Internet Lawyers and Attorneys for Legal Advice and Lawsuits

eCommerce, Amazon and Investment Management Provider FTC Regulatory Compliance Considerations

2023-05-10

The Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell certain kinds of ecommerce management, business coaching, work-from-home and investment programs. In fact, in 2022 the Federal Trade Commission announced that it was exploring changes to the Business Opportunity Rule in order to broadly expand … Read more

FTC Compliance and Defense Attorney Richard B. Newman Selected to Author Consumer Protection Section of Prestigious ALM FTC Law, Practice and Procedure Treatise

2023-05-02

As a result of his demonstrated distinct subject matter expertise and track record of success in the fields of digital advertising compliance, investigations (CIDs) and regulatory defense, FTC defense attorney Richard B. Newman been selected to assume authorship of the Consumer Protection Section of the American Lawyer Media International Federal Trade Commission: Law, Practice and … Read more

Chargebacks911 Facing Feds for Alleged Unfair Practices

2023-04-18

The Federal Trade Commission (FTC) and the State of Florida have jointly filed a lawsuit against Chargebacks911, a chargeback mitigation company, and its owners, Gary Cardone and Monica Eaton Cardone. The suit alleges that the company used unfair techniques to prevent consumers from successfully disputing credit card charges through the chargeback process. According to the … Read more

The Czar of TCPA Defense: Eric Troutman’s Reign of Litigation Strategy

2023-03-21

Eric Troutman, commonly known as “the Czar” in certain legal circles, is one of the country’s top class action defense lawyers and a nationally recognized expert in Telephone Consumer Protection Act (TCPA) litigation and compliance. His deep experience and encyclopedic knowledge of the TCPA landscape make him an invaluable resource to institutional compliance teams struggling … Read more

Can the FTC Tackle Text Spam? Proposed Rules Say Yes

2023-04-182023-02-23

Unsolicited text messages are a nuisance that many people have experienced, and they can even be harmful if they contain fraudulent or deceptive content. While the Federal Trade Commission (FTC) has long been combating spam calls, the question remains whether they can do the same for text spam. The proposed rules by the Federal Communications … Read more

Data Brokers Beware: FTC’s Lawsuit Against Kochava Could Set Precedent

2023-04-182023-02-21

Kochava, an Idaho-based data broker, is currently in a federal lawsuit with the Federal Trade Commission (“FTC”) over the unrestricted sale of precise consumer geolocation data. The case, which comes before the Idaho District Court on February 21, 2023, could redefine the legal bounds of the data-sharing and data-brokering industries. The Kochava case not only … Read more

FTC’s BCP Issues Criminal Liaison Unit Report Outlining Wrongdoer Accountability Efforts

2023-01-31

On January 30, 2023, the Criminal Liaison Unit of the Federal Trade Commission’s Bureau of Consumer Protection (BCP CLU) issued its 2022 Criminal Liaison Unit Report, describing the history of the BCP CLU, its program operations, and major accomplishments over the past five years. In an effort to ensure criminal prosecution of appropriate consumer fraud … Read more

Litagation: Inside The Programmatic Fraud System

2023-01-27

As the world moves forward in the digital age, digital advertising continues to surge in value, with digital ad spending expected to exceed $571 billion in 2022 alone. However, with this significant increase in ad spending comes an increase in digital ad fraud, which is expected to exceed $80 billion in 2022. Well over 10% … Read more

FTC Explores Changes to Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities

2023-01-11

The Business Opportunity Rule (“Bizz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a required payment, and the seller – expressly or by implication – makes certain kinds of claims. Without limitation, opportunities where … Read more

What Marketers Need to Know About FTC Endorsement Guide Penalty Offense Notices and CIDs

2022-12-09

The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands. A Notice of Penalty Offenses is a document listing certain types of conduct that the FTC has determined, in one or more litigated … Read more

Ringless Voicemail Classified as Calls Under TCPA

2022-12-01

Ringless voicemails have always been a thorn in our sides, but now they’re also a thorn in the FCC’s side. The Federal Communications Commission has determined that these silent voicemails are covered by the same Telephone Consumer Protection Act (TCPA) rules that forbid robocalls without consent. Companies need your permission to leave these junk messages … Read more

FTC Ad Compliance Lawyer on Proposed Work-at-Home Revisions to BizOpp Rule

2023-02-052022-11-21

The FTC recently voted unanimously to issue an Advance Notice of Proposed Rulemaking (ANPR) considering modification to the FTC’s Business Opportunity Rule (BOR). The BOR as currently applies a “commercial arrangement” in which a “seller solicits a prospective purchaser to enter into a new business,” the “prospective purchaser makes a required payment, and the “seller, expressly or … Read more

Kim Kardashian’s SEC Settlement is a Wakeup Call for Marketers

2023-02-052022-10-14

Unless you’ve somehow managed to avoid matching with a crypto fiend on Hinge recently, you’ve probably heard about Kim Kardashian’s recent SEC charges. In case you need a recap, here’s what went down: Kim Kardashian agreed to pay a $1.26 million fine to the SEC for failing to disclose that EthereumMax paid her $250k to … Read more

How CMOs Can Respond to Shifting Privacy Regulations

2022-10-13

With states passing their own privacy legislation and companies being fined for alleged violations of existing laws, the privacy landscape has shifted under marketers’ feet. This means that the role of the Chief Marketing Officer (CMO) is changing as well, though no one expects CMOs to take over the legal department or become chief privacy … Read more