FTC Defense Lawyer for Internet Marketing Community
In June 2018, FTC defense lawyer Richard B. Newman of Hinch Newman LLP was asked to present an online advertising compliance, regulatory investigations and government litigation webinar on behalf of the most prestigious and important online continuing legal education (CLE) providers, according to the National Law Journal. Topics he covered included an examination of recent developments in social media marketing, a discussion of compliant disclosures and the FTC Endorsement Guides, and how to develop best practices for compliance in light of recent investigations and litigation brought by the Federal Trade Commissions, state attorneys general and other regulatory agencies regarding national advertising campaigns. CLE credits were awarded for participation in the presentation.
The course was entitled “Advertising and Marketing Law: The Regulatory Landscape & Commonly Encountered IP Issues.” The course was worth 1.0 General CLE hours. Mr. Newman was one of two presenters.
Growing FTC Interest in Affiliate Marketing and Online Advertising
The Federal Trade Commission has been steadily expanding its investigation and enforcement efforts for online advertising, particularly in the area of affiliate marketing. From advertisers, and manufacturers, to networks, publishers and payment processors, the FTC dedicates significant staff and resources to ensuring that advertisements are truthful and do not contain exaggerated claims or misleading information to get people to click. The FTC also regularly partners with state and local regulators to enforce consumer protection laws and regulations, including those pertaining to telemarketing, FinTech, data privacy, health-related products and that otherwise impact vulnerable groups of individuals.
FTC’s Division of Marketing Practices
The Federal Trade Commission’s Division of Marketing Practices investigates and enforces violations of the FTC Act and other federal consumer protection laws, including the Telemarketing Sales Rule, CAN-SPAM, the Business Opportunity Rule and the Magnuson-Moss Act. It files enforcement actions in federal court for temporary restraining orders, permanent injunction relief and ancillary equitable relief, often freezing assets and seeking monetary relief.
The Marketing Practices Division is particularly focused on high-tech and Internet fraud. It devotes significant monetary resources and FTC lawyers to actively police the affiliate marketing industry and the use emerging technologies. It also coordinates closely with other local, state, federal and international law enforcement agencies
The Division of Marketing Practices develops Internet investigation training programs and maintains various enforcement priorities, a few of which are set forth below.
- High-tech Internet and telephone scams
- Deceptive telemarketing and direct mail marketing schemes
- Fraudulent business opportunity scams
- Telemarketing Sales Rule and Do Not Call violations
The FTC’s Division of Advertising Practices, in turn, safeguards consumers from unfair or deceptive advertising and marketing practices that cause economic injury, and raise health and safety concerns. Enforcement priorities of the Advertising Practices Division include investigating and prosecuting unsubstantiated health-related advertising claims.
Regulatory Litigation Focus and Concentration
Mr. Newman presented the Internet marketing compliance and consumer protection defense course at the request of an award-winning legal education provider that is highly regarded by the legal community at large, including attorneys, corporate counsel and various legal professionals. According to the Chief Executive Officer of the legal education services provider, it “takes pride in producing [an] extensive catalog of online CLE courses both with and for the best and brightest in the industry.”
A highly regarded leader in Internet marketing-related FTC and states attorneys general actions, and advertising and lead generation compliance, Richard has successfully defended affiliate marketers, networks, lead generators, emails marketers, telemarketers, tech industry participants and others within the interactive advertising ecosystem against state and federal government agencies alleging online consumer deception, fraud and privacy violations. Richard represents advertisers, marketers and Internet companies with the legal aspects of their national advertising and marketing businesses. He conduct advertising clearance reviews and advises on direct marketing campaigns. In addition to defending FTC and state attorney general investigations and enforcement actions, Richard handles complex consumer and business litigation involving false advertising issues.
Many of Richard’s cases are referred from other law firms when the need for counsel with particular online advertising compliance and litigation experience is required. Those in the legal community seeking veteran consumer-protection defense counsel have referred him numerous cases over the years when their own clients are faced with FTC investigations and enforcement matters.
He focuses on Internet law, technology law advertising law, digital media and government litigation. Richard represents clients in high profile investigations and litigation matters, and provides counseling to clients on affiliate marketing, regulatory compliance and best practices, claim substantiation, social media, privacy and data security, and other issues in the Internet advertising space.
As an FTC defense lawyer experienced in interactive advertising matters, Richard possesses a solid reputation amongst various consumer protection agencies and insight into regulatory policies governing online advertising investigations and litigation matters. In July 2018 Richard was asked for his thoughts about the new Director of the Federal Trade Commission’s Bureau of Consumer Protection by a leading telecom industry news publication.
In addition to advertising and marketing compliance and FTC investigations and defense, Mr. Newman’s seminar provided attendees with critically important information for marketers, including FTC enforcement policy, effective avoidance of regulatory landmines, how FTC defense attorneys can achieve the most favorable outcomes possible when the odds are stacked against them, the consequences of deceptive advertising, advertising disclosure requirements, performance claim standards, endorsement and testimonial guidance, online lead generation, privacy and data security, third-party liability theories and comparative advertising.
Attorney Newman is a seasoned digital advertising lawyer that has earned a high level of respect within his field. He has more than two decades of legal experience, and is regularly asked by national and international media outlets to speak about cutting-edge regulatory issues.
Mr. Newman assists clients in various practice areas, including advertising compliance, regulatory investigations, Internet law and digital media. Internet marketers can turn to the firm for competent legal representation designed to meet business goals.
Contact an FTC defense lawyer for strategic guidance on regulatory compliance and, if necessary, to successfully navigate regulatory investigations and enforcement proceedings.