• All Blue Book Articles

    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

    In Performance Marketing, Relationships And People Are At The Core Of All That We Do

    by Matt Frary on April 8, 2020

    During a crisis, leaders should lead from the front, and during the good times, leaders should lead from behind. We are working at SmarterChaos to “lead from the … Read Article

    Now Is The Moment For Performance Marketing To Shine

    by Chris Trayhorn, Publisher of mThink Blue Book on April 8, 2020

    At the end of this tunnel, there is light. Depending on where you are, the light may be closer or further away, there’s now enough of it that … Read Article
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