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DRMA Voice April 2012

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3 Apr, 2017


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Legal and Regulatory Voices of DRMA
Court Denies Class Action in Continuity Product Case 
In the never-ending war between marketers and class actions lawyers, it is always nice to hear about a victory for a marketer. On March 6, the U.S. Court of Appeals for the Third Circuit ruled in favor of Synapse Group Inc. and against the class action plaintiffs, by affirming a lower court’s denial of class certification. Most cases are so expensive to litigate after class certification that they must be settled if the putative class gets certified. For that reason, denial of certification is a big deal for a marketer-defendant.
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Court Awards Record $30M Judgment in Latest FTC Robocall Case 
Violations of the FTC's Telemarketing Sales Rule (TSR) remain a high enforcement priority, and a recent federal court order stands as a stark reminder that such violations can result in civil penalties of monumental proportions.
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Does the New FTC 'Biz-Op' Rule Cover Internet 'Make-Money' Schemes? 
Most antiquities remain forever relics of the past, irrelevant to the present except as objects of interest and amusement. Such had seemed to be the case with the FTC's dusty old Business Opportunity ("Biz-Op") Rule, but no more. Once confined to the realm of vending machine businesses and the like, and limited to biz-ops costing at least $500, the rule has been broadened to cover sellers of "work-at-home" opportunities carrying no purchase minimum.
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Facebook Accused of Misappropriating Users' Identities for Web Ads 
Facebook users have filed a class action lawsuit – Angel Fraley v. Facebook Inc. – in the U.S. District Court of Northern California – alleging that the popular social media website unlawfully misappropriated its users' names, photographs, likenesses and identities for use in paid advertisements, known as "Sponsored Stories," displayed on Facebook website pages of the users' friends without obtaining the users' consent. Although Facebook attempted to dismiss the lawsuit, the court permitted the lawsuit to proceed, determining that Facebook's practice might be an unfair and illegal exploitation of its users.
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Committee Corner
DRMA News & Case Studies

DRMA Announces Drive to Support Amber Golden Education Fund in Honor of Industry Legend Ray Golden

SANTA ANA, Calif. –In recent months, direct response industry legend Ray Golden has been fighting a battle against lung cancer. Just two weeks ago, he was moved into hospice care. In honor of his years of service to the DR business and the legions of friends he made in our world, Response and the Direct Response Marketing Alliance (DRMA) are making Golden’s final wish our DRMA Cares project between today and Response Expo 2012: building support for the Amber Golden Education Fund.

Just two months ago, Golden announced the formation of this special educational fund for his daughter Amber. She has gone through five heart surgeries in her young life and is now in her third year of pursuing a nursing degree in order to give back to those who have helped her and others. Continuing her education to completion is likely to cost more than $50,000.

You have many different outlets to help the cause:
• Attendees of the DRMA Chicago Reception on March 12, during the International Home + Housewares Show, will be able to donate on site.
• There will also be a donation station on site at the Hilton San Diego Bayfront during Response Expo 2012, May 15-17.
• At the Response Expo Golf Tournament on May 15, the DRMA will sponsor a “mulligan hole,” where players can pay $20 to take a mulligan. All proceeds will go directly to the Amber Golden Education Fund
• And you can always donate directly by sending a check payable to the Amber Golden Education Fund c/o Wells Fargo Bank N.A., P.O. Box 3408, Omaha, NE 68103.


DRMA Spotlights Thane Intl.: The Reign of Thane

TORONTO, Ontario – Considering the average person travels almost 40 miles on a normal day, while the typical driver spends 29 miles a day behind the wheel, it’d take a decent amount of time to make it to, say, 100 different countries around the world.

That is, unless you have Thane Intl. Inc. on your side.

As one of the largest direct response companies in the world, Thane boasts a unique business model that allows it to launch a product in 100 countries around the world in less than 100 days. With its expansive network of subsidiaries, strategic partners and worldwide distributors, the Direct Response Marketing Alliance (DRMA) member company offers inventors and marketers alike an incomparable amount of know-how and connections to succeed in the DR world.

“The direct response industry is evolving, and the space is undergoing some very interesting changes,” says Amir Tukulj, CEO of Thane Intl. “Traditional retail is converging with DR; DRTV is more and more a way of supporting retail sales; and the cycles are shortening. This is happening worldwide, not just in the U.S., which is why marketers need educated, experienced partners for international business.”

Read the complete March 2012 DRMA Spotlight of Thane Intl. Inc. here, and view the Spotlight video here. Response Magazine highlights different DRMA members each month in our DRMA Spotlight. Interested in learning more? Contact John Yarrington at or (714) 338-6724.

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