Richard Newman

  • FTC Announces Telemarketer Fees for the Do Not Call Registry to Increase in 2017

    Posted on 09 September 2016. The FTC recently announced that 2017 fees for telemarketers accessing phone numbers on the National Do Not Call Registry will increase from 2016, and are set forth in a Federal Register notice. All telemarketers calling consumers in the United States are required to download the numbers on the DNC Registry to ensure they do not call registered consumers.

    Richard Newman/ Scoop- 7 readers -
  • Use of a Competitor’s Trademark in a Domain Name

    Posted on 25 April 2016. Cybersquatting is closely related to trademark infringement and trademark dilution. A person engages in cybersquatting when he/she registers, uses or sells an Internet domain name with the intent to profit from it either by ransoming the domain name back to the trademark owner or by using the domain name to divert business from the trademark owner.

    Richard Newman/ Scoop- 7 readers -
  • New EU-U.S. Privacy Shield Replaces Invalidated U.S.-EU Safe Harbor Program

    Posted on 08 February 2016. On February 2, 2016, the European Union and U.S. negotiators announced an agreement in principle to replace the invalidated U.S.-EU Safe Harbor framework in furtherance of permitting the transfer of personal data to the U.S. The new EU-U.S. Privacy Shield includes clear safeguards to be put in place by the U.S.

    Richard Newman/ Scoop- 12 readers -
  • California Automatic Renewal Subscription Service Litigation on the Rise

    The monthly subscription model possesses clear and unmistakable benefits for online product and service providers. However, despite their simplicity and lower prices, such plans are also risky. As a result, automatic renewal plans must be designed to comply with applicable federal and state consumer protection laws in order to avoid claims from consumers that they unknowingly ...

    Richard Newman/ Scoop- 10 readers -
  • FTC Announces Workshop to Examine Online Lead Generation

    Posted on 22 July 2015. The Federal Trade Commission will hold a workshop on October 30, 2015, to explore the growing use of online lead generation in various industries, including consumer lending and education. The workshop, “Follow the Lead: An FTC Workshop About Online Lead Generation,” will gather a variety of stakeholders, including industry representatives, consumer ...

    Richard Newman/ Scoop- 22 readers -
  • Amazon Takedown Process Qualifies for DMCA Safe Harbor

    Posted on 20 July 2015. On July 16, 2015, the U.S. District Court for the Western District of Washington held that disputes over actual knowledge of copyright infringement were irrelevant to an e-merchant’s ability to claim copyright safe harbor defenses under the Digital Millennium Copyright Act in a case in which the company quickly removed the infringing products upon not ...

    Richard Newman/ Scoop- 10 readers -
  • Court Temporarily Stops Online “Risk Free Trial” Skincare Marketers

    Posted on 29 June 2015. The Federal Trade Commission (FTC) has stopped a group of marketers in California from using allegedly bogus “risk free trial” offers to sell skincare products online. At the Commission’s request, a federal district court has issued a temporary restraining order against the defendants halting their allegedly deceptive marketing practices, freezing the ...

    Richard Newman/ Scoop- 12 readers -
  • FTC Disclosure in 2015 – an Important Update

    During the last quarter of 2014, the Federal Trade Commission sent warning letters to more than 60 companies that allegedly failed to make adequate disclosures in their television and print ads. Referred to as “Operation Full Disclosure,” the announcement is geared toward ensuring that advertisers comply with federal law and do not mislead consumers.

    Richard Newman/ The PMA- 7 readers -
  • Browsewrap Terms Not Enforceable Without Express Consent

    Browsewrap Terms Not Enforceable Without Express Consent Last month, the U.S. Court of Appeals for the Ninth Circuit ruled that in the absence of a prompt that requests users to affirmatively acknowledge the Terms of Use, a website’s practice of making terms of use available via conspicuous hyperlinks is insufficient to provide notice to users of the actual terms of use. The case is Nguyen v.

    Richard Newman/ Scoop- 6 readers -
  • Illinois AG Targets Student Debt Relief Providers

    The Illinois Attorney General yesterday filed lawsuits targeting what it alleges to be student loan debt scams that purportedly seek to exploit people struggling to repay their debt. The lawsuits are the first in the nation to crack down on an emerging industry of alleged scam operations charging upfront fees for services or for government services that may already be free of charge.

    Richard Newman/ Performance Marketing Insider- 10 readers -
  • Who Is The CFPB and Why You Should Be Worried

    The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) continues to aggressively serve Civil Investigative Demands (“CIDs”) upon lead generators operating within verticals that implicate federal consumer financial laws. What follows is intended to briefly address multiple theories of recovery that the CFPB could potentially pursue and mitigating factors that the Bur ...

    Richard Newman/ Scoop- 19 readers -
  • Feds Go After Acquinity CEO Gregory Van Horn

    The Federal Trade Commission has added new charges of mobile cramming to a complaint that it previously filed against a group of marketers that allegedly sent millions of unwanted text messages and robocalls to consumers. You can see the complaint, here. The Amended Complaint adds the mobile cramming charges to the Commission’s original complaint allegations that the operati ...

    Richard Newman/ Performance Marketing Insider- 13 readers -
  • The Stringent Opt-In Regime Create by Canada’s Anti-Spam Law (CASL)

    In what is widely considered to be one of the most restrictive laws on the planet dealing with commercial electronic messages, most of Canada’s long-awaited anti-spam legislation will take effect on July 1, 2014 (“CASL”). CASL regulates all commercial electronic messages that are sent or accessed by computer systems located within Canada.

    Richard Newman/ Scoop- 19 readers -