Saturday, April 4, 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.

The California Privacy Act’s Impending Impact on Ad Tech

Passed in 2018, the California Consumer Privacy Act (the “Act”) has been the subject of consistent controversy, criticism from tech lobbyists and support from...

Online Dating Service Found To Have Violated the CAN-SPAM Act

Zoobuh is at it, again. Recently, in the matter of Zoobuh, Inc. v. Savicom, Inc. (D. Utah), a federal district court found that the plaintiff...

Payment Processor Permanently Banned After FTC Alleges Violation of Court Order

The FTC's efforts to police the payment processing industry continue... An individual and his payment processing company have agreed to...

Widespread Data Privacy Changes Continue to Develop

The Federal Trade Commission has issued orders to numerous U.S. Internet broadband providers and related entities seeking information the FTC will use to...

Think U.S. Regulators Are the Only Ones Policing Influencer Marketing? Think Again.

The Competition and Markets Authority is the British government agency that regulates advertising. According to reports, it recently sent numerous warning...

ALERT: FTC and FDA Warn Dietary Supplements Companies About Disease Prevention Claims

On February 11, 2019, the Federal Trade Commission announced that, in conjunction with the U.S. Food and Drug Administration, three warning...

LEGAL: ADA Compliance for Websites and Mobile Apps

In addition to an FTC complaint for unfair and deceptive advertising practices, digital marketers should be aware of other, non-traditional, legal landmines...

TCPA Liability for Platform and Autodialing Software Providers

In 2015, the Federal Communications Commission stated that “initiating” a telephone call can take more than one form, including those that “take the steps...

U.S. Senators Introduce Privacy Bill Imposing Strict Obligation for Online Companies

United States Brian Schatz, the top Democrat on the Senate Communications, Technology, Innovation, and the Internet Subcommittee, along with a group of 15 senators,...

Court Rules Predictive Dialer Not an ATDS

Telemarketers across the nation continue to grapple with a deepening divide when it comes to the definition of an “autodialer” under the Telephone Consumer...

FTC Testifies Before Senate Commerce Subcommittee About Consumer Protection Efforts

The Federal Trade Commission recently issued its annual report, providing insight into the agency’s enforcement priorities. The report touches upon fraud, substantiating claims, technological...

FTC Finds Contractual Online Search Advertising Restrictions Unlawful

A recent Federal Trade Commission antitrust opinion (“Opinion”) explains why 1-800 Contacts entered into a number of unlawful anticompetitive agreements by restricting the use...

Recent FTC CIDs Focusing Upon Financial Privacy

An interesting trend has been developing with Federal Trade Commission Civil Investigative Demands (CIDs). Of late, the agency has been focusing on deceptive and unfair trade...

How Performance Marketers Can Protect Corporate Trade Secrets

Performance marketers should always consider the steps they can and should take to protect valuable corporate assets, including trade secrets, confidential information, copyrights and...

Latest news

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...

Ways to Avoid Spam Traps in Email Marketing

New research by Trustwave reveals that 26 per cent of spam is infected with malware. As a result spam filters are getting...

How to do Email Marketing During Coronovirus

During a crisis, your email communication can make or break your business. Even more importantly, it can help, hurt, or confuse people.  You...

Feds Go After Coronavirus Scammers including Jim Bakker

The Federal Trade Commission and Federal Drug Administration took action by sending warning letters to several companies for allegedly selling products using...

Affiliate Vs Partner – What’s in a Name?

There has been a lot of discussion in social forums, blog posts and conference sessions about the use of the term affiliate and/or partner marketing. 'Affiliate vs Partner' was even the Keynote panel session at Affiliate Summit West this year - and even that was inconclusive.
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