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DRMA Voice January 2013

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8 Jan, 2017


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Legal and Regulatory Voices of DRMA
Return One, Keep One for Free 
“Buy one, get one” offers: we’ve all seen them and, no doubt, many of us have been involved in advertising them. However, what happens with these offers when a consumer decides to return one of the products but keep the other? There are several possibilities: they might not receive any refund, or just a refund of the extra shipping and handling costs, because they’ve returned the additional, free product. They might have half their purchase price refunded on the theory that they really received half off of two items. Or, they might have their full purchase price refunded and keep the additional second item for free. A group of California consumer plaintiffs recently thought option three was the right answer.
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‘Gift With Purchase’ Offers Are No Child’s Play 
One of the most common and effective incentives used by DR marketers is a gift with purchase. While these types of offers may differ in some respects, such as, “Free gift, just pay shipping and handling,” the common element in all of these offers is the inducement to purchase an item with the lure of another item at no cost. Marketers that use these types of offers, however, must ensure they have sufficient inventory to meet demand, lest they find themselves subject to legal action. One large retailer recently learned this lesson the hard way, and is now facing a class action by aggrieved consumers who allegedly did not get what they were promised.
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America’s Kids Get More ‘Privacy’ for Christmas 
Children found something in their stockings this Christmas they probably hadn’t asked for and won’t understand very well but surely could use: giftwrapped pleas for greater protection of their privacy on mobile devices from their national guardian in Washington: the Federal Trade Commission (FTC).
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Tempur-Pedic Trademark Complaint Still Alive in Lanham Act Case 
As regular readers of the DRMA Voice are by now likely aware, it is easier to assert a claim under the Lanham Act than it is to summarily dispose of one. Although the precise facts are not available at this stage of the litigation, based solely upon its review of the allegations of the complaint (Tempur-Pedic Intl. Inc. v. Angel Beds LLC), a U.S. District Court for the Southern Division of Texas recently denied the defendants’ motion to dismiss the plaintiffs’ claim for unfair competition finding that it states a plausible claim under the Lanham Act.
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Committee Corner
DRMA News & Case Studies

Swipe Payment SolutionsDRMA Spotlights Swipe Payment Solutions: At Your Service

The year 2012 has been an amazing one for Swipe Payment Solutions,” says Curtis Kleinman, vice president of business development for the Los Angeles-based provider of payment processing services for a diverse group of merchants. “Swipe has seen a 382-percent increase in new client signings during the past 12 months, and the industry’s leading DR marketers and product developers have come to rely on our better rates and service — and our ability to come up with the right customized solution, no matter their needs.”

And when an industry insider calls Kleinman the face of the Direct Response Marketing Alliance (DRMA) member company, most recognize that as a vast understatement. From sponsorships to event attendance to even hosting networking parties for the DR industry, Kleinman and the Swipe team remain committed to and enthusiastic about the direct response business.

Read the complete November 2012 DRMA Spotlight of Kleinman and Swipe Payment Solutions 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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