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.
Second Circuit Weighs in on Definition of TCPA Autodialer
On April 7, 2020, the Second Circuit further muddied the Telephone Consumer Protection Act “automatic telephone dialing system” definition debate. In Duran v. LaBoom Disco, Inc., the Second Circuit split from recent Seventh and Eleventh Circuit decisions that aligned with the statutory language in requiring “random and sequential number generation.” Here, the Second Circuit held…
Read Article...FTC Calls for Review of Endorsement Guides
The Federal Trade Commission has recently announced that it is seeking public comment on whether to make changes to its Endorsement Guides as part of the FTC’s retrospective review of its rules and guides designed to ensure that they are up-to-date, effective and not overly burdensome. The Endorsement Guides provide guidance to marketers designed to…
Read Article...Lead Generation Compliance 101
In what has become an annual event, the Federal Trade Commission has once again reminded the lead generation advertising ecosystems of the legal regulatory obligations. In a recent article published in Law360, the Director of the FTC’s Bureau of Consumer Protection first referenced a proposed FTC settlement with the operator of Colorado Technical University and…
Read Article...Hinch Newman Quoted by Bloomberg on Crypto Exchanges
FTC compliance and defense attorney Richard Newman was recently quoted by Bloomberg News in an article entitled “Crypto Exchanges Step Up Customer Bounties as Volume Falls.” The article discusses the cryptocurrency exchange operational, legal and regulatory related issues. “Crypto referral programs are potentially lawful if, without limitation, there are truthful and accurate disclosures, compensation is…
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