Thursday, January 30, 2025

Most recent articles by:

Richard B. Newman

Richard B. Newman is an Internet Lawyer at Hinch Newman LLP focusing on advertising law, Internet marketing compliance, regulatory defense and digital media matters. His practice involves conducting legal compliance reviews of advertising campaigns across all media channels, regularly representing clients in high-profile investigative proceedings and enforcement actions brought by the Federal Trade Commission and state attorneys general throughout the country, advertising and marketing litigation, advising on email and telemarketing best practice protocol implementation, counseling on eCommerce guidelines and promotional marketing programs, and negotiating and drafting legal agreements.

Court Allows Admissions of Wayback Machine Screenshots as Evidence

The Second Circuit Court of Appeals recently affirmed a ruling by the lower court, admitting screenshots from the Internet Archive - Wayback Machine (U.S....

Telemarketing + Call Centers + Vicarious Liability

Lead generators and telemarketers at early consumer touch points are not necessarily the only ones responsible for unlawful telemarketing practices. To minimize liability exposure,...

FTC and State of Minnesota Halt Sellers Playbook’s Get Rich Scheme

The Federal Trade Commission and the State of Minnesota have recently announced that they have charged Sellers Playbook, Inc. with operating a business opportunity...

Misleading Ad Materials Can Result in Criminal Liability

Mustafa Hassan Arif, a Pakistan-based marketer of non-FDA approved prescription drug products that purportedly cured a wide array of medical conditions, operated more than...

Federal Court Rules Predictive Dialer Not an ATDS

Since the D.C. Circuit’s decision in ACA International v. FCC, there has been much controversy concerning whether a predictive dialer constitutes an automatic telephone...

Federal Court Rules Ringless Voicemail is a “Call” Under the TCPA

Telemarketers often ask “is ringless voicemail legal.” Well, the first ringless voicemail message Telephone Consumer Protection Act decision says no. Ringless voicemail employs a technology...

Offshore Call Center Abuse of Consumer Data Draws Ire of DOJ

On July 20, 2018, the U.S. Department of Justice announced that 21 members of an India-based fraud and money laundering conspiracy that defrauded U.S....

FTC States That it Requires Additional Resources to Protect Consumers

The FTC recently testified before the House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection.  All five Federal Trade Commission commissioners were present...

Must read

Data, Dance, and Daring Campaigns: Erin Levzow’s Approach to Building Loyalty

How Mango Habanero, Metrics, and Masterful Moves Redefined Marketing...

Streaming’s Big Lie: The Future of TV Is Already Broke

Streaming was supposed to be the savior of TV—the...

How to Narrow the Scope of Information Sought by an FTC Civil Investigative Demand (CID)

A civil investigative demand (“CID”) is the instrument by...

The Good, the Bad, and the SPO-ly

The Hidden Flaws Behind Ad Tech’s Favorite Buzzword. Supply Path...

 2024: Goodbye Impressions, Hello Attention

Attention Metrics: The Ad Industry’s New Favorite Buzzword  2024 will...

Display Advertising: The Zombie That Refuses to Die (And Why You Should Care)

Ah, display ads. Like bell-bottoms and vinyl, they’ve been...

Ditch the Dirty Blanket: Facing the Funky Truth of Ad Spend

Look, marketing land is littered with marketers clinging to...

When Ad Titans Tango: Omnicom and IPG’s $25 Billion Waltz to Dominance

In a move that has the advertising world clutching...

Drew Stein: Master of the Hadron Helm, Now Steering Experian’s Adtech Ship

There’s now a saying in adtech: when PR people...