CrakRevenue Gives You the Secrets to Succeed Unless you’ve been living under a rock for the past couple of years, you've probably noticed that you can’t go through a day without hearing the word “Influencers.” As marketers, we cannot ignore the influencer marketing trend, and most importantly, we need to ask ourselves: how can we benefit from it? If you want to start making … [Read more...]
Third Circuit Deals Blow to FTC Disgorgement Authority
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 an opinion in FTC v. AbbVie, Inc. holding that the FTC is not entitled to seek disgorgement under Section 13(b) of the FTC Act. In August 2019, the Seventh Circuit similarly decided … [Read more...]
Finding Opportunities In The Pandemic Lockdown
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 distancing have been new experiences for most of us. Fortunately, web marketing is one of the few areas that actually benefited from this unprecedented situation. In most countries, people spent more … [Read more...]
Solving Top Affiliate Campaign Optimization Needs with Technology
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 businesses, providing actionable data analysis and automated features that save affiliates time. And the less time you spend delving into the mechanics, the more you have to focus on … [Read more...]
FTC Settles Charges Against Online Investment Training Program Providers While Doubts About the Scope of FTC Enforcement Authority Loom
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 recently announced settlement with Online Training Academy requiring its principals to turn over millions of dollars in cash and assets further illustrates the dangers of operating … [Read more...]
Advertiser and Network Responsibilities for What Others Say in Social Media
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 connection” between an endorser and an advertiser – in other words, a connection that might affect the weight or credibility that consumers give the endorsement – that connection should … [Read more...]
Supreme Court Expands TCPA to Cover More Categories of Speech
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 carve-out from the Telephone Consumer Protection Act’s robocall restrictions can be severed from the rest of the TCPA, leaving the automated calling provisions intact. The … [Read more...]
Matt Frary Talks About The DMS Acquisition Of SmartChaos
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 (outsourced program managers) typically started 10-15 years ago as one person to two person companies, with a focus on recruitment of affiliates and writing newsletters, and performing day to day functions. Some … [Read more...]
Performance Marketing M&A Accelerates
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 is a good fit between two ambitious and assertive companies. DMS is following fast on their purchase last of W4, one of the leading CPA networks in the industry, while Matt Frary has been acquiring new clients and … [Read more...]
Breaking News: Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions
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...]