Monday, January 27, 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.

Noteworthy Consent-Based TCPA Win for Lead Generators

Volkswagen launched a marketing campaign.  It paid dealerships nationwide to retain a third party to place service reminder calls to their customers.  Automated technologies...

FTC Enforcement Update: SCOTUS to Decide Agency’s Monetary Restitution Authority

The Supreme Court has started its new term.  FTC defense practitioners are watching closely as the Court is considering issues that may dramatically impact...

Lead Generation Platform Developer TCPA Liability Considerations

As previously blogged about here, software developers that are engaged to design lead generation management platforms for third-party use in conjunction with direct marketing...

FTC Alleges App Developer Violated COPPA by Allowing Ad Networks to Collect PI of Child-Directed Users

The Federal Trade Commission has announced that a developer of apps that are popular with children has agreed to pay $150,000 and to delete...

Payment Processor and Executive to Pay Millions to Settle FTC Allegations of Assisting in Fraudulent Schemes and Credit Card Laundering

According to the Federal Trade Commission, one of the world’s leading payment processing companies and its former executive will pay more than $40.2 million...

FTC Sends More Letters Warning Marketers to Stop Making Unsupported COVID-19 Prevention Claims

The Federal Trade Commission announced it has sent 45 warning letters to marketers about  unsubstantiated claims that their products and therapies can treat or...

Immunity Supplement Marketers Face Heightened Regulatory Scrutiny

Immunity supplements and express or implied COVID-19 prevention, treatment, cure or diagnosis-related representations are squarely within the crosshairs. Without limitation, a lack of competent and reliable scientific evidence with respect to the final product formulation - not just a single/handful of ingredient(s) - could prove disastrous for those hurriedly seeking to bring products to market without first ensuring that lawfully adequate substantiation is possessed prior to dissemination of claims.

Does Coronavirus Excuse Non-Performance Under a Contract?

The Coronavirus outbreak has raised a number of issues relating to contractual performance obligations. An excuse for non-performance of contractual obligations may potentially exist...

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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...