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.
FCC ADOPTS NEW RULE TO CLOSE THE LEAD GENERATOR ROBOCALL AND ROBOTEXTS LOOPHOLE
On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext defenses and closing the “lead generator” robocall/robotexts loophole. The new rules allow blocking of “red flagged” robotexting numbers, codifies Do-Not-Call rules for texting, and encourages an…
Read Article...Lead Generation Industry to be Turned on Head: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time
One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time. The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be in December when voted upon. It looks like the rule will become effective…
Read Article...Google Announces New Requirements for Bulk Email Senders to Gmail
On October 3, 2023, Google released an announcement entitled “New Gmail protections for a safer, less spammy inbox.” By February 2024, Google will require bulk senders to authenticate their emails, allow for easy unsubscription and stay under a reported spam threshold. “…[T]oday, we’re introducing new requirements for bulk senders — those who send more than…
Read Article...Richard B. Newman Quoted in Cybersecurity Law Report on Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations
FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Cybersecurity Law Report titled “Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations.” The article discusses the FTC’s recent privacy enforcement run and how it reinforces regulators’ expanding expectations for companies using video and audio recordings, smart…
Read Article...FTC Explores Environmental Claims and Pending Civil Penalty Implementing Rulemakings
On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that the agency was seeking public comment on potential updates and changes to its ‘Green Guides’ for the use of environment marketing claims. …
Read Article...FCC Notice of Proposed Rulemaking Could be Existential Threat to Lead Generation Industry
The FCC recently proposed a rule that would turn the lead generation on its head. The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from illegitimate numbers. See more, here. In addition to carrier investigation and blocking obligations, as well as an extension of DNC protections to text messages,…
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