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All Blue Book Articles

Third Circuit Deals Blow to FTC Disgorgement Authority

by Richard B. Newman on October 3, 2020

As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. Breaking News The Third Circuit has just issued … Read Article

Finding Opportunities In The Pandemic Lockdown

by Olivier Bourque, CrakRevenue on September 29, 2020

The last six months have been anything but normal. It’s not often that the world shuts down and experiences an international pandemic, and the resulting lockdowns and social … Read Article

Solving Top Affiliate Campaign Optimization Needs with Technology

by Performcb on September 22, 2020

Behind many a great affiliate success story lies an unsung hero, and that’s great affiliate technology. Innovative affiliate platform technology acts as a supporting pillar of successful affiliate … Read Article

FTC Settles Charges Against Online Investment Training Program Providers While Doubts About the Scope of FTC Enforcement Authority Loom

by Richard B. Newman on September 22, 2020

As previously blogged about here, providers of online training and business coaching programs have increasingly found themselves on the receiving end of unwanted Federal Trade Commission scrutiny.  A … Read Article

Advertiser and Network Responsibilities for What Others Say in Social Media

by Richard B. Newman on August 28, 2020

As previously blogged about here, the FTC actively continues its assault on paid-for rankings, ratings and review websites. The FTC’s Endorsement Guides provide that if there is a “material … Read Article

Supreme Court Expands TCPA to Cover More Categories of Speech

by Richard B. Newman on July 13, 2020

In a 6-3 opinion, delivered by Justice Kavanaugh, the Supreme Court affirmed the Fourth Circuit’s ruling in Barr v. American Association of Political Consultants, Inc. and held that the government-debt … Read Article

Matt Frary Talks About The DMS Acquisition Of SmartChaos

by Matt Frary on July 12, 2020

The industry is seeing a trend towards consolidation and what I believe is driving it is the scale necessary to help manage a large brand’s customer acquisition. OPMs … Read Article

Performance Marketing M&A Accelerates

by Chris Trayhorn, Publisher of mThink Blue Book on July 12, 2020

The news last week that DMS has acquired SmarterChaos came as no surprise. This deal seems an obvious one as networks scramble to expand their agency capabilities. It … Read Article

Breaking News: Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions

by Richard B. Newman on June 25, 2020

On June 22, 2020, the Supreme Court issued its highly anticipated opinion in Liu v. Securities and Exchange Commission.  In doing so, the Court rejected the Liu petitioners’ … Read Article

Court Enforces TCPA Clickwrap Agreement in a Victory for Marketers

by Richard B. Newman on June 10, 2020

One of the key issues in any Telephone Consumer Protection Act class action lawsuit is whether there exists “prior express written consent.”  In a noteworthy victory for marketers, … Read Article

California Redefines Analysis of Independent Contractor Classification

by Richard B. Newman on May 22, 2020

In September 2019, California Governor Gavin Newsom signed a new measure (AB 5) that essentially redefines businesses classify employees and independent contractors.  The legislation, as drafted, will result … Read Article

CAKE's Parent Company Buys TUNE

by Chris Trayhorn, Publisher of mThink Blue Book on May 21, 2020

CAKE’s parent company, Constellation Software, is acquiring TUNE. The announcement yesterday means that two of the biggest network and partner tracking platforms will be under the same ownership. … Read Article

Dietary Supplement Marketing and Earnings Claims Amid Coronavirus Pandemic

by Richard B. Newman on April 26, 2020

Unsubstantiated marketing claims that exploit consumer anxiety amid the coronavirus pandemic are a top priority for private class action litigants and federal regulators.  In fact, the FTC and … Read Article

What Advertisers & Publishers Should Be Doing Now

by Chris Trayhorn, Publisher of mThink Blue Book on April 22, 2020

We are now six weeks into the coronavirus crisis. The dust is settling a little and it is beginning to be possible to see the contours of what … Read Article

Performance Marketing Provides Stability & Measurable Returns In A Crisis

by MaxBounty on April 16, 2020

When discussing how the ongoing pandemic could influence performance marketing, I think it’s important to first recognize the potential complexity of that influence. By that I mean consumers, … Read Article
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