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DRMA Voice June 2012

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5 Jun, 2017


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Legal and Regulatory Voices of DRMA
Judge Zaps FTC for 'Unnecessary Overreaching' Against POM Wonderful 
As previously noted in this space, the current, hyper-aggressive Federal Trade Commission (FTC) has been flexing its muscles and testing the limits of its power in ways that have heightened regulatory risk for the online and direct response marketer. This has included fundamental changes in settlement policy, abandoning an historical willingness to negotiate money judgments in favor of uncompromising demands for all assets (or “see you at trial”), and affiliate marketing consent orders that impose monitoring requirements so severe as to amount to a de facto ban on the practice.
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Has a Competitor Posted a False Yelp Review? It May Violate Federal Law 
False business reviews posted by an unscrupulous competitor on customer recommendation websites, such as Yelp, are becoming an increasing problem for advertisers. Such malicious attacks, however, may be a violation of federal law. In Colonial Marble & Granite (Colonial) v. AAA Hellenic Marble (Hellenic), a U.S. District Court in Eastern Pennsylvania considered whether an alleged "smear campaign" directed against Colonial could constitute false advertising by a competitor that is actionable under the federal Lanham Act.
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FTC to Send Refund Checks to Oreck Customers 
Last week, the Federal Trade Commission (FTC) announced that it is sending out more than 27,000 checks totaling nearly $700,000 in restitution to customers whom the agency has identified through Oreck's sales records as having purchased either an Oreck Halo vacuum cleaner or an Oreck ProShield Plus portable air cleaner during the time period when, according to the FTC, Oreck's advertisements for those products were false or deceptive.
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FTC Considers Applying Online Disclosure Guidelines to Emerging Digital, Mobile Platforms 
The Federal Trade Commission (FTC) hosted a full-day public workshop on May 30 to consider whether its current guidelines for disclosures in online advertising, known as the Dot-Com Disclosures, need to be modified or revised in light of the technological advances in digital, social and mobile media that have occurred since they were first issued in 2000.
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Committee Corner
DRMA News & Case Studies

DRMA Spotlights Icon Media Direct: An Icon Built for the Future

DRMA Spotlight - ICON Media DirectLOS ANGELES – Not many leaders in the direct response industry can call on more than a quarter-century of experience when making big decisions for their clients. But Nancy Lazkani, president and CEO of Icon Media Direct in Los Angeles, is one of them, notching 27 years in the DR space.

Lazkani's agency is celebrating its 12th anniversary this month, but that celebration is more about what's to come than what's past. The Direct Response Marketing Alliance (DRMA) member company has seen its staff grow from an initial group of 10 employees to upwards of 90 staffers today. But the key, Lazkani says, for the DR agency that specializes in campaign management, media planning and analytics, is to always be on the lookout for emerging trends and technololgy.

“One area of growth for Icon Media Direct is in our Hispanic division,” Lazkani says. “We've invested a lot in staffing and technology in that area. There are 50 million Hispanics in the marketplace now. Five to 10 years ago, it was a very hard area to break into, but today we see a plethora of telemarketing agencies with the capability of taking on Hispanic operations. We see that the Hispanic population is growing on the Web. Having our finger on the pulse of that demographic is very important to the growth of our company.”

Read the complete May 2012 DRMA Spotlight of Icon Media Direct 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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