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DRMA Voice March 2014

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4 Mar, 2017


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Legal and Regulatory Voices of DRMA
Tax Plans’ New Math Is Bad News for Marketers 
On February 26, the Chairman of the House Ways and Means Committee announced the release of a Tax Reform “discussion draft.” The draft contains a provision comparable to one in the existing Senate Finance Committee discussion draft that will create havoc across all sectors of the marketing industry. While it is considered highly unlikely that tax reform legislation will pass in 2014, once the legislative genie gets out of the bottle it can be difficult to put back, and direct response marketers — or any business that incurs advertising expenditures to promote its products or services — should understand what Congress is contemplating.
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Living Vicariously — and Dangerously — Under the TCPA 
The legal landscape of the Telephone Consumer Protection Act (TCPA), both before and after the Federal Communications Commission (FCC) required telemarketers last October to begin obtaining the “prior express written consent” of consumers to solicit them, is so densely packed that it is impossible, in limited space, to do more than scratch the surface of the terrain. Courts coast to coast are being asked to wrestle with, and decide, a host of issues of importance to marketers who are, or any day could be, the target of a TCPA class action.
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Apple Settles With FTC for $32.5 Million 
Last month, the Federal Trade Commission (FTC) announced a major settlement with Apple stemming from Apple’s practices of allowing minors to make purchases within the app (in-app purchases) and charge those purchases to the parent’s account. While at first blush, this settlement may seem irrelevant to direct response marketers, in fact there are several lessons be gleaned from it that are highly relevant to the DR community.
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Trader Joe’s Settles ‘All Natural’ Class Action Challenge 
In another sign that private plaintiffs continue to pursue consumer-oriented claims that regulatory agencies have failed to pursue (or have chosen not to pursue) — including claims relating to advertising and labeling food products as “natural” — a putative consumer class action that was filed several years ago against Trader Joe’s has now been certified for settlement purposes and tentatively settled.
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Committee Corner
DRMA News & Case Studies

DRMA Spotlight: Mojo Research & Development — 'Finding the Right Mojo'

Mojo Research and Development, founded in 2011, is a provider of world-class business software development, E-commerce solutions and digital media. In October 2013, founder Gregory Silvano announced the launch of Mojo Now, a fully integrated marketing and E-commerce website platform created especially to serve as the online component for direct response (DR) campaigns.

Recently, Response caught up with Silvano for this DRMA Spotlight feature.

Read the complete DRMA Spotlight 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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