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Legal Resources for DRTV Marketers 2 Nov, 2009
Legal Resources for DRTV MarketersMore>>
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Legal Review: Industry Releases New Self-Regulatory Principles for Online Behavioral Advertising 1 Sep, 2009
In July, the various components of the Internet advertising ecosystem published self-regulatory principles for online behavioral advertising. The principles, once implemented, will provide consumers with transparency and choices with respect to the collection of information online for behavioral...More>>
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Legal Review: Online 'Mystery Charges' Under Investigation 1 Jul, 2009
Just about every retail business uses upsells to convince consumers to spend more money. Fast-food restaurants ask customers if they want to make it a combo. Toy stores ask customers if they need batteries. As a result, consumers spend more money than they otherwise would have spent if no one ever...More>>
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Legal Review: The FTC 'Disappears' Its Mirror Image Doctrine 1 May, 2009
The Federal Trade Commission's (FTC) Mirror Image Doctrine has gone the way of the Baltimore Colts. One morning in 1984, Colts fans learned to their shock that their beloved NFL team's equipment - lock, stock and horseshoe-insignia'd helmets - had been packed into a dozen Mayflower moving vans and...More>>
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Legal Review: Getting Strict With Negative Option Marketing 1 Mar, 2009
Lured by online free trial offers for skin creams, make-up, weight-loss supplements and other products, consumers have apparently been unable to answer one fundamental question: What's the catch? Federal and state regulators are coming to the rescue.More>>
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Legal Review: Flag on the Play: Are Your Ready for the FACTA Red Flags Rule? 1 Feb, 2009
In December 2003, the Fair and Accurate Credit Transaction Act (FACTA), a set of amendments to the Fair Credit Reporting Act (FCRA), afforded broad new rulemaking authority to the Federal Trade Commission (FTC) and other federal agencies. The latest of the FACTA rules, known by regulators as the...More>>
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Legal Review: FTC Decides 'Results Not Typical' No Longer Good Enough 1 Jan, 2009
The Federal Trade Commission (FTC) recently published proposed revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R., Part 255). While the notice proposes a number of changes to the current guides, the most significant is the deletion of the safe...More>>
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Legal Review: Sometimes, a Second Strike Means You're Out! 1 Nov, 2008
A federal judge recently found Kevin Trudeau in contempt because Trudeau had misrepresented the contents of his book, The Weight Loss Cure They Don't Want You to Know About. It's like déjà vu all over again - all over again.More>>
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Legal Review: New Product Safety Law Imposes New Requirements in Direct Ads for Toys 1 Oct, 2008
On August 14, President Bush signed the Consumer Product Safety Improvement Act of 2008 into law. Responding to public alarm over the recent spate of toy recalls involving millions of products and addressing criticism that the Consumer Product Safety Commission (CPSC) was not adequately equipped to...More>>
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Legal Review: The Rise of Opt-In Laws 1 Sep, 2008
Opt-in laws are riding a strong wave on the regulatory waters. With increasing frequency, federal and state authorities are focusing their consumer protection missions on permission-based measures that could force marketers to rethink the way they share customer data, generate leads and contact...More>>
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