Worried About the FTC? Feds and State Regulators in High Gear
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Worried About the FTC? Feds and State Regulators in High Gear

FTC and Affiliate Marketers

There are many conceivable ways to avoid a federal or state regulator’s spotlight.  What is somewhat confounding is that so many seem utterly disinterested in employing any of them.

Deliberate compliance-monitoring is one way to avoid undesired attention from regulators.  Actually, it is THE way.

Each word in your creative content, in context, and the net-effect it has upon the average consumer must be considered.  There is nothing wrong with aggressive marketing.  But there is a line.

For those who may not be paying attention, the Federal Trade Commission and various state Attorneys’ General have started the new year with some pretty agro investigative actions aimed at unfair and deceptive business practices.

Text spam, online lending, data collection and privacy are in the spotlight.  Advertisers are pointing down.  Publishers are pointing up.  Run smart.  Be prepared to demonstrate your good faith compliance efforts to adhere to lawful online advertising regulations.

Banal as it sounds, careless mavericks are attracting unnecessary attention to an industry that is already the focus of legislative reform efforts.  If you want to avoid the receipt of a regulatory love letter in the future, take proactive measures, now.

The good news is that if you run your campaigns the right way, under the watchful eye of advertising compliance counsel, you can maintain healthy margins without spending your hard earned money dealing with over-zealous regulators.

For those who just will not stop blatantly waiving red flags, do not say you were not warned.

Written by Richard B. Newman

Richard B. Newman is an Internet Lawyer at Hinch Newman LLP focusing on Internet law, online marketing compliance, regulatory defense and digital media matters. His practice includes complex commercial litigation defense, SPAM law compliance and litigation defense, intellectual property transactional and litigation matters, advising clients on promotional marketing programs, and negotiating and drafting legal agreements.

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