By Nicolas Chrétien, CEO at CrakMedia Compliance is the act or process of adhering to relevant regulations, laws, and guidelines to prevent and eliminate unethical, wasteful, and chaotic practices. Successful CPA marketing relies on relationships between Brands, Networks, and Affiliates. So having a clear understanding of its operational boundaries and managing compliance … [Read more...]
How to Push Play on Paused Budgets
While the Covid-19 pandemic is still far from over, it's safe to say that the U.S. economy is well on its way to reopening, and the global economy is following suit. The pandemic has had varying effects on brands throughout all verticals and industries with some marketers experiencing wild success as consumers transitioned to buying their goods almost exclusively through … [Read more...]
Top 3 Qualities Affiliates Look for in a CPA Network
Companies within every industry are constantly balancing their clients’ needs, and this is especially true within the affiliate marketing industry. CPA networks are faced with a special type of balancing act when working to satisfy both the needs of their marketers and affiliate partners. While the needs of marketers and affiliate partners are different, their end goals are the … [Read more...]
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 that “assist and facilitate” sellers or telemarketers that violate the TSR. Recent FTC Civil Investigative Demands to lead generators illustrate that the FTC may now be resurrecting the issue of the application … [Read more...]
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), the Act is intended to restore the Federal Trade Commission’s section 13(b) consumer protection enforcement powers and would authorize the FTC to seek permanent injunctions and other equitable relief, including restitution … [Read more...]
Important Email Marketing Legal Decision by California Court of Appeals
On June 21, 2021 in the matter of Greenberg et al. v. Digital Media Solutions LLC, the Court of Appeal of the State of California held that: (i) a recipient of a commercial email advertisement sent by a third party is not precluded as a matter of law from stating a cause of action under section 17529.5 against the advertiser for the third party’s failure to provide sufficient … [Read more...]
How Publishers Can Scale Monetization Efforts Using Push Marketing
Push marketing has emerged as a powerful way to diversify the monetization efforts of publishers by engaging large audiences with relevant and appealing offers. Monetized push marketing allows publishers to reach audiences after they have left a website. This innovative approach to monetization can help publishers scale existing efforts and are a logical addition to any … [Read more...]
FTC and U.S. Chamber of Commerce Fight About Section 13(b) of the FTC Act
Following a hearing in the Senate Committee on Commerce, Science, and Transportation last month, Federal Trade Commission Acting Chairwoman Rebecca Kelly Slaughter wrote to the Committee regarding the FTC’s position that the ability of the agency to return money unlawfully taken from consumers should be restored. The aforementioned Congressional Committee is currently working … [Read more...]
FTC Warns Marketers and Social Media Platforms About COVID-19 Claims
In April 2021, the Federal Trade Commission announced that it forwarded a tenth set of warning letters to marketers, directing them to stop making unsubstantiated express and implied claims that their products and therapies can prevent or treat COVID-19. According to the FTC, all of the marketers that the FTC contacted complied with the agency’s demand to stop making such … [Read more...]
The Highly Anticipated Supreme Court Decision in AMG Capital Management, LLC v. Federal Trade Commission is Drawing Near
And Those in Favor of a Legislative Fix to the FTC’s Embattled Enforcement Authority Under 13(b) Are Acting With a Greater Sense of Purpose Breaking news this morning: U.S. Supreme Court Halts FTC’s Ability to Obtain Ill-Gotten Gains On April 21, 2020 in the matter of AMG Capital Management, the U.S. Supreme Court effectively made it more difficult for the Federal Trade … [Read more...]
Understanding & Overcoming Top Email Inboxing Challenges
For many publishers, robust email marketing campaigns are integral to success. Well-planned email strategies offer benefits up and down the funnel, creating brand awareness, driving traffic and encouraging conversions. However, a recent study by Webbula, Email Hygiene And Verification Trends And Benchmarks, found that email inboxing issues are an ongoing problem. Email … [Read more...]
Advertiser’s Responsibilities for What Others Say in Social Media
As outlined by the FTC Endorsement Guides, advertisers are required to have “reasonable programs” in place to train and monitor members of their network. The scope of the program may depend upon the risk that deceptive practices by network participants could cause consumer harm. Some Elements Every Program Should Include Given an advertiser’s responsibility for … [Read more...]
FTC Obtains Court Order Banning Alleged Work-From-Home Scammer from Selling Business Opportunities and Using Robocalls
The Federal Trade Commission has announced that it has permanently banned an alleged work-from-home scammer from selling or promoting business opportunities and from using robocalls under the terms of a settlement. The FTC alleged that an individual and a number of companies he allegedly controlled initiated millions of robocalls nationwide to promote purported sham … [Read more...]
Court Holds Professional TCPA Litigant Can Face Fraud-Based Counterclaim
In the matter of Cunningham v. USA Auto Protection, LLC, the professional litigant plaintiff alleged that USA Auto Protection made more than twenty telemarketing calls to his mobile telephone number without consent. The defendant argued that the plaintiff - or someone acting on his behalf - completed an opt-in form on its website whereby he consented to receive telemarketing … [Read more...]
Defendant Behind Alleged Bogus Health Insurance Scheme Agrees to Settle FTC Charges
One of the defendants behind an alleged sham health insurance scheme has been permanently banned from the health care business as part of a settlement with the Federal Trade Commission. The FTC’s proposed settlement with the individual defendant stems from an ongoing lawsuit against the Florida-based Simple Health enterprise. The FTC alleges that the Simple Health … [Read more...]