Featured Posts
Featured Internet Law Blog posts showcase important news and developments in marketing, advertising and communications law.
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.…
Read Article...Richard Newman Authors Article for mThink on Supreme Court Limitation of Regulatory Disgorgement Remedy
FTC compliance and defense lawyer Richard B. Newman recently authored an article for mThink titled “Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions.” The article examines the June 2020 Supreme Court opinion in Liu v. Securities and Exchange Commission. The article discusses how the Court rejected the Liu petitioners’ argument that the SEC…
Read Article...Federal Court Clips FTC Judicial Enforcement Wings
The Federal Trade Commission (FTC) actively uses its authority under Section 5 of the FTC Act and other consumer protection statutes to initiate enforcement actions against marketers in federal court based upon a broad range of unfair or deceptive conduct, including, but not limited to advertising practices. Under the FTC Act, the FTC can initiate…
Read Article...Richard B. Newman Authors Article for FeedFront Magazine – Top 5 Ad Claim Substantiation Mistakes
Top 5 Ad Claim Substantiation Mistakes 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…
Read Article...Richard B. Newman Featured in DataGuidance on TCPA ATDS Definition
Telemarketing lawyer Richard B. Newman was recently featured in DataGuidance, a global privacy and regulatory compliance platform used by privacy professionals worldwide. The article, entitled “Diverging Court Decisions Over Definition of ATDS Under TCPA,” assesses recent judicial decisions pertaining to how an automated telephone dialing system should be defined under the Telephone Consumer Protection Act.…
Read Article...FTC Attorney Richard Newman Quoted in Bloomberg Law on Record NY OAG COPPA Settlement
FTC investigation attorney Richard B. Newman was quoted in Bloomberg Law in an article entitled “New York, Oath Settle Children’s Online Privacy Charges for $5M.” The article addresses the New York Attorney General announcement of a record settlement with Oath, Inc., formerly known as AOL, for allegedly violating the Children’s Online Privacy Protection Act (COPPA). The penalty is the largest-ever penalty in a…
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