Friday, June 18, 2021
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AUTHOR NAME

Richard B. Newman

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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.

Congressional Commerce Subcommittee Democrats Seek to Advance FTC Act 13(b) Reform Legislation

On May 27, 2021, the House Energy and Commerce Committee’s Subcommittee on Consumer Protection and Commerce sought to advance H.R. 2668, a...

Supreme Court TCPA ATDS Ruling a Big Win for Telemarketers

On April 1, 2021, the U.S. Supreme Court issued a unanimous decision in the matter of Facebook, Inc. v. Duguid that is...

FTC Releases 2020 Annual Highlights

On March 25, 2021, the Federal Trade Commission released its 2020 Annual Highlights, emphasizing the agency’s ongoing efforts to protect consumers. “Despite the challenges...

FTC Order Requires Company and Its Owner to Pay $146,249, and Stop Making Deceptive ‘Made in USA’ Claims

The Federal Trade Commission recently announced that a company that sells customizable promotional products such as wristbands, lanyards, temporary tattoos, and buttons,...

FTC Sues Facebook for Social Network Monopolization

The Federal Trade Commission has announced that it has sued Facebook, alleging that the company is illegally maintaining its personal social networking...

Is That Non-Circumvent Provision in Your Marketing Agreement Really Enforceable?

In California,  it depends. California is notorious in the non-compete world for its virtual prohibition and scrutiny of individual non-compete and other types...

Noteworthy Consent-Based TCPA Win for Lead Generators

Volkswagen launched a marketing campaign.  It paid dealerships nationwide to retain a third party to place service reminder calls to their customers. ...

FTC Enforcement Update: SCOTUS to Decide Agency’s Monetary Restitution Authority

The Supreme Court has started its new term.  FTC defense practitioners are watching closely as the Court is considering issues that may...

Lead Generation Platform Developer TCPA Liability Considerations

As previously blogged about here, software developers that are engaged to design lead generation management platforms for third-party use in conjunction with...

FTC Alleges App Developer Violated COPPA by Allowing Ad Networks to Collect PI of Child-Directed Users

The Federal Trade Commission has announced that a developer of apps that are popular with children has agreed to pay $150,000 and...

Payment Processor and Executive to Pay Millions to Settle FTC Allegations of Assisting in Fraudulent Schemes and Credit Card Laundering

According to the Federal Trade Commission, one of the world’s leading payment processing companies and its former executive will pay more than...

FTC Sends More Letters Warning Marketers to Stop Making Unsupported COVID-19 Prevention Claims

The Federal Trade Commission announced it has sent 45 warning letters to marketers about  unsubstantiated claims that their products and therapies can...

Immunity Supplement Marketers Face Heightened Regulatory Scrutiny

Immunity supplements and express or implied COVID-19 prevention, treatment, cure or diagnosis-related representations are squarely within the crosshairs. Without limitation, a lack of competent and reliable scientific evidence with respect to the final product formulation - not just a single/handful of ingredient(s) - could prove disastrous for those hurriedly seeking to bring products to market without first ensuring that lawfully adequate substantiation is possessed prior to dissemination of claims.

Does Coronavirus Excuse Non-Performance Under a Contract?

The Coronavirus outbreak has raised a number of issues relating to contractual performance obligations. An excuse for non-performance of contractual obligations may...

Latest news

Congressional Commerce Subcommittee Democrats Seek to Advance FTC Act 13(b) Reform Legislation

On May 27, 2021, the House Energy and Commerce Committee’s Subcommittee on Consumer Protection and Commerce sought to advance H.R. 2668, a...

Feds Charges First Person Under Covid19 Scam Laws

A St. Louis-based chiropractor became the first person charged under a new federal law aimed at protecting Americans from fraudulent COVID-19 claims. Eric...

Supreme Court TCPA ATDS Ruling a Big Win for Telemarketers

On April 1, 2021, the U.S. Supreme Court issued a unanimous decision in the matter of Facebook, Inc. v. Duguid that is...

Is John Monarch Behind a $100 Million Bank Scam?

John Monarch was promoted Heavily by Affiliate Summit Founder Missy Ward, raising lots of questions. The Securities and Exchange commission delivered an early...

FTC Releases 2020 Annual Highlights

On March 25, 2021, the Federal Trade Commission released its 2020 Annual Highlights, emphasizing the agency’s ongoing efforts to protect consumers. “Despite the challenges...
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