FTC Defense Lawyer Affiliate Marketing

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 FTC attorney Richard Newman 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.

Federal Trade Commission attorneys recover more than 2 billion for consumersThe Federal Trade Commission’s FTC attorneys have 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, FTC attorneys dedicate 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 Regulatory Landscape Webinar

Learn Strategies for FTC Advertising Compliance, Responding to CIDs and Defending Enforcement Actions

In this recent program with Lawline - a leading provider of online continuing legal education offering intelligence to attorneys across the country - FTC lawyer Richard B. Newman discussed advertising and promotional marketing campaign compliance, FTC CID investigations and FTC lawsuits.

Click on the thumbnail to check out a clip from the webcast.

FTC Lawyers Richard Newman on Lawline Webinar

Served an FTC CID or lawsuit? Need advertising compliance advice? We can help!

FTC Consumer Report Category# of Reports% of Total
Imposter Scams535,41720.03%
Debt Collection475,51717.79%
Identity Theft444,60216.63%
Telephone and Mobile Services164,8766.17%
Banks and Lenders138,1345.17%
Credit Bureaus, Information Furnishers and Report Users136,7485.11%
Auto Related104,6043.91%
Internet Services62,9422.35%
Credit Cards51,1291.91%
Health Care47,4101.77%
Foreign Money Offers and Counterfeit Check Scams27,4431.03%
Business and Job Opportunities25,0680.94%
Computer Equipment and Software18,3500.69%
Investment Related14,8840.56%
Mortgage Foreclosure Relief and Debt Management10,0390.38%
Charitable Solicitations4,3500.16%

Percentages are based on the total number of 2018 Sentinel reports (2,994,483).
Source: Consumer Sentinel Network Data Book 2018.

Chart illustrating 2018 FTC Consumer Report categories

FTC Attorneys 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.  FTC lawyers file 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.

As an FTC attorney, 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.

Uncommon Insight

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.

FTC Lawyer Challenging Judicial Enforcement Authority

The judicial enforcement authority of the FTC is the subject of hot debate, including the FTC’s authority to bring actions in federal court for abandoned conduct or when seeking monetary relief.  FTC lawyer Richard Newman possesses distinguished experience litigating and negotiating these cutting edge issues on behalf of marketing clients.

Under Section 13(b), the FTC may seek an injunction in federal court whenever the FTC has reason to believe … that any person, partnership, or corporation is violating, or is about to violate, any provision of law enforced by the FTC.  The FTC has routinely used Section 13(b) as the basis to file lawsuits in federal court to stop allegedly deceptive, unfair or anti-competitive conduct, and to seek permanent injunctive and monetary relief.

Some courts have recently held that FTC lawyers may not bring a case under Section 13(b) of the FTC Act when the FTC cannot articulate specific facts that a defendant “is violating” or “is about to violate” the law.  The issue has created circuit splits, as well as potential strategic defense opportunities.

Richard Newman is one of a handful of FTC attorneys to have briefed and argued the issue of whether the FTC is entitled to pursue monetary damages in federal court under Section 13(b) of the FTC Act. 

Circuit splits have also recently been created following the U.S. Court of Appeals for the Seventh Circuit’s recent and controversial holding that the FTC does not have the right to monetary relief in the form of restitution under Section 13(b) of the FTC Act when initiating enforcement actions in federal court.  This decision goes further than the abandoned conduct argument because it actually limits the type of equitable relief the FTC can seeks at the conclusion of an enforcement proceeding. 

From advocacy to ad compliance and litigation, FTC lawyer Richard Newman defends the vital interests of digital marketers.  The firm knows and understands the FTC’s playbook.  We possess the experience to provide effective, efficient and strategic solutions to FTC CID investigations and enforcement lawsuits, and are often able to resolve regulatory issues quickly before they become enforcement actions. 

Real-World Experience

FTC lawyer 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 controversial 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. 

Please contact us at (212) 756-8777, via email to [email protected] or via our Online Case Submission Form.    

Please contact us at (212) 756-8777, via email to [email protected] or via our Online Case Submission Form.