFAA. While Van Buren had authorized access to the…
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