Sunday, November 28, 2021

FTC Announces Accelerated Review of Six Rules & Guides

Must read

What Are Micromoments?

Performance marketing is the latest buzzword because it’s a must when it comes to optimising your brands’ digital marketing strategy. But with all...

FIGHTING AFFILIATE SCAMS WITH ANTI-FRAUD MECHANISMS AND STRATEGIES

PartnerMatrix CEO Levon Nikoghosyan explains how the company's affiliate marketing software platform can help affiliates and operators steer clear of fraud. The industry...

FTC Testifies Before Congressional Subcommittee on Legislation to Restore Enforcement Authority

The Federal Trade Commission recently testified before the House Energy and Commerce Subcommittee on Consumer Protection and Commerce on legislation to modify the FTC’s...

Breaking: Google and Doubleclick Exposed as Major Financial Partners with Fake News Sites

The top-10 most credible ad firms accounted for 66.7% of ad traffic on fake news websites, and another 55.6%% ad traffic on low-quality websites.
Avatar
Richard B. Newmanhttp://www.hinchnewman.com
Richard B. Newman is an Internet Lawyer at Hinch Newman LLP focusing on advertising law, Internet marketing compliance, regulatory defense and digital media matters. His practice involves conducting legal compliance reviews of advertising campaigns across all media channels, regularly representing clients in high-profile investigative proceedings and enforcement actions brought by the Federal Trade Commission and state attorneys general throughout the country, advertising and marketing litigation, advising on email and telemarketing best practice protocol implementation, counseling on eCommerce guidelines and promotional marketing programs, and negotiating and drafting legal agreements.

On July 7, 2011, the Federal Trade Commission (“FTC”) announced an updated regulatory review schedule of numerous rules and guides in order to keep pace with the current technological landscape and rapidly evolving marketplace, while at the same time promoting greater efficiency and transparency.  For the first time, the FTC is seeking public comments on how the regulatory review process can be enhanced to better serve consumers and businesses, including how often it should review rules and guides and how it can modify its regulatory review program to make it more responsive to the needs of consumers and businesses.

The updated regulatory rules and guides review schedule for the next decade was published concurrently with a hearing on potential rulemaking reforms called by Rep. Cliff Stearns (R-Fla.), who chairs the House Energy and Commerce Committee’s Oversight and Investigations Subcommittee.  The initiatives are intended to ensure its regulations are current and not overly burdensome, including launching a new regulatory review web page. The FTC’s healthy regulatory review docket includes thirteen (13) rules and guides currently under review, as well as ten (10) additional rule reviews scheduled to commence sometime in 2011.  In sum, more than one-third of the FTC’s sixty-six (66) rules and guides will be under review, or will have just been reviewed, by the end of 2011.

The FTC is currently in the process of assessing its Children’s Online Privacy Protection Rule.  Particularly relevant to eCommerce business, the FTC plans on reviewing several of its guides in 2012, including the interpretation of just how Section 5 of the FTC Act applies to specific trade practices, its Guides Against Deceptive Pricing, Guides Against Bait Advertising, and Guides Concerning Use of the Word “Free” and Similar Representations.  It is anticipated that the FTC will revisit its Telemarketing Sales Rule in 2013.

The FTC’s agenda in 2014 is expected to include a review of its Standards for Safeguarding Customer Information, followed by its review of the CAN-SPAM Act in 2015.  The FTC will review its identity theft Red Flag rules in 2018.  In 2020, regulators plan to revisit the Use of Endorsements and Testimonials in Advertising Guidelines, Privacy of Consumer Financial Information Rule, Health Breach Notification Rule, and Affiliate Marketing.

Richard B. Newman is an highly-respected Internet Lawyer and FTC Defense Lawyer at Hinch Newman LLP. He has made a name for himself in the industry having been the lead attorney on several well known cases. He can be contacted at rnewman@hinchnewman.com

- Advertisement -

More articles

What's your opinion?

- Advertisement -

Latest article

What Are Micromoments?

Performance marketing is the latest buzzword because it’s a must when it comes to optimising your brands’ digital marketing strategy. But with all...

FIGHTING AFFILIATE SCAMS WITH ANTI-FRAUD MECHANISMS AND STRATEGIES

PartnerMatrix CEO Levon Nikoghosyan explains how the company's affiliate marketing software platform can help affiliates and operators steer clear of fraud. The industry...

FTC Testifies Before Congressional Subcommittee on Legislation to Restore Enforcement Authority

The Federal Trade Commission recently testified before the House Energy and Commerce Subcommittee on Consumer Protection and Commerce on legislation to modify the FTC’s...

Breaking: Google and Doubleclick Exposed as Major Financial Partners with Fake News Sites

The top-10 most credible ad firms accounted for 66.7% of ad traffic on fake news websites, and another 55.6%% ad traffic on low-quality websites.

Inside Instagrams Affiliate Plan

Good news: Instagram has upped its game once again from a creators point of view. In the rush to make the platform...