Wednesday, July 8, 2020
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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 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...

FTC Testifies Before Congressional Subcommittees About Consumer Protection Work

In recent testimony before the House Appropriations Subcommittee on Financial Services and General Government, the Federal Trade Commission described its work to protect consumers...

Seventh Circuit Drops Bomb on FTC

As previously blogged about here, the FTC’s enforcement authority has been under attack. The agency authority to obtain disgorgement under a theory of “ancillary...

TCPA Update: Court Rules Predictive Dialer Not an ATDS

Courts continue to grapple and split on what qualifies as an "automated telephone dialing system."  This creates uncertainty for telemarketers about potential liability exposure...

TCPA Claim Dismissed Based on Consent Grounds

A federal court in Ohio recently granted a motion to dismiss a TCPA case because the plaintiff did not properly alleged that he did...

FTC and FDA Warning Letters Instructive for Cannabis Advertisers

The Federal Trade Commission and the U.S. Food and Drug Administration recently sent joint warning letters to four companies that manufacture and advertise flavored liquids used...

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The FTC, CBD and the Law During Covid19

Amid the COVID-19 pandemic, a number of cannabis companies that advertised CBD products as effective in preventing or treating COVID-19 without obtaining...

FTC Settles Another Health Claim Action

“Treats Chronic Pain… Clinically Proven… Smart Device… Approved by the FDA…” These are all claims the Federal Trade Commission (FTC) says defendants...

OfferGlobe and Steve Mandes Illegal Spammers and Scammers Review.

OfferGlobe is an offshore advertising company with multiple registered addressees both in the UK and seemingly in the tax haven of Seychelles. They...

What Marketers Must Know About CBD Ads

An increasing number of celebrities and social media personalities are endorsing the use of cannabidiol (CBD) products through social media. Many of...

Affiliate Scammers Michael Giannulis and Michael Williams Named by Feds for $300 Million in Fraud

The Federal Trade Commission (FTC) cracked down a group of affiliate marketers who ensnared consumers into a fraud business coaching program called...
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