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.

FBI Initiates Media Buy Fraud Investigation

The Association of National Advertisers recently confirmed the existence of an investigation by the Federal Bureau of Investigation and the United States Attorney’s Office for...

Canadian Company Receives First GDPR Enforcement Notice

The European Union’s General Data Protection Regulation became effective in May 2018. It establishes individual privacy rights and requirements for the collection, processing and...

Court Rules on Statutory Limits to FTC Enforcement Authority

Earlier this year, a federal judge in Delaware dealt a blow to Federal Trade Commission jurisdiction when it partially dismissed a lawsuit it filed...

Court Rules Cryptocurrencies are “Commodities”

In January 2018, the Commodity Future Trading Commission initiated legal action against My Big Coin Pay, Inc. MGC is the creator of the My...

What Nutra Marketers Must Know About the “Prior Substantiation” Doctrine

The Federal Trade Commission’s continued commitment to ensuring that marketers possess a reasonable basis for express and implied advertising claims before they are disseminated...

Court Allows Admissions of Wayback Machine Screenshots as Evidence

The Second Circuit Court of Appeals recently affirmed a ruling by the lower court, admitting screenshots from the Internet Archive - Wayback Machine (U.S....

Telemarketing + Call Centers + Vicarious Liability

Lead generators and telemarketers at early consumer touch points are not necessarily the only ones responsible for unlawful telemarketing practices. To minimize liability exposure,...

FTC and State of Minnesota Halt Sellers Playbook’s Get Rich Scheme

The Federal Trade Commission and the State of Minnesota have recently announced that they have charged Sellers Playbook, Inc. with operating a business opportunity...

Misleading Ad Materials Can Result in Criminal Liability

Mustafa Hassan Arif, a Pakistan-based marketer of non-FDA approved prescription drug products that purportedly cured a wide array of medical conditions, operated more than...

Federal Court Rules Predictive Dialer Not an ATDS

Since the D.C. Circuit’s decision in ACA International v. FCC, there has been much controversy concerning whether a predictive dialer constitutes an automatic telephone...

Federal Court Rules Ringless Voicemail is a “Call” Under the TCPA

Telemarketers often ask “is ringless voicemail legal.” Well, the first ringless voicemail message Telephone Consumer Protection Act decision says no. Ringless voicemail employs a technology...

Offshore Call Center Abuse of Consumer Data Draws Ire of DOJ

On July 20, 2018, the U.S. Department of Justice announced that 21 members of an India-based fraud and money laundering conspiracy that defrauded U.S....

FTC States That it Requires Additional Resources to Protect Consumers

The FTC recently testified before the House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection.  All five Federal Trade Commission commissioners were present...

New York Study Calls For Legalizing Recreational Marijuana Use

A study recently released by the New York Department of Health recommends legalizing adult usage of cannabis. The study is entitled “Assessment of the Potential...

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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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