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  1. Richard B. Newman

    FTC Defense Lawyer: Marketers Charged With Deceptively Targeting Cancer Patients

    CellMark Biopharma, LLC and its CEO have agreed to settle Federal Trade Commission charges that they made false or unsupported claims regarding two health products they marketed as effective treatments for cancer patients’ malnutrition and “chemo fog,” or treatment-related cognitive dysfunction...
  2. Richard B. Newman

    FTC Defense Lawyer Update: Lead Generation and the Telemarketing Sales Rule

    In February of 2008, Congress passed the Do-Not-Call Registry Fee Extension Act of 2007 requiring a biennial report on the National Do Not Call Registry. The Report contains a summary of the current operations of the Registry, the impact on the Registry of new telecommunication technologies and...
  3. Richard B. Newman

    FTC Defense Lawyer - Facebook Rolls Out Tool to View Russian Propaganda Likes

    Last week, Facebook rolled out a tool that permits users to see whether they liked or followed any Facebook pages or Instagram accounts created by the Internet Research Agency, the “troll farm” that has purportedly been involved in interfering with U.S. politics. The tool is available via the...
  4. Richard B. Newman

    FTC Compliance Lawyer Alert: Debt Relief Document Preparation Services and the MARS Rule

    For years, the Federal Trade Commission and Consumer Financial Protection Bureau have actively investigated and taken action against entities and individuals that engage in deceptive mortgage assistance relief operations. Red flags for regulators include, but are not limited to: False claims -...
  5. Richard B. Newman

    FTC Advertising Lawyer Alert: 10 Things Marketers Must Know About ROSCA Compliance

    While many surmised that the new administration might bring with it less stringent regulatory scrutiny, the Federal Trade Commission is showing no signs of taking its foot off the gas when it comes to enforcing the Restore Online Shoppers’ Confidence Act. In fact, the FTC continues to expand...
  6. Richard B. Newman

    FTC Defense Lawyer Alert: Nevada Enacts Website Privacy Policy Law

    Nevada recently became the third state to enact legislation requiring website operators and online service providers to post a privacy policy. The California law was passed in 2004 and Delaware’s in 2016. Senate Bill No. 538 mandates that, commencing on October 1, 2017, websites and other...
  7. Richard B. Newman

    FTC Defense Lawyer Explains Agency’s Review of Email Marketing Rule

    On June, 22, 2017, the Federal Trade Commission reminded the public about its continuing efforts to ensure that its rules align with consumer protection goals while not unduly burdening legitimate business objectives. The standard regulatory review schedule includes a request for public comment...
  8. Richard B. Newman

    Advertising Compliance Lawyer: FTC and DOJ Obtain Record Judgment for Violation of the FTC Act

    The U.S. District Court for the Central District of Illinois has ordered penalties totaling $280 million against Dish Network following Do-Not-Call (DNC) litigation brought by the U.S. Department of Justice on behalf of the Federal Trade Commission, as well as the states of California, Illinois...
  9. Richard B. Newman

    FTC Advertising Compliance & Defense Lawyer: Regulators Halt Debt Relief Scam

    The Federal Trade Commission and the State of Florida have filed a complaint for permanent injunction and other relief against the operators of an alleged debt relief scam that purportedly bilked millions of dollars from financially strapped consumers, including the elderly and disabled...
  10. Richard B. Newman

    FTC Defense Lawyer: Authorities Crackdown on Tech Support Scams

    The Federal Trade Commission, along with federal, state and international law enforcement partners, have announced “Operation Tech Trap,” a nationwide and international crackdown on tech support scams that deceive consumers into believing their computers are infected with viruses and malware...
  11. Richard B. Newman

    FTC and State AG Defense Lawyer: NY OAG Announces Settlements with Mobile App Developers

    New York Attorney General Eric Schneiderman recently announced settlements with three health-related applications sold in Apple’s App Store and Google Play pertaining to misleading claims and privacy practices. The investigation revealed that two app developers claimed that their apps...
  12. Richard B. Newman

    FTC Defense Lawyer: Legal Implications of Offshore Trusts and Companies to Avoid Regulators

    Offshore asset protection trusts and companies are often promoted to affiliate marketers, in part, by holding out that they can preclude creditors from reaching the trust assets and coerce a quick settlement. While such methods can sometimes serve as the asset protection roadblocks that they...
  13. Richard B. Newman

    FTC Defense Lawyer - Dietary Supplement Marketing Compliance for Affiliate Advertisers

    Dietary supplements are regulated by Federal Trade Commission and the Food and Drug Administration. What follows is intended to reflect a handful of recurring issues contained in recent FTC Civil Investigative Demands and enforcement actions. 1. Advertisements must not be misleading or...
  14. Richard B. Newman

    FTC Signs MOU with RCMP to Enhance Cross-Border Consumer Protection

    The Federal Trade Commission has signed a memorandum of understanding with the Royal Canadian Mounted Police in an effort to enhance enforcement cooperation on cross-border consumer fraud matters. Click here to read more.
  15. Richard B. Newman

    FTC and Maine AG Drop Hammer on Deceptive Supplement Sellers

    The Federal Trade Commission and the Maine Office of the Attorney General have announced a complaint and three settlements with dietary supplement marketers who allegedly used radio infomercials deceptively formatted as talk shows and print ads featuring fictitious endorsers to advertise...
  16. Richard B. Newman

    California Court Dismisses TCPA Claim on Theory of Non-Traceability

    Last year, two federal courts dismissed TCPA claims because the alleged harm was found to not be “traceable” to the alleged violations. In both maters, the court opined that the alleged violation was not, in fact, the act of dialing a number. Rather, the alleged violation was the act of...
  17. Richard B. Newman

    Reformation of FTC Policy Has Begun

    Remarks of Acting FTC Chairman at ABA 2017 Consumer Protection Conference. Three reforms that will be advanced over the next couple of months: 1. Re-focus the agency on our bread-and-butter fraud enforcement mission. 2. Ensure that...
  18. Richard B. Newman

    FTC and Florida AG Crack Down on Student Loan Debt Relief Providers

    Defendants in Student Loan Debt Relief Scheme Banned from Industry in Settlement with FTC and Florida | Federal Trade Commission
  19. Richard B. Newman

    FTC and Florida AG Crack Down on Student Loan Debt Relief Providers

    Heads up for those engaged in student loan debt relief lead gen campaigns. State AGs are becoming more and more active these days, coordinating with federal regulators and investigating the advertising and data use practices of everyone in the stream of commerce, including PPC networks. Read...
  20. Richard B. Newman

    FTC and Florida AG Crack Down on Student Loan Debt Relief Providers

    Heads up for those engaged in student loan debt relief lead gen campaigns. State AGs are becoming more and more active these days, coordinating with federal regulators and investigating the advertising and data use practices of everyone in the stream of commerce, including PPC networks. In...
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