Archive | Legal

What Telemarketer’s Need to Know About the “SCAMS Act”

Shortly after being named the acting chair of the Federal Trade Commission, Maureen Ohlhausen stated that a consumer protection priority during her tenure will be stopping fraudulent schemes targeting vulnerable individuals, including the elderly. The Commission is making good on that promise. In May 2017, the FTC announced a broad-sweeping nationwide and international crackdown on […]

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FTC Halts Unsupported Opiate Withdrawal Treatment Claims

According to a recent FTC press release, a company that marketed itself as “the leader in home opiate detox since 2009” and its CEO have settled Commission charges that the withdrawal treatment claims for their “Withdrawal Ease” and “Recovery Ease” products were false or unsupported by scientific evidence. According to the complaint, defendants violated the […]

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FTC Provides Influencers and Brands Courtesy Reminder to Clearly Disclose Material Connections

  The Federal Trade Commission recently circulated in excess of 90 letters to influencers and marketers reminding them of obligations to clearly and conspicuously disclose material connections in the context of social media promotions.   The letters were sent following a review of a number of Instagram posts by celebrities, athletes and other influencers. According to […]

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Congress Sets Sights on Recurring Revenue Marketing Model

  “The Unsubscribe Act” was recently introduced in Congress.  It is designed to protect consumers from automatic monthly charges via marketing campaigns that fail to clearly and conspicuously disclose material terms prior to the entry of billing information. Trial offers, automatic subscription renewals and continuity plans are prevalent in the dietary supplement industry. Many marketers […]

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FTC Drops Hammer on SPAM Email Marketing and Unsubstantiated Weight-Loss Claims by Diet-Pill Marketer

The FTC has announced that three Florida-based affiliate marketers charged with using unlawful SPAM email, false weight-loss claims and phony celebrity endorsements to market bogus weight-loss products will pay $500,000 to settle Federal Trade Commission charges.  Terms of the settlement also prohibits the defendants from the deceptive advertising and marketing tactics alleged in the complaint. […]

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Changes to TCPA Related-Issues Likely Under Next Chairman of FCC

On January 23, 2017, President Trump appointed Commissioner Ajit Pai to serve as the next chairman of the Federal Communications Commission.  Pai was appointed to the FCC in 2012 and has vehemently criticized the FCC on TCPA rulings and orders.  Many believe that his appointment will result in significant changes to the FCC’s position on […]

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Soon to be illegal to punish customers who criticize businesses online

Congress has just passed a law further protecting the right of the US consumer, essentially saying it is A-OK to post negative reviews or slander online in regards to a particular business without fear of that business seeking some sort of retaliation. The bipartisan Consumer Review Fairness Act was passed by a unanimous consent in […]

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