Legislation

How to Do Telemarketing Without Getting Sued
May 27, 2015

The Federal Communication Commission's (FCC's) heightened focus on "robocalling" has become fertile ground for class action lawsuits, with many marketers and advertising agencies wary of liability. Under the Telephone Consumer Protection Act of 1991 (TCPA), individuals have had to provide express consent to receive certain types of calls from marketers and have the right to tell companies to stop calling.

6 Pitfalls That Can Make Your Marketing Illegal
April 15, 2015

Marketers today face a constantly evolving landscape of laws and regulations affecting their businesses. In 2009, the Federal Trade Commission (FTC) published final guidelines affecting online marketing or direct website advertising. Subsequent to the implementation of these regulations, marketers have faced significant liability for non-compliance

Denny’s Zinger: The Selling of a President and Why Hillary Will Lose
April 10, 2015

Many years ago, I wrote The Fingered City, about how the Mafia ran a candidate for mayor of New York City. In 1969, to research the novel, I joined the Republican-Liberal primary campaign as an advance man for Fioravante (Fred) Perrotta, Mayor John Lindsay's choice for City Controller.

Beware the Internet
February 3, 2015

The European Union has passed a law allowing people to "scrub their reputations online" if the entries were old stories about them that might cause embarrassment. Even if the story is true, you can demand that Google erase it. Ain'-a-gonna happen here under the First Amendment.

Deep Dish Trouble: Dish Network Completely Fails Telemarketing 101
January 26, 2015

How many National Do Not Call List violations does it take to get yourself a class-action lawsuit? The magic number would appear to be 57,606,609—or at least it is in the case of "United States of America, and the States of California, Illinois, North Carolina, and Ohio v. Dish Network, L.L.C.," currently working its way towards a verdict.

Is Your Ad Legal? Digital Advertising Raises Additional Issues for Marketers
January 21, 2015

While a strong online presence benefits both businesses and customers, it creates a host of legal issues for businesses and their online marketing strategies. As new technology continues to emerge, new issues will arise and, as a result, businesses that choose to engage in digital advertising will need to remain vigilant of, and current with, new and revised regulations

Big Data, Big Problem: FTC Head Warns of IoT Privacy Concerns
January 12, 2015

The International Consumer Electronics Show (CES), held last week in Las Vegas, wasn't all glitz and glam over the latest and greatest gadgets. Amidst all the hype over the next wearables, 4K-everything, and self-driving cars of the future, Federal Trade Commission Chairwoman Edith Ramirez delivered a speech on her—and, we can fairly assume, the FTC's—serious concerns surrounding the future of big data and the Internet of Things.

Security, Cowardly New World | Privacy, Brave New World
January 5, 2015

What kind of world have we become? To see Sony, theater owners and distributors initially cower over release of "The Interview," in the face of a cyberterrorist threat was—and is—unnerving. Clearly, businesses feared that Sony's victimhood would be exported to others. Yes, the movie eventually was released online and in limited theaters, but the initial fear expressed was disconcerting, to say the least.

Return to Sender: NJ Poised to Crack Down on “Junk” Mailing
December 4, 2014

Alright, direct mailers, admit it: At one point in your life, you've been frustrated by a piece of so-called "junk" mail. Nobody is just born understanding the crucial importance of a healthy direct mail campaign, and there are many consumers who never will. Apparently that's strongly the case in New Jersey, as recent news from the state legislature suggests that some drastic changes may be in store.