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’ argument that the SEC is not entitled to “equitable” disgorgement of profits from unlawful activity in securities litigation, but provided for deduction of legitimate expenses. The opinion was authored … [Read more...]
Court Enforces TCPA Clickwrap Agreement in a Victory for Marketers
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, consent related mechanisms made all the difference. In Lundbom v. Schwan's Home Service, Inc., the plaintiff filed a TCPA lawsuit, alleging that the defendant violated the TCPA by sending her … [Read more...]
California Redefines Analysis of Independent Contractor Classification
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 in a significant number of contractors being reclassified as employees which may, in turn, potentially impact wage-and-hour requirements, legal liability and devastate … [Read more...]
CAKE’s Parent Company Buys TUNE
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. This is a continuation of Constellation's strategy of rolling up SaaS companies under their Perseus Operating Group, with specific focus on performance marketing. In a blog post, … [Read more...]
Dietary Supplement Marketing and Earnings Claims Amid Coronavirus Pandemic
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 FDA have recently issued joint warning letters about express and implied claims on marketing materials that are not supported by competent and reliable scientific … [Read more...]
What Advertisers & Publishers Should Be Doing Now
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 lies ahead for the economy and the affiliate marketing industry. Let's review what we know and what looks likely, and what it means for your business. What Is Working? In talking to people around the industry I'm impressed with how … [Read more...]
Performance Marketing Provides Stability & Measurable Returns In A Crisis
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, affiliates, advertisers, and networks are all likely to be impacted differently and to varying degrees. The way they’re individually affected also inherently impacts their relationship … [Read more...]
In Performance Marketing, Relationships And People Are At The Core Of All That We Do
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 front" as we pivot towards affiliate marketing offers that help humanity like Tele Medicine Offers, Hand Sanitizers, and we are working on sourcing masks for hospitals to protect our doctors and nurses. Our offers like … [Read more...]
Now Is The Moment For Performance Marketing To Shine
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 we can begin to ask what the world will look like once we emerge. Three thoughts: People with jobs will have pent-up demand so we can expect consumer spending to jump as the lockdown eases. However, there are a lot of people newly … [Read more...]
NY AG Focused on Price Gouging During COVID Outbreak
The New York Office of the Attorney General is actively investigating the advertising or offering for sale of necessary consumer goods at unconscionably excessive prices during the period of market disruption caused by the (COVID-19) outbreak. Necessary consumer goods include sanitizing and disinfecting products used to mitigate the spread of COVID-19. They also include … [Read more...]
Where Now for Affiliate Marketing?
At a time where so much is in flux, we’re incredibly fortunate to be in an industry that not only has the ability to continue to operate seamlessly, but has the chance to really soar. Though it’s impossible to anticipate every possible change and outcome that could occur in the coming months, we see the environment created by COVID-19 as one of great opportunity for performance … [Read more...]
Gus Brito Of Flexoffers.com On What Lies Ahead For Affiliate Marketing
We believe that this is a time to be looking forward, so we are asking industry leaders for their thoughts on what lies ahead. Today, the always interesting Gus Brito, director of marketing at Flexoffers.com: In the short term as people stay home and are not able to go shopping, online sales could go up for some verticals, especially for those with consumable delivery … [Read more...]
Kathy Bryan Of DMS On What’s Next For Affiliate Marketing
We believe that this is a time to be looking forward, so we are asking industry leaders for their thoughts on what lies ahead. Today, Kathy Bryan, chief marketing officer at Digital Media Solutions: It's hard to know yet what the COVID-19 pandemic means for the performance marketing industry. There are many people predicting worse case scenarios. Conversely, there are some … [Read more...]
Kathy Bryan Of DMS (aka W4) Talks Women In Performance Marketing & What Lies Ahead
When everything has gone crazy it can sometimes be easy to forget that life will return to normal soon enough. With that in mind I wanted to take a moment to recognize a recent promotion to CMO for one of my favorite people in the industry, Kathy Bryan of DMS (also referenced above). We spoke two weeks ago - it seems a lifetime now, of course – about her promotion and the role … [Read more...]
Affiliate Marketing in a Time of Coronavirus
What Now For Affiliate Marketing? On the down side, consumer spending has gone through the floor. Travel, retail, entertainment and restaurants have all been hit hard. Many merchants have seen big drop-offs over the last couple of weeks. The good news? E-commerce is going to bounce back quickly because nobody is going to be heading to a mall anytime soon. Healthcare and … [Read more...]