Richard B. Newman

  • ROSCA Compliance: 10 Things All Marketers Must Know 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 its enforcement of ROSCA into numerous industries and aggressively pursue n ...

    Richard B. Newman/ Performance Marketing Insider- 14 readers -
  • ALERT: Nevada Enacts New 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 online services must make available, in a manner reasonably calculated to be accessible ...

    Richard B. Newman/ Performance Marketing Insider- 23 readers -
  • Remaining Defendants Settle FTC Telephone Cramming Case

    On June 23, 2017, the Federal Trade Commission announced that the remaining defendants behind a “massive landline cramming operation” agreed to settle Federal Trade Commission charges that they placed more than $70 million in unauthorized charges on consumers’ phone bills. The settlements with defendants Steven Sann, Terry Lane and the corporate defendants who allegedly oper ...

    Richard B. Newman/ Performance Marketing Insider- 20 readers -
  • Canadian Government Suspends CASL Private Right of Action

    As previously blogged about, here, a private right of action for violations of Canada’s Anti-SPAM law was to go into effect as of July 1, 2017. Earlier this month, however, the Canadian government announced that it has suspended the implementation of the private right of action provision, and that it will not come into effect unless the government takes further action to implement it.

    Richard B. Newman/ Performance Marketing Insider- 15 readers -
  • Google Announces Ad “Filtering” Plans for Chrome

    Last week Google confirmed intentions to add a Chrome feature designed by default to block certain types of advertisements. In doing so, Google has stated that it will work with publishers to understand the new built-in “filtering” standards and reporting tools. Websites that violate pre-determined acceptability thresholds will simply not have any advertisements displayed.

    Richard B. Newman/ Performance Marketing Insiderin Google- 18 readers -
  • Dietary Supplement Marketers Win Court Rulling

    Last month, the United States District Court for the District of New Jersey granted summary judgment in favor or Bayer HealthCare LLC in a consumer class action over its probiotic dietary supplement. In short, the dispute involved allegations that Bayer knowingly made false digestive health-related efficacy claims in violation of California and Illinois consumer protection laws.

    Richard B. Newman/ Performance Marketing Insider- 14 readers -
  • FTC Issues Dietary Supplement Marketing Guidance

    Earlier this week, in cooperation with the Food and Drug Administration, the Federal Trade Commission circulated a consumer-focused reminder regarding dietary supplements. “Dietary supplements may seem like harmless health boosters. But while some have proven benefits, many don’t. Unlike drugs, dietary supplements aren’t evaluated or reviewed by FDA for safety and effectiven ...

    Richard B. Newman/ Performance Marketing Insider- 15 readers -
  • FTC 2016 Annual Highlights

    On March 28, 2017, the Federal Trade Commission released its 2016 Annual Highlights. The Highlights demonstrate the agency’s ongoing efforts to protect consumers and promote competition over the past calendar year. “2016 was a historic year for the FTC. We obtained almost $12 billion in redress for consumers, and took action in more than a dozen merger cases to preserve comp ...

    Richard B. Newman/ Performance Marketing Insider- 19 readers -
  • FTC Alleges “Risk-Free” Trials Came with Hidden Charges

    The Federal Trade Commission has filed a complaint against a group of online marketers, alleging that they deceived consumers with “free” and “risk-free” trials for access to various gadgets and online subscription services. According to the FTC, the defendants violated the FTC Act and the Restore Online Shoppers’ Confidence Act by asking people for their credit card informa ...

    Richard B. Newman/ Performance Marketing Insider- 22 readers -