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DRMA Voice April 2013

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16 Apr, 2017


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Legal and Regulatory Voices of DRMA
Nutrisystem Defeats Class Certification 
The direct response marketing industry has long been a huge target of consumer class action litigation, particularly in California. A recent federal district court ruling in that state, denying class certification in a putative class action filed against Nutrisystem, may give renewed hope to marketers that such actions can in fact be defeated.
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Anything You Can Clean, I Can Clean Better 
Rug Doctor Inc. and Bissell Homecare Inc. went head to head recently in a pair of dueling false advertising cases brought before and decided by the National Advertising Division (NAD) of the Better Business Bureau (BBB).
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Social Network Path Penalized $800K by FTC for Consumer Privacy Violations 
Path is the operator of a social networking service similar to Facebook that allows users through a mobile application (app) to upload, store and share photos, messages, geographic locations and other similar data with small networks of up to 150 friends. Although Path is a small emerging technology company with most consumers unfamiliar with its services, the Federal Trade Commission (FTC) filed a strict enforcement action against it for consumer privacy violations. The FTC charged Path with deceiving its users and improperly collecting personal information, including that of children, and ultimately assessed Path with an $800,000 civil penalty after the company agreed to settle the charges.
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‘Clear & Conspicuous’: What It Now Means to the FTC in Digital Advertising 
Last month, the Federal Trade Commission (FTC) finally gave the digital advertising world what it’s been waiting for and badly needed for years: “Dot-com Disclosures: How to Make Effective Disclosures in Digital Advertising,” to replace the sorely outdated guidelines from 2000. The revised guidelines make clear that FTC truth-in-advertising principles apply to any medium, platform or device – no matter how new or small – and attempt to offer practical advice for complying with FTC disclosure requirements in online, social media and mobile advertising.
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Committee Corner
DRMA News & Case Studies

Monarch Direct ReponseDRMA Spotlights Monarch Direct Response: A New Reign

“We strive to bring the highest levels of profitability to our clients, while simultaneously offering valuable media time and one of the highest levels of personal service in the industry,” says Eitan Cohen, president and CEO of Sherman Oaks, Calif.-based Monarch Direct Response. “We create sales through the use of multichannel marketing, using the most advanced, cutting-edge analytics and research tools to target our clients’ customers and drive them to take action.”

Cohen’s company — a long-time Direct Response Marketing Alliance (DRMA) member — was founded in 2007 as Media Stream Direct. But with vast growth continuing, Cohen and his team decided to re-brand and rename the business early this year (while also starting a new website at

Read the complete April 2013 DRMA Spotlight of Cohen and Monarch Direct Response 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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