“Ringless voicemails” are messages left in a consumer’s mailbox without ringing their cell phone. The Telephone Consumer Protection Act protects consumers from unwanted robocalls. The TCPA, in pertinent part, prohibits making any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number without the … [Read more...]
Copyright Attorney Discusses Advertiser Vicarious Liability for Social Media Influencer Infringement
UMG Recordings, Inc. v. Vital Pharmaceuticals, Inc., 2022 WL 2670339 (S.D. Fla. July 11, 2022) involves a copyright infringement action brought by a group of music publishers and record companies against an energy drink and sports nutrition supplement company doing business as Bang Energy and its CEO. The plaintiffs’ claims included direct and indirect infringement … [Read more...]
FTC Reminds Lead Generators Not to Misuse Sensitive Consumer Data
Lead generators and digital marketers, beware. The issue of legitimate data use, reasonable expectations, disclosures, affirmative consent, data privacy compliance and lead generation best practices are still front-and-center at the Federal Trade Commission. Among the most sensitive categories of data collected by connected devices are a person’s precise location and … [Read more...]
Use of Certain Technologies to Track Web Session Data May Violate Law
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as provided by Ninth … [Read more...]
Why The Speed of Relevance Can Help You Win
Every crisis is an opportunity. This is not a new insight, but in 2022 it bears special significance. The performance marketing industry is going through an unprecedented level of change. The combination of COVID, increasing regulation and privacy concerns, and the potential break-up of Google and Facebook - the two companies that between them provide much of the online … [Read more...]
CFPB Issues Warning About Contractual Gag Clauses and Consumer Reviews
On March 22, 2022 the CFPB issued a policy statement on contractual “gag” clauses and fake review fraud. While the bulleting indicates that financial companies will face consequences for illegally manipulating or suppressing consumer reviews, the message is one with broader implications for all digital marketers. The policy guidance regarding potentially illegal practices … [Read more...]
New Blue Book Results: Top 20 CPA Affiliate Networks For 2022
Best CPA Network Overall: Perform[cb] Perform[cb] continue their multi-year run as our best-rated CPA network overall. They have been consistently assertive in the marketplace with an effective acquisition strategy and innovative technology. Their new mobile app for partners, PerformLEAP Partners, is a game-changer. They are deserving winners. A special mention for our new … [Read more...]
FTC Rules With Civil Monetary Penalties for Deceptive Earnings Claims and Targeted Marketing May Be Forthcoming
Accountable Tech has recently filed a petition for an FTC rulemaking that would ban “surveillance advertising” as an “unfair method of competition.” The group cites the ad practices of surveillance ad giants like Facebook, Google and Amazon. The petition notes that President Biden’s Executive Order encourages the FTC to use its rulemaking authority to address “unfair data … [Read more...]
Shaping the Perfect Matchmaker for Content Creators
It is now official: Content Creators and Influencers are the new MVPs in the web marketing game. Influencer marketing is today’s fastest-growing online customer acquisition method. The fast-paced professionalization of social media stardom and formalization of legitimate practices open the way for a prosperous new era. Over the last five years, the number of new … [Read more...]
Removing Barriers for Influencers and Content Creators
Whether the platform is Instagram, TikTok, Facebook, YouTube, a podcast, or a blog; influencers and content creators are at the top of affiliate recruitment wish lists of almost all merchants. Stats shared by Shopify this year underscore the value of influencers for eCommerce brands -- 61% of consumers trust recommendations from influencers more than the 38% that trust branded … [Read more...]
8 Easy Ways To Refresh An Email Campaign
Are You Regularly Updating Email Campaigns To Keep Customers Engaged? Publishers and advertisers know how important effective email strategies can be to their bottom lines. During the pandemic, email send volumes soared as brands looked for ways to reach their customers and encourage new online sales. Time and time again, email has proven itself to be effective — as long as … [Read more...]
Interview with Rakuten’s CRO Jeff Wender
There is a reason Rakuten Advertising has been consistently voted our #1 ranked CPS network. They offer a massive partner network; real-time, multi-touch attribution; state of the art technology; and a reputation for excellence in customer service. It's a compelling package that goes a long way to explaining their record of sustained innovation and success. How do they do it? … [Read more...]
CPA MarTech Year In Review 2021
As the year comes to a close, the Perform[cb] team is taking a moment to reflect on the tools and technology that helped our marketers and affiliates achieve outstanding results in 2021. The CPA marketing industry is constantly evolving, so of course, we must do the same. With a ton of new features launched, our patented platform, PerformLEAP, is a virtual candy store where … [Read more...]
How To Boost Sales & Incentivize Affiliates During The Holiday Season
An affiliate program is designed to bring you niche traffic and new customers. It means that you already have a strong network that can help you increase your sales. Seasonal trends, such as the winter holidays, offer a great opportunity to take things to a new level by giving your program a boost and to skyrocket affiliate sales. The American researchers predict that by … [Read more...]
A Holiday Season Like No Other: 8 Keys to Success
The holiday season takes a special turn in 2021. Still, it remains the busiest and most profitable time of the year for retailers and affiliate marketers worldwide. CrakRevenue shares 8 overlooked and powerful tips to get your campaigns ready and on point for this peculiar consumption frenzy. You can find dozens of holiday season marketing ideas to boost your sales. Still, … [Read more...]