Author: Richard B. Newman

Court Rules Hyperlinking to Third-Party Content Can Create Liability

A recent Tenth Circuit decision holds that third-party material reached through hyperlinks on a company website can count as that company’s own ... Read Article

SCAM Act Legislation Introduced to Hold Platforms Responsible for Deceptive Ads

On February 4, 2026 Senators Gellego (D-AZ) and Moreno (R-OH) introduced bipartisan legislation to crack down on predatory online scams advertisements.  The ... Read Article

What Affiliate Marketers Need to Know About New York’s New AI Disclosure Law

AI-generated advertisements are a double-edged sword. Digital marketers should be properly advised on risks related to such use in conjunction with advertising ... Read Article

How to Comply With and Defend FTC “Made in USA” Labeling Rule Matters

The U.S. Federal Trade Commission has been imposing increasingly more severe monetary penalties against company’s for falsely representing that products are “Made ... Read Article

Richard B. Newman Selected to Author Consumer Protection Section of ALM FTC Law Treatise

FTC Compliance, CID, and Defense Lawyer Richard B. Newman Selected to Author Consumer Protection Section of Prestigious ALM FTC Law, Practice and ... Read Article

FTC Settlement With Credit Karma Underscores Agency Attention to A/B Testing

In September 2022, the Federal Trade Commission announced that it had taken action against credit services company Credit Karma for allegedly deploying ... Read Article

FCC Says Ringless Voicemails Require Prior Consent

“Ringless voicemails” are messages left in a consumer’s mailbox without ringing their cell phone. The Telephone Consumer Protection Act protects consumers from ... Read Article

Copyright Attorney Discusses Advertiser Vicarious Liability for Social Media Influencer Infringement

UMG Recordings, Inc. v. Vital Pharmaceuticals, Inc., 2022 WL 2670339 (S.D. Fla. July 11, 2022) involves a copyright infringement action brought by ... Read Article

FTC Reminds Lead Generators Not to Misuse Sensitive Consumer Data

Lead generators and digital marketers, beware.  The issue of legitimate data use, reasonable expectations, disclosures, affirmative consent, data privacy compliance and lead ... Read Article

Use of Certain Technologies to Track Web Session Data May Violate Law

Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to ... Read Article

CFPB Issues Warning About Contractual Gag Clauses and Consumer Reviews

On March 22, 2022 the CFPB issued a policy statement on contractual “gag” clauses and fake review fraud.  While the bulleting indicates ... Read Article

FTC Rules With Civil Monetary Penalties for Deceptive Earnings Claims and Targeted Marketing May Be Forthcoming

On February 10, 2022 the Federal Trade Commission announced that it intends to vote whether to issue an Advance Notice of Proposed ... Read Article

FTC Rules With Civil Monetary Penalties for Deceptive Earnings Claims and Targeted Marketing May Be Forthcoming

Accountable Tech has recently filed a petition for an FTC rulemaking that would ban “surveillance advertising” as an “unfair method of competition.”  ... Read Article

The FTC, Lead Generation and Telemarketing Sales Rule DNC Investigations

The Federal Trade Commission continues to investigate and enforce violations of the Telemarketing Sales within the lead generation industry, including lead generators ... Read Article

House Passes Bill Aimed at Restoring FTC Enforcement Authority

On July 20, the U.S. House of Representatives passed the Consumer Protection and Recovery Act (H.R. 2668).  Authored by Representative Tony Cárdenas (D-CA), ... Read Article
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