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DRMA Voice March 2013

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12 Mar, 2016


DRMA Member Benefits

Blue Arrow We hope you enjoyed the DRMA Chicago Reception on March 4! Thanks for your attendance and to our sponsors: Swipe Payment Solutions, a2b Fulfillment, Dial800, OpenJar Concepts, RW Advertising and Venable.

Blue Arrow Increase exposure through the DRMA False Cover and DRMA Spotlight.

Blue Arrow Enjoy complimentary access to exclusive DRMA networking events throughout the year. Below is the upcoming schedule:

Blue Arrow Response Expo 2013: April 2-4, Hilton San Diego Bayfront. REGISTER TODAY!

Blue Arrow DRMA Summer Bash: July 25, 2013, Location TBD, Southern California.

Blue Arrow DRMA Marketer of the Year Event: September 25, Location TBD, Las Vegas.

Blue Arrow DRMA Winter Bash: December 10, New York Beer Company, Manhattan.

To view a complete list of member benefits, visit today!

Join The DRMA Today!

Legal and Regulatory Voices of DRMA
POM Wonderful, Round 3: ‘Disclosure’ vs. ‘Outright Suppression’ 
The ongoing battle between the Federal Trade Commission (FTC) and the billionaire owners of POM Wonderful is no longer really about whether the company over-hyped the curative powers of its popular fruit juice. Both the administrative law judge (ALJ) and the Commission, on review, agreed that a number of claims that POM juice prevented, treated or reduced the risk of heart disease, prostate cancer and erectile dysfunction were deceptive.
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FTC Cracks Down on Free Gift Card Offers 
Direct response marketers have increasingly embraced the offering of “free” gift cards from major retailers like Wal-Mart, Best Buy and Target as a premium incentive to drive sale of core products and services. These gift card offers are often presented via affiliate marketers that use these offers as a means of driving traffic to the marketer’s website.
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Why So Negative on Negative Option? 
Continuity marketing is a pervasive component of the American economy. Today, consumers can have regularly scheduled shipments of just about anything from DVD rentals or bacon to black socks or razorblades delivered to their doors. However, despite the utility of continuity, or “negative option,” programs, many consumers and regulators decry them. During the past several years, regulation of such programs has tightened at both the state and federal levels.
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Retailers Must Beware Non-Specific Claims on Displays 
Although Best Buy may only have been attempting to inform its customers that the battery life of a Toshiba Satellite laptop computer that it was selling might not be as long as what the tests performed on that computer indicated, a District Court in California held that its statement on its point of sale display tags for those computers that their battery life was “up to 3.32 hours,” without any explanation about the parameters of the testing that such battery life was based on, could materially mislead reasonable consumers regarding the battery life that they would likely experience in normal use of those computers. (Chad Herron v. Best Buy Co. Inc.) Based on that finding, the court denied most of Best Buy’s motion to dismiss the claims against it under California’s Unfair Competition Law and its Consumers Legal Remedies Act and allowed the case against Best Buy to proceed.
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DRMA News & Case Studies

DRMA Spotlights Dial800: Cracking the Code

Scott Richards, CEO of Los Angeles-based Dial800, doesn't hesitate when asked how the company earned recognition as part of the prestigious Inc. 5000 for the second consecutive year.

"We want to give tremendous thanks to all of the people in the direct response business who work with us and support us," he says. "They've trusted us with their business, and they are why we're on the Inc. 5000. They're why we're adding new employees. Without them, we're nothing."

Read the complete February 2013 DRMA Spotlight of Richards, COO James Diorio and Dial800 here. You can also view a video provided by Dial800 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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