Category Archives: Direct Response

Does the FTC Have Legal Authority Over Affiliate Networks?

In the past few years, the Federal Trade Commission (FTC) has placed several affiliate networks under consent orders for operating allegedly deceptive advertising schemes in violation of the ban on “unfair or deceptive practices” in Section 5 of the FTC … Continue reading

Posted in Direct Response, FTC, Online Marketing | Tagged , , , , , , , , | 2 Comments

FTC, RCT, POM and DNA: A Witches’ Brew of Confusion for Supplement Marketers

While the appeal of the Federal Trade Commission’s (FTC) order in POM Wonderful that “disease treatment” claims must be backed by two randomized controlled trials (RCT) inexorably makes its way to the Supreme Court (oral argument was heard in the D.C. Circuit … Continue reading

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Living Vicariously – and Dangerously – Under the TCPA

The legal landscape of the Telephone Consumer Protection Act (TCPA), both before and after the Federal Communications Commission (FCC) required telemarketers last October to begin obtaining the “prior express writtenconsent” of consumers to solicit them, is so densely packed that it … Continue reading

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