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...]
Five Advertisers Speak Their Minds on the Importance of Network Partnerships, Transparency, and Fraud Prevention
2020 may just have been the most challenging year for business in the last 100 years. For the performance marketing industry, the challenges were mixed with some blessings. As workplaces and retail stores were shuttered and consumers were forced to stay home, in many cases working from home and online for longer hours each day, e-commerce boomed. Amidst the changes and chaos, … [Read more...]
DoJ Announces Historic Civil Penalty in a Telemarketing Enforcement Action
The Department of Justice has announced a settlement in which DISH Network LLC will pay $126 million in civil penalties to the United States for placing millions of telemarketing calls in violation of the Federal Trade Commission's Telemarketing Sales Rule. This settlement represents the largest civil penalty ever paid to resolve telemarketing violations under the FTC Act, … [Read more...]
What Will Health Insurance Open Enrollment Look Like This Year?
Each year, insurance brands and publishers must prepare for open enrollment periods, which began November 1. The pandemic and election could be factors in how people make their insurance decisions, and insurance marketers and publishers should be ready to deploy strategies that meet consumer needs and address new concerns. Differentiation Will Be Key As Insurance Shoppers … [Read more...]
Why Financial Brands Find Huge Success in Affiliate Marketing
Perform[cb]’s insights on the financial vertical and it’s growth potential A well-known fact in the industry, financial and fintech advertiser affiliate marketing budgets are on the rise as more financial brands hop on board with digital marketing opportunities. In fact, according to a recent PMA study¹, financial brands accounted for 35% of total advertiser spend across all … [Read more...]