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DRMA Voice
FTC Permanently Halts Operators of Fake Acai Berry Websites    7 Feb, 2012

Article By: Linda A. Goldstein

The Federal Trade Commission's (FTC) aggressive efforts to shut down the operators of so called "fake news sites" promoting acai berry supplements, and other weight-loss products has resulted in a strong settlement prohibiting the defendants from engaging in such conduct in the future and seizing...More>>

FTC Maintains Attention on Online Endorsers    7 Feb, 2012

Article By: Gregory J. Sater

Under the Federal Trade Commission's (FTC) Endorsement and Testimonial Guidelines, the FTC will view it as deceptive and therefore unlawful under the FTC Act if an endorser of a product in the online environment – a blogger, product reviewer, or commentator – posts, tweets, or E-mails something...More>>

No Harm, No Foul: Court Dismisses LinkedIn User's Claims of Wrongful Disclosures    7 Feb, 2012

Article By: Arthur Yoon, Jeffrey Richter

LinkedIn Corp. successfully argued for the dismissal of a class action lawsuit – Low v. LinkedIn Corporation – filed in the U.S. District Court, Northern Division of California by plaintiff Kevin Low, who alleged that LinkedIn improperly permitted third-party advertisers to view personal...More>>

In Big Win for Business, Supreme Court Upholds Mandatory Arbitration    7 Feb, 2012

Article By: William I. Rothbard

Direct response marketers are under assault not only from the Federal Trade Commission (FTC) but also from class action mills that are targeting the advertising of dietary supplements and other consumer products. The financial consequences of an attack from either front can be devastating....More>>

Know the Rules Before Working With Non-Profits    10 Jan, 2012

Article By: Jeffrey D. Knowles, Jonathan L. Pompan

For-profit marketers and charitable organizations increasingly work together, and these relationships have recently attracted the attention of a number of state attorneys general. Many times, charities will hire direct marketers, call centers and professional fundraisers who use their experience to...More>>

Exposing Naked Juice    10 Jan, 2012

Article By: Jeffrey Richter, Cathy Polisoto

Is your product labeled or advertised as "All Natural" or some variation thereof? Determining whether a product may properly be labeled "All Natural" is not as simple as it sounds, and this issue has resulted in some new litigation. More>>

Will the New CFPB Even Crawl?    10 Jan, 2012

Article By: William I. Rothbard

Last July, the new Consumer Financial Protection Bureau (CFPB), conceived by Congress in the post-crash financial regulatory overhaul, came into being with great fanfare, carrying hopes it would champion consumer interests against the types of predatory practices that had helped bring about the...More>>

FTC Wins Round 3 in Lane Labs Battle    10 Jan, 2012

Article By: Linda A. Goldstein

The Federal Trade Commission (FTC) has won a third and decisive round in its ongoing battle with Lane Labs and Andrew Lane (its president), convincing a federal district court to reverse its earlier ruling and hold the defendants in contempt of their previous consent order with the FTC. More>>

What the FTC's Facebook Privacy Settlement Means for Marketers    6 Dec, 2011

Article By: Linda A. Goldstein

The Federal Trade Commission (FTC) recently announced a major settlement with Facebook resolving allegations that Facebook failed to honor some of the promises contained in its privacy policies regarding data collection and sharing practices.More>>

Nutella Case Another Example of California's Tough Class Action Laws    6 Dec, 2011

Article By: Gregory J. Sater

As discussed in previous DRMA Voice articles, California has become a battleground state for consumer class action cases alleging false advertising. Unfortunately, due to changes in the law following a 2009 decision called Tobacco II, it seems marketers have fewer options available to them to...More>>