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.

The battle over the scope of the ATDS definition has intensified in 2018. As has the battle over whether a predictive dialer should necessarily be considered an ATDS.

The subject of what functionalities equipment must perform to qualify as an ATDS has created deep splits of opinion throughout the U.S. judicial system. Mr. Newman’s article examines some of the most noteworthy opinions governing the meaning of the statutory “capacity” language, to date, and looks forward at how some critical telemarketing issues are likely to be resolved in the future.

View the article here.


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 … Continue reading FTC Attorney Richard Newman Quoted in Bloomberg Law on Record NY OAG COPPA Settlement

Annual FTC Report Provides Insight Into Enforcement Priorities

The Federal Trade Commission recently issued its annual Financial Report, which covers its enforcement policy. Not surprisingly, the agenda includes bread-and-butter fraud, claim substantiation-related issues, technological innovation, endorsements, undisclosed material connections, influencer campaigns, health-related advertising claims, dietary supplements, disease prevention and treatment claims, deceptive or unfair practices in the financial marketplace, sponsored content, native advertising, and … Continue reading Annual FTC Report Provides Insight Into Enforcement Priorities


New York Law Journal Quotes Richard B. Newman on FTC U.S. Origin Claim Enforcement

NYLJ quotes Richard B. Newman regarding the uptick in “Made in USA” enforcement by the Federal Trade Commission (FTC).  According the Mr. Newman, “marketers that advertise products utilizing U.S. origin claims must know how the FTC is pursuing these matters, related legal obligations and prohibitions, and how to implement preemptive corrective action plans.  The full article can be read at the New … Continue reading New York Law Journal Quotes Richard B. Newman on FTC U.S. Origin Claim Enforcement

LabMD Sues FTC Lawyers

LabMD Sues FTC Lawyers The LabMD saga has been a fascinating one. In 2016, LabMD was accused by the FTC of exposing sensitive patient information due to less than adequate data security practices. LabMD then requested that the court reconsider its decision that two Federal Trade Commission lawyers had qualified immunity from liability for filing … Continue reading LabMD Sues FTC Lawyers