Thursday, February 25, 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.

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...

State Attorneys General Ask FTC to Increase Negative Option Marketing Enforcement

A coalition of twenty-three state attorneys general, led by New York AG Letitia James and Pennsylvania AG Josh Shapiro, recently submitted a...

Legal: California Governor Passes Data Broker Registration Law

If compliance with the California Consumer Privacy Act isn’t enough to fill marketers’ compliance plates, California Governor Gavin Newsome has signed a...

LEGAL: Review Websites Are Top FTC Enforcement Priority

In February 2019, the Federal Trade Commission brought its first case challenging fake paid reviews on an independent retail website. In settling the agency’s...

New Nevada Privacy Law

Nevada’s new privacy law became effective on October 1, 2019. It provides Nevada residents with a limited right to opt out of the sale...

Latest news

Biggest Scammer? Man Loses 200 lbs and Then Charged by Feds

Michael Giannulis was once a contestant on 'Extreme Weight Loss.' Now, the Federal Trade Commission says he sold fraudulent online business classes...

FTC Clarifies Social Media Advertising Policies

Attorneys Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Feb. 16, 2021....

Claim: Illya Shpetrik Outed as Head of Criminal Affiliate Network.

According to John Monarch, the CEO of the now defunct Bitcoin company Shipchain, a criminal mastermind by the name of Illya Sheptrik...

Uber Chief Claims Most Performance Marketing is Pure Fraud

Kevin Frisch, the former head of performance marketing and CRM at Uber, told the tale of how ad fraud (specifically attribution fraud)...

Shipchain, Founded by John Monarch, Gets Shutdown via SEC Enforcement Action

John Monarch, Founder and CEO of Shipchain, had his company officially shut down by the Security Exchange Commission today. The USA Herald has...
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