Marketing & Advertising
The Internet connects marketers to customers across the country and around the world. The general principles of advertising law apply online, regardless of the existence of space constrained screens and social media platforms. The FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing, and sale.
Regulatory Compliance Watch Quotes Richard B. Newman on Email Marketing Compliance
In November 2018, Regulatory Compliance Watch – a leading publication covering compliance news, guidance and best practices for financial services professionals – quoted Richard B. Newman about the federal CAN-SPAM Act and related state laws, such as California’s Business and Professions Code Section 17529. Mr. Newman’s quote in the article expressed who does and does not have standing…
Read Article...FBI Probes U.S. Media Buying Practices
The Association of National Advertisers recently announced the existence of an investigation by the Federal Bureau of Investigation and the United States Attorney’s Office for the Southern District of New York into fraudulent media buying practices. The investigation was first reported in September but the FBI declined to confirm its existence at that time. At present,…
Read Article...New York Law Journal Publishes Article by Richard Newman About FTC Focus on Influencer Disclosures
The New York Law Journal recently published an article (registration required) authored by Richard B. Newman. The article, “FTC Laser Focused on Paid Social Media Influencer Disclosures” addresses recent Federal Trade Commission investigation and enforcement of the FTC’s Endorsement Guides, including disclosure of material connections. The article also discusses how third-parties are potentially liable for the missteps of influencers, measures that should be…
Read Article...Doing Business Online? Start With Security.
Federal Trade Commission Guidance and recent state legislation clearly set forth that reasonable and appropriate data security may depend upon the size and nature of one’s business. However, there are fundamental guidelines that apply across the board. Collection Collect only what is necessary. Never collect sensitive personal information that is not reasonably required. Not only…
Read Article...GDPR Compliance Deadline Looms
As the May 25, 2018 deadline approaches, companies are grappling with compliance issues relating to the European Union’s General Data Protection Regulation (GDPR). Those with physical operations in an EU member state have, more than likely, been preparing for quite some time. GDPR imposes strict protections for the “personal data” of EU citizens, including individual…
Read Article...Advertising Lawyer Richard Newman Authors Article on Lead Generation Marketing Agreements
Lead generation marketing agreements are critically important documents between lead generators, aggregators, call centers and end-buyers. These agreements should include basic provisions covering issues such as, without limitation, what constitutes a “lead” (e.g., consumer data, telephone calls, telephone call transfers, etc.), what constitutes a valid lead, price, payment terms, term and termination, warranties, disclaimers and…
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