On Tuesday, April 10, Facebook founder Mark Zuckerberg was a witness before a joint session of two Senate Committees — the Senate Judiciary Committee and the Senate Commerce Committee. Basically, that means that Mark could potentially face almost half of Congress during his questioning period. There are 100 Senators in Congress and 44 of them serve on either of these two Committees. That’s a lot of potential questions.
The Federal Trade Commission (FTC) has released its 2017 Consumer Sentinel Network Data Book. Have you had a chance to check it out yet?
During 2017, the system had 2.7 million reports, a slight decrease from 2016. Fraud accounted for 1.1 million reports (42.54% of all reports). The identity theft category had 371,000 complaints (13.87%), with the “other” category rounding the majority of the remaining complaints with a 1.2 million (43.59%) total.
Recently, Amy Mudge of Venable LLP sat down with the Federal Trade Commission’s (FTC) Mary Engle to discuss social media influencers in the Snapchat era.
There is big buzz brewing in the industry. At the recent ERA Great Ideas Summit in Miami, we held an educational session entitled, “How to Improve Your Better Business Bureau Rating.” The panel was introduced by ERA board member, Phil Smith, President of Response, who sponsored this important effort.
Early last month, the Federal Trade Commission (FTC) released its new five-year strategic plan for the fiscal years 2018 through 2022. I thought I would take this week’s blog post to highlight some of the FTC’s forward-looking operational thinking and how it relates to the Direct Response community. This roadmap will guide the FTC over the next five years so it should provide us with an outline of the FTC’s plans in the years ahead.
The Federal Trade Commission (FTC) has always had a reputation for bipartisanship among the commissioners and other leadership staff. As we have previously reported, there are currently four open positions on the Commission out of a total of five spots. Over the past year, there has been the question of whether the well-deserved reputation of working together across party lines would hold in this era of hyper-partisanship.
Last week I had a call about the new European Union General Data Protection Regulation (GDPR). It is a European rule that goes into effect on May 25, 2018, that could potentially effect companies worldwide.
Earlier this year, ERA issued a press release with my reaction in response to the Supreme Court’s decision to review of its Internet Sales Tax rulings. Specifically, the court granted a petition for certiorari in South Dakota v. Wayfair, Inc., Overstock.com, Inc. and Newegg, Inc.
Over the years working at ERA, I have developed a long standing tradition to start the new year. After returning to work from vacation I keep an extra close eye on the Federal Trade Commission (FTC)’s website and announcements to see what they have announced as priorities in the year to come.
Sitting here in the Washington D.C. area during this year’s “bomb cyclone” blizzard, I am really looking forward to visiting the warmer climate of Miami, Florida for ERA’s 2018 Great Ideas Summit scheduled for February 26-28 at the Eden Rock Hotel.
A while back, I blogged on the pending Net Neutrality action by the Federal Communications Commission (FCC). FCC Chairman Ajit Pai has announced plans to upend the current FCC Net Neutrality protections finalized in 2015. That effort, slated to start Thursday, December 14, is expected to result in an adverse ruling for our industry.
It has been a busy fall for ERA’s government affairs efforts! It seems like just yesterday that we were all gathered together as an industry at the D2C show in Las Vegas.
Last week, I was in NYC with the board of directors for a town hall meeting to get industry feedback on our members’ concerns followed by our annual NYC reception. It was a great event and I enjoyed catching up with everyone who was able to make it.
Many of you might remember ERA’s Net Neutrality 'Ninja.' For those who do not, Net Neutrality has been an ongoing battle between Internet Service Providers (ISPs) and the folks like us - ERA members who use the ISPs’ “pipes” to connect with each other and customers alike. This policy battle has been going on for years. There was a lull in the action during the Obama administration when the FCC codified Net Neutrality principals into FCC regulation. But now it’s back....
Photo taken from Congressman Bob Goodlatte's Facebook page.
Congressman Bob Goodlatte (R-VA) has been a longtime industry friend on a number of issues important to direct response companies. Since 2013, he has served as the chairman of the House Judiciary Committee. In this position, he was a key player in the online sales tax debate where he actively championed legislation that would limit the states’ capacity to tax sales of remote retailers.
For over a century, the Council of Better Business Bureaus (CBBB) has helped people find businesses, brands, and charities that they can trust. That’s a big idea with a lot of moving parts. To be effective, the CBBB has become an umbrella organization that includes local independent Better Business Bureaus (BBB) and national partner programs on dispute resolution, advertising review, and industry self-regulation.
One of the big topics of discussion at ERA’s 2017 D2C Convention in Las Vegas was the growing concern around the recently announced Equifax Data Breach. Both the United States House of Representatives and United States Senate agreed with this consensus and have recently held four hearings on the hack featuring Richard Smith, the former Equifax CEO.
Ten months after the Trump Administration took over from President Obama’s team, we finally have a selection for the Federal Trade Commission (FTC) Chairman seat. Joseph Simons is currently an attorney at Paul Weiss Rifkind Wharton & Garrison LLP. He is no stranger to the agency as he has previously lead the Bureau of Competition.
I have just returned from the hugely successful 2017 ERA D2C Convention held at the Wynn Las Vegas. While in our meetings at D2C, there was a lot of conversation about self-regulation and the Federal Trade Commission (FTC).
At the end of August, I wrote a blog entitled “Advisory: Free Trials, Automatic Renewals & the Road Ahead.” The blog covered how regulators, both state and federal, as well as state legislatures have keyed in on negative option offers and automatic renewals.
It’s a big deal that isn’t going away anytime soon.
It has been a super busy summer here at ERA. There has been lots going on at the FTC, with our self-regulation program ERSP, and with Congress (believe it or not).
In preparation for the 2017 ERA D2C Convention at the Wynn Hotel in Las Vegas, I wanted to make sure that you do not forget about the Online Sales Tax issue in all the excitement.
Elizabeth Dexheimer and Jesse Hamilton over at Bloomberg just wrote an excellent article on the Equifax hack that I wanted to draw your attention to.
Entitled “Equifax’s Seismic Breach Tests Trump’s Pledge to Dismantle Rules,” it points out an important dilemma facing the Trump Administration with potential ramifications for direct response marketers.
Recently, a highly placed source in the “know” forwarded me an excellent blog post from Leslie Fair entitled: FTC uses ROSCA to challenge risky “risk-free trials”. It was the type of back channel message that we sometimes get working on behalf of the industry. The message was clear, this is an issue that is going to get a lot of government attention very soon.
I have big news to share with you and it is great for the industry. The Justice Department has formally ended its Operation Choke Point efforts. That is a huge win for ERA, the industry, and all of the folks who took a stand against the Department of Justice on this issue over the years.
After extensively blogging on this issue dating back to the summer of 2014, I can tell you that this has been a long time coming. Since that summer, we have blogged on the dangers of Operation Choke Point a total of 24 times.
It is a new world with new rules of the road. The future is hazy and unclear. Our fast-paced panel, “A Glimpse Into the Future,” at the 2017 Government Affairs Fly-In explored how the changes in government will evolve in our industry and affect your bottom line. So what does the future hold for direct response marketers navigating this new terrain?
As the Trump Administration promises less regulation on businesses, states stand ready to fill any enforcement void left at the federal level. One of the big questions on everyone’s minds at the 2017 Government Affairs Fly-In was, what can we expect to see in the next four years?