Lead Generation
Online lead generation is the process of connecting consumers that are interested in goods or services with the merchants or providers that provide them. It is a highly-regulated marketing method and involves the collection and use of consumer data by lead generators, lead aggregators and product/service providers via various digital channels.
Richard Newman Authors Article for National Law Review on Supreme Court Decision to Rule on FTC Disgorgement Authority
FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “Supreme Court Decides to Rule on FTC’s Disgorgement Authority.” As previously blogged about here, the Supreme Court recently upheld the SEC’s disgorgement authority but imposed various limits, including the consideration of net profits and legitimate business expenses. The article examines…
Read Article...Richard Newman Authors Article for mThink on Supreme Court Limitation of Regulatory Disgorgement Remedy
FTC compliance and defense lawyer Richard B. Newman recently authored an article for mThink titled “Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions.” The article examines the June 2020 Supreme Court opinion in Liu v. Securities and Exchange Commission. The article discusses how the Court rejected the Liu petitioners’ argument that the SEC…
Read Article...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...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…
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