The Secure and Fair Enforcement Banking Act of 2019 (“SAFE Banking Act”) recently passed the U.S. House of Representatives. The SAFE Banking Act is designed to protect federally-insured financial institutions that provide services to marijuana-related businesses in states where it has been legalized. Should the bill get through the Senate and ultimately be signed by … [Read more...]
CBD Advertising and FTC Enforcement
Since passage of the “Farm Bill” which legalized hemp-derived CBD containing less than 0.3% THC, the Federal Trade Commission has twice issued warning letters to marketers of CBD products. In March 2019, the FTC and U.S. Food and Drug Administration issued warning letters to companies that allegedly made false and unsubstantiated “disease treatment” claims for CBD products. … [Read more...]
The affiliate marketers blueprint to futureproof your business
The affiliate channel has always had a chameleon like ability to adapt to its environment. However, as consumer and regulatory concerns about privacy and data escalate, brands ramp up their demands for transparency and tech giants clampdown on what can be tracked online. As such, affiliate marketing is faced with an influx of new challenges. In 2020, what should brands be … [Read more...]
Aragon’s Pay Per Call Money Match Challenge!
This October beat your September commissions & get a cash bonus! Affiliates who beat their September 2019 earnings by at least $500 qualify automatically for the challenges and will receive bonuses ranging from $50 to $1,500. If you just started working with Aragon, no worries, you can still play! Earn at least $500, and you will automatically qualify for these bonuses … [Read more...]
TCPA Update: Telemarketer Friendly ATDS and Single Text Rulings
A Florida federal court recently ruled in favor of the defendant when it held that dialing equipment must have the requisite “present capacity” to constitute an ATDS (Brown v. Ocwen Loan Servicing LLC) Here, husband-and-wife plaintiffs claimed that defendant mortgage servicer violated the Telephone Consumer Protection Act because it used an ATDS and an artificial or … [Read more...]
Three Tips to Help Publishers Prepare for The Holiday Season
With fall officially here, it’s time to start thinking about the holidays. While it is tempting to delay marketing campaigns targeting holiday shoppers until Q4, the fact is that, according to Rakuten Marketing data, almost half (48%) of global shoppers have started buying presents for the holidays by July. Now is the time for publishers to focus on preparing for the biggest … [Read more...]
The Uber Pay-Per-Install Lawsuit
Uber's lawsuit against Bidmotion/Hydrane and up to 100 John Doe ad networks for fraudulent app installs is still wending its way through the court system here in San Francisco. The court documents are fascinating because Uber is suing the ad networks and exchanges that ran their media. As analyst Dr Augustine Fou says, "This is utterly significant because this raises the risk … [Read more...]
Ten Tips on How to BE A CONTENT CREATOR in Affiliate Marketing
Content creators are taking the lead. After 20 years of affiliate revenue being dominated by the coupon and loyalty space, power is shifting to content creators. A content creator is any person or company that creates content to inform and attract an audience and shares that content through a variety of distribution channels, usually on their own website, blog, … [Read more...]
How Artificial Intelligence Can Make Click-Tracking Better For Everyone
An interview with Peter Varga, managing director of ThriveTracker A click-tracking application needs to be a part of every performance marketer's toolkit, allowing multiple campaigns and media buys to be analyzed in one place using independent data. There are a few good click-trackers in common usage, and one of the most interesting is ThriveTracker, designed from the ground … [Read more...]
CBD: The FDA and State Attorneys General
Former U.S. Food and Drug Administration Commissioner Scott Gottlieb recent stated that, “the CBD craze is getting out of hand…” Federal law currently permits for the distribution of hemp-derived CBD products that contain 0.3% THC or less to be sold, with certain exceptions. The FDA has indicated that it will be increasing regulations, as well as making recommendation … [Read more...]
How do Influencer Marketing and Affiliate Marketing Fit Together?
By Katerina Khalus, Spain and Latin America Team Lead at Admitad As 92% of marketers who tried influencer marketing found it to be an effective instrument, many now see it as the fastest-growing online customer-acquisition channel. It’s sister, strategy affiliate marketing, is also on the rise, as recent data shows that sales through new traffic channels increased by a … [Read more...]
Federal Auto Renewal Legislation Proposed
While FTC attorneys continue to focus upon recurring payment issues and aggressively enforce ROSCA compliance, a number of states have recently enacted or supplemental legislation on automatic renewal contracts (e.g., California, North Dakota, Vermont and Washington D.C.). Federal lawmakers may now be getting into the oversight act. Rep. Mark Takano (D-Calif.) recently … [Read more...]
Court Addresses Unconstitutional TCPA Damages and Who Can be Held Liable
A company that managed the ownership rights of a film hired a company to promote and market the film. There were approximately 3.2 million telephone calls made over a short period of time that delivered a prerecorded audio message from former Arkansas Governor Mike Huckabee. The two plaintiffs received two voice messages and subsequently initiated class action … [Read more...]
FTC Attorneys Announce “Back-to-Basics” Advertising and Data Security Workshop
The Federal Trade Commission has announced that, along with its regional partners, it will conduct a public workshop in Atlanta on Thursday, August 15, 2019, on truth-in-advertising basics and data security compliance. Designed for digital advertisers, the ad tech industry and FTC CID attorneys, Green Lights & Red Flags: FTC Rules of the Road for Business will feature … [Read more...]
Federal Court Holds TCPA Plaintiff Did Not Adequately Allege ATDS
In Bader v. Navient Solutions, LLC (N.D. Ill. June 14, 2019), the North District of Illinois dismissed a Telephone Consumer Protection Act (TCPA) plaintiff’s claims on the basis that the complaint did not possesses sufficient facts to plausibly allege the defendant had used an automated telephone dialing system (ATDS), consistent with post-ACA International v. Federal … [Read more...]