In 2011, the Federal Trade Commission (FTC) continued vigilant enforcement of product categories and sales channels that are of concern to DRTV marketers. The FTC brought several cases against companies selling dietary supplements and weight-loss products and was extremely active in pursuing...More>>

The Federal Trade Commission (FTC) says that advertisers must have a “reasonable basis” for objective advertising claims. But two new consent orders reinforce something we’ve known for a long time: that the Monday-morning quarterbacks at the FTC really expect you to have more than just a...More>>

The first half of 2010 presented marketers who engage in post-transaction and negative option marketing programs with unprecedented challenges from legislators, state regulators and card associations — particularly regarding the passing of consumer information for these transactions. While a...More>>

Beware E-mail Marketing Strategies That Deliver TroubleMore>>

In November, a California Court of Appeals decision set the stage for a likely California Supreme Court showdown with implications for any company that monitors its own telephone calls for quality assurance, regulatory or other purposes. At issue in Kight v. CashCall Inc. is whether businesses must...More>>

The America Invents Act (AIA), the most dramatic change to U.S. patent law since the 1952 revision, was signed into law on Sept. 16. A driving force behind the Act’s passage was the perception that “reform” of the patent system has an important role to play in stimulating the economy,...More>>

2010 represented the toughest legislative climate the DR industry has faced in years — and 2011 will likely only be tougher. The economic downturn squeezed the bottom line and regulators took aim at a broad swath of marketing practices. At the same time, many states were busy enacting some even...More>>

Everyone is familiar with defensive insurance, which pays for your legal defense and, if you are found liable, for your liability, if someone sues you for an offense you allegedly committed that is covered by your policy. For instance, we all have, or should have, car insurance just in case we are...More>>

Harold Hoffman, a practicing attorney in New Jersey, has filed dozens of putative class action lawsuits during the past two years. His modus operandi is to name himself as the plaintiff, file the cases in New Jersey state court and target nationwide direct marketers for anything from product...More>>

The Federal Trade Commission (FTC) was once termed “The National Nanny” by the Washington Post. We never had nannies growing up, but we did have moms. They always told us that if something sounds too good to be true, it probably is.More>>