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.
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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…
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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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Draft Do-Not-Track Compliance Standard Published
On July 14, 2015, the organization in charge of developing uniform standards for World Wide Web technologies announced the “last call” for a draft proposal on how websites should comply with a user’s “Do-Not-Track” preference. If implemented, the proposal would be the very first formal standard for DNT compliance. The proposed standard describes how service…
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No Immunity for Affiliate Network with Ability to Control Advertising Process
In 2011, the Federal Trade Commission filed a series of lawsuits against affiliate publishers who used “fake news” websites to advertise weight loss products and other merchant offerings. In one of those lawsuits, the Commission joined with the State of Connecticut to include an affiliate network as a defendant. The complaint alleged, in part, that affiliate…
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NAD Rules Online Reviews Not Sufficient To Substantiate Advertising Claim
The National Advertising Division (“NAD”) recently decided that an advertiser’s use of aggregated online consumer reviews was not sufficiently reliable and representative to support a claim that its product “America’s Most Recommended.” More specifically, the NAD reviewed an advertising claim made by Euro-Pro for its Shark-branded vacuum cleaners in various media, including television commercials, infomercials,…
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NAI Announces Release of Draft Revised Data Collection Code of Conduct
Earlier this week, the Network Advertising Initiative announced the release of a draft revised code of conduct for public comment that would require those delivering targeted advertising to provide notice regarding data collection and use practices “in and around the targeted ads they serve.” The NAI is the leading self-regulatory body governing “third parties” in…
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