Author: Richard B. Newman

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 ... Read Article

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, ... Read Article

One of the key issues in any Telephone Consumer Protection Act class action lawsuit is whether there exists “prior express written consent.”  ... Read Article

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

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

The New York Office of the Attorney General is actively investigating the advertising or offering for sale of necessary consumer goods at ... Read Article

The FTC’s Endorsement Guides provide that if there is a “material connection” between an endorser and an advertiser – in other words, ... Read Article

In one form or another, limitation of liability clauses are almost always in digital marketing contracts.  They typically attempt to exclude certain ... Read Article

If compliance with the California Consumer Privacy Act isn’t enough to fill marketers’ compliance plates, California Governor Gavin Newsome has signed a ... Read Article

The Secure and Fair Enforcement Banking Act of 2019 (“SAFE Banking Act”) recently passed the U.S. House of Representatives.  The SAFE Banking ... Read Article

Since passage of the “Farm Bill” which legalized hemp-derived CBD containing less than 0.3% THC, the Federal Trade Commission has twice issued ... Read Article

A Florida federal court recently ruled in favor of the defendant when it held that dialing equipment must have the requisite “present ... Read Article

Former U.S. Food and Drug Administration Commissioner Scott Gottlieb recent stated that, “the CBD craze is getting out of hand…”  Federal law ... Read Article

While FTC attorneys continue to focus upon recurring payment issues and aggressively enforce ROSCA compliance, a number of states have recently enacted ... Read Article