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DRMA Voice March 2012

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6 Mar, 2017


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Legal and Regulatory Voices of DRMA
Nutella Case Speaks to Limits on Scope of Class Actions 
As noted in the December 2011 issue of the DRMA Voice, the marketer of Nutella recently succeeded in substantially limiting the size of the proposed putative class of purchasers of its product by arguing that not everyone in the proposed class had been exposed to the alleged misrepresentation. An equally important lesson to be gleaned from this case is that nationwide marketers who find themselves sued for alleged violations of a single state's unfair competition laws need not necessarily fear that they will always need to defend their conduct in a nationwide class action based upon that single state's unfair competition laws.
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Recent News Demonstrates Robocalling Is on Regulators' Radar 
On Feb. 15, the Federal Communications Commission (FCC) approved significant changes to its rules regarding telemarketing calls. Among the changes was an update of the agency's rules governing telemarketing "robocalls" – marketing phone calls that make use of an auto-dialer or artificial or prerecorded voice.
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FTC Loses Contempt Action Against Garden of Life 
The Federal Trade Commission (FTC) suffered a striking loss in its efforts to hold Garden of Life, the marketer of various dietary supplements, in contempt of a previous consent order entered into by the company with the FTC in 2006.
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FTC Orders Super-Policing of Affiliates 
The Federal Trade Commission (FTC) continues to define the scope of online affiliate monitoring obligations. Last year, in Legacy Learning Systems, the FTC ordered a merchant, that was paying affiliates to post favorable product reviews without disclosure of the financial tie, to: monitor and report to the FTC about its top 50 money-making affiliates and ensure they are making the financial connection disclosure; monitor and report on a random sampling of another 50 affiliates to ensure they also disclose the connection; and terminate and stop payment to any non-complying affiliate.
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Committee Corner
DRMA News & Case Studies

DRMA Announces Drive to Support Amber Golden Education Fund in Honor of Industry Legend Ray Golden

SANTA ANA, Calif. –In recent months, direct response industry legend Ray Golden has been fighting a battle against lung cancer. Just two weeks ago, he was moved into hospice care. In honor of his years of service to the DR business and the legions of friends he made in our world, Response and the Direct Response Marketing Alliance (DRMA) are making Golden’s final wish our DRMA Cares project between today and Response Expo 2012: building support for the Amber Golden Education Fund.

Just two months ago, Golden announced the formation of this special educational fund for his daughter Amber. She has gone through five heart surgeries in her young life and is now in her third year of pursuing a nursing degree in order to give back to those who have helped her and others. Continuing her education to completion is likely to cost more than $50,000.

You have many different outlets to help the cause:
• Attendees of the DRMA Chicago Reception on March 12, during the International Home + Housewares Show, will be able to donate on site.
• There will also be a donation station on site at the Hilton San Diego Bayfront during Response Expo 2012, May 15-17.
• At the Response Expo Golf Tournament on May 15, the DRMA will sponsor a “mulligan hole,” where players can pay $20 to take a mulligan. All proceeds will go directly to the Amber Golden Education Fund
• And you can always donate directly by sending a check payable to the Amber Golden Education Fund c/o Wells Fargo Bank N.A., P.O. Box 3408, Omaha, NE 68103.


Early Bird Registration for Response Expo 2012 Ends March 23

Response Expo 2012

SANTA ANA, Calif. – Response Expo 2012 is back in sunny San Diego, from May 15-17. Take advantage of early bird rates by registering now! All-Access Badges before March 23 are $495 for DRMA members and $795 for non-members. After March 23, All-Access Badges are $595 for DRMA members and $895 for non-members. Exhibit-Only Badges are always free for DRMA members; after March 23, they are $50 per badge for non-DRMA members. Go here to register now!

Now is also the time to take advantage of your DRMA membership discounts at Response Expo! Register here for DRMA discounted All-Access Badges. Benefits include:

  • 38% off All-Access Badges
  • $600 off per 100 sq. ft of Booth Space
  • Sponsor a DRMA Business Suite
  • And much much more!!!

Contact Dan Donati today about exhibiting or sponsoring Response Expo at 714-338-6723 or [email protected]


DRMA Spotlights Dial 800: More Than Just a Pretty Number

LOS ANGELES, Calif. – Age may just be a number, but the right number could add ages to your company’s success — and that’s something the people behind Los Angeles-based Dial800 have known for more than a decade.
Dial800, which provides marketing optimization tools to help marketers increase leads and sales, is coming off a stellar year, with the next year’s outlook even better, according to Scott Richards, chief executive officer, and James Diorio, chief operating officer.

“This last year was unbelievable,” Richards says. “We had such broad acceptance by the entire DR industry. Many leading agencies became clients of ours, and they love what happens at Dial800. We grew 25 percent and became part of the exclusive Inc. 5000.”

The latest addition to Dial800’s offerings is RoundTrip, which allows clients to see exactly what has occurred from the point a lead comes in all the way to the back-end close, allowing marketers to determine which offers, media and call centers are most effective, according to company executives.

Read the complete February 2012 DRMA Spotlight of Dial 800 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 [email protected] or (714) 338-6724.

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