Richard B. Newman

  • SEC Issues Warning on Social Media Influencer Disclosures

    Earlier this month, the U.S. Securities and Exchange Commission issued a statement on the potentially unlawful promotion of initial coin offerings and other investment by celebrities. Along with the Federal Trade Commission, the SEC’s Enforcement Division and Office of Compliance Inspections and Examinations are keenly aware that celebrities and others are using social media ...

    Richard B. Newman/ Performance Marketing Insider- 11 readers -
  • The FTC’s New Republican Majority and Strategic Plan

    President Trump has chosen Joseph J. Simons, a renowned antitrust lawyer that has represented tech giants like Microsoft, to lead the Federal Trade Commission. Simons previously led the competition bureau of the FTC during the George W. Bush administration. Noah Phillips – chief counsel for Senator John Cornyn (R-TX) and Rohit Chopra – a fellow at a consumer advocacy group, ...

    Richard B. Newman/ Performance Marketing Insider- 8 readers -
  • FTC Settles with Operators of Tech Support Scams

    The FTC has announced that the operators of two alleged tech support scams have agreed to settle agency charges that they deceived consumers into believing their computers were infected with viruses and malware, and then charged them hundreds of dollars for unnecessary repairs. As set forth in the complaints, the defendants allegedly contacted consumers through phone calls o ...

    Richard B. Newman/ Performance Marketing Insider- 11 readers -
  • FTC Provides Guidance on COPPA and Voice Recordings

    The Federal Trade Commission is providing additional guidance on how the Children’s Online Privacy Protection Rule applies to the collection of audio voice recordings by organizations covered by the law, which requires certain operators of commercial websites or online services to obtain parental consent before collecting personal information from children under 13.

    Richard B. Newman/ Performance Marketing Insider- 10 readers -
  • 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- 15 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- 27 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 -