Countdown to the Annual ERSP Summit

by Peter Marinello and Bill McClellan on May 4, 2017 3:47:11 PM ERSP, Advocacy

This year’s ERSP Summit will feature two of the Federal Trade Commission’s leading enforcement officials: Lois Greisman, Associate Director of Marketing Practices, and Frank Gorman, Assistant Director of the FTC’s Division of Enforcement.

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Looking Forward with ERSP

by Jessica Grodzki on Jan 30, 2017 4:00:00 PM ERSP

In 2017, in addition to its case work, the Electronic Retailing Self-Regulation Program (ERSP) worked towards creating greater visibility for the program and continued to seek out new opportunities for advertising self-regulation.


Last year, ERSP attended several events and webinars, including LeadsCon Las Vegas, the Republican Attorneys General Association’s ERC Meeting, Conference of Western Attorneys General (CWAG) Annual Conference, DSA Business & Policy Conference 2016, ERA’s Government Affairs Committee, ERA’s Great Ideas Summit and D2C Convention, and Social Media Week NYC. ERSP also hosted its annual Summit in May, which was highlighted by a one-on-one interview with FTC Commissioner Terrell McSweeny and remarks from the Commission’s Director of Marketing Practices, Lois Greisman.

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The Ultimate Direct Response Cheat Sheet for the Trump Era

by Bill McClellan on Jan 4, 2017 9:00:00 AM ERSP, FTC, Government Relations

Hello 2017!

It’s nice to finally meet you after all the bumpy election action we saw last year.  I am expecting 2017 to be “Yuge”!

No really, the Trump administration is just getting started with all its ideas and policies.  In the signature words of our President Elect “we have to figure out what’s going on."

In order to have a smooth transition through these changes, I have prepared this “beautiful” Direct Response cheat sheet just for you.  As we now say in Washington, it’s “Bigly” (or “Big League” depending on whom you ask).

So 2017 let’s do this!   

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The Consumer Protection Round-Up!

by Bill McClellan on Nov 11, 2016 1:00:00 PM ERSP, FTC, Class Actions, State Ag's, CARU

 

Last July the ERA Government Affairs Committee held a webinar that covered important information regarding consumer protection. 

For those unable to attend the live webinar, the Government Affairs Committee is pleased to share the recording for your convenience.

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ERSP to Lead Roundtable at Direct Selling Association Conference

by Jessica Grodzki on Oct 21, 2016 12:00:00 AM ERSP, Advocacy

ERSP Director Peter Marinello will be speaking at the Direct Selling Association’s Business and Policy Conference on October 24th in Washington, D.C. Peter will be on the panel entitled, “Income and Lifestyle Claims and Advertising Roundtable: Trends and Guidance,” which will explore the practical application of the DSA’s Code of Ethics, and the legal, regulatory and self-regulatory underpinnings for claims standards related to consumer testimonials, and express and implied advertising claims pertaining to income and success.
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FTC Releases Staff Perspectives on Lead Generation

by Jonathan Pompan and Ellen Berge on Oct 5, 2016 12:00:00 AM ERSP, Advocacy, FTC, Support Services

For many years, the Electronic Retailing Self-Regulation Program (ERSP) has been recognized as an effective means to self-regulation by industry members, regulators, and legislators. Now, the program that helps to build consumer confidence in advertising has gained recognition for its recent expansion into covering lead generation marketing by the staff of the FTC.

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Legal Experts Talk Self-Regulation During ERA D2C Convention

by Jessica Grodzki on Sep 27, 2016 12:00:00 AM D2C Convention, ERSP, Advocacy, DRTV, Masters Series

There was a lot of interesting dialogue regarding advertising self-regulation at the ERA D2C Convention in Las Vegas earlier this month. ERSP Director Peter Marinello moderated a Masters Series panel entitled, "D2R - It's Hot and It's Not What You Think." It featured Utah Attorney General Sean Reyes, Venable’s Jeffrey Knowles, Invictus’s Bill Knowlton, and Manatt’s Marc Roth.

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The Importance of Being Kevin

by Peter Marinello on Jul 15, 2016 12:00:00 AM ERSP, Advocacy, DRTV

“The truth is rarely pure and never simple.”―Oscar Wilde

The date was Feb. 11, 2003. It was colder than usual in New York City that winter morning when FTC Chairman Tim Muris stepped to the podium to address the Cable Television Advertising Bureau. Unbeknownst to those in the audience, things were about to get much chillier. Chairman Muris called everyone’s attention to the screen over his right-hand shoulder and proceeded to show an excerpt from an infomercial for “The Enforma System.” The segment featured a succession of delicious, mouth-watering foods like eggs, bacon, sausage, French-fried potatoes, fried onion rings, hamburgers, and lasagna; thin models in bathing suits and claims like, “You can eat anything you want and never, ever, ever have to diet again.

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ERSP Aims to Bring Broader Awareness About Self-Regulation

by Jessica Grodzki on Jun 22, 2016 12:00:00 AM ERSP, Advocacy

Following a successful conference in May, ERSP is continuing to make a concerted effort to increase program awareness by reaching out to more regulatory organizations. Next month, ERSP Director Peter Marinello will attend the Conference of Western Attorneys General (CWAG) Annual Conference in Sun Valley, Idaho, from July 17-20.
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What’s ERA Good For, Anyway?

by Chuck Wilkins on Jun 10, 2016 12:00:00 AM ERA News, Committees & Councils, ERSP, Advocacy

If you have worked in electronic retailing for any amount of time, you have either asked this question or been asked by someone in the industry. It’s an appropriate question to ask. We face a period of change. Our industry, our association, and even our companies are changing, and it is not always clear that the strategies that have worked for the past 25-plus years will remain viable.

So, what is ERA good for? The answer is many of things, especially in times like these.

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ERSP Looks to Boost Engagement Following a Successful ERSP Summit

by Jessica Grodzki on Jun 3, 2016 12:00:00 AM ERSP, Advocacy

Last week, ERSP held its annual ERSP Summit in Washington, D.C., in conjunction with ERA’s Government Affairs Fly-In. Over the course of the afternoon, attendees heard from legal professionals, industry leaders, and the FTC about the past, present, and future of direct response advertising self-regulation. It was a great afternoon full of engaging and thoughtful conversation about the industry and what lies ahead. ERSP would like to thank the ERSP Summit sponsors: Frankfurt Kurnit Klein & Selz, PC; Invictus Law; Locke Lord LLP; Manatt, Phelps & Phillips, LLP; and Venable LLP.
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Government Affairs Fly-In 2016: Experts Talk Policy & Presidential Politics

by Vi Paynich on May 26, 2016 1:00:13 AM ERSP, Advocacy, Self Regulation

There was a definite buzz in the air at the ERA Government Affairs Fly-In 2016, which took place on May 25 in Washington, D.C. Not only were attendees ready to hear the latest on Operation Choke Point and FTC policy surrounding digital media, but they were also excited about discussing this year’s Presidential race and what the outcome might mean for our industry.

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ERSP Summit Looks at the Future of Self-Regulation

by Vi Paynich on May 25, 2016 1:42:46 AM ERSP, Advocacy

This year’s ERSP Summit cast a bright spotlight on self-regulation with the theme, “Self-Regulation in The Changing World of Direct Response Advertising.” On May 24, legal experts and direct response marketing professionals converged at SunTrust Headquarters in Washington, D.C., to discuss key trends and issues affecting the industry today, and take an honest look at where direct response advertising is heading. The half-day conference addressed such topics as: the regulatory focus on the lead generation and payment processing industries; recent developments at the FTC; and how emerging advertising platforms have created new challenges for the direct response industry.

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ERSP Summit Agenda Revealed

by Peter Marinello on May 3, 2016 12:00:00 AM ERSP, Advocacy, Self Regulation, DRTV

ERSP is excited to announce its complete agenda for this year’s ERSP Summit event on May 24. At this year’s event, “Self-Regulation in The Changing World of Direct Response Advertising,” legal professionals and industry leaders will discuss trends in direct response advertising. During the half-day workshop, topics will include: regulatory focus on the lead generation and payment processing industries; recent developments at the FTC; and how emerging advertising platforms have created new challenges for the direct response industry.

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ERSP Summit 2016 Set for May 24 in Washington, D.C.

by Peter Marinello on Mar 23, 2016 12:00:00 AM ERSP, Advocacy

On Tuesday, March 15, ERSP Advertising Review Specialist, Jessica Grodzki co-presented with Gayla Huber from IntegriShield at LeadsCon in Las Vegas. Self-regulation in the lead generation space has been a very topical issue for both advertisers and regulators and Jessica focused her discussion, in part, to dispel the common misconception that companies are not responsible for advertising done by third parties. Aside from obvious compliance risks, the “free” advertising marketers are receiving from third parties from unauthorized lead forms are costing them tens of thousands in missed revenue annually.

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ERSP Unveils General Activity Report

by Jessica Grodzki on Feb 26, 2016 12:00:00 AM ERSP, Advocacy

The Electronic Retailing Self-Regulation Program (ERSP) recently released its General Activity Report for the ERSP Review Program. The report discusses ERSP’s latest activities under its program to review telemarketing scripts and calls, as well as recordings of live real estate investing seminars by companies participating in its Review Program. You can read ERSP’s General Activity Reports here.

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Transparency, Compliance, and Self-Regulation: DR’s Engines of Growth

by William R. Knowlton, Esq. on Dec 23, 2015 12:00:00 AM ERSP, Advocacy

We live in a world that’s governed by complex regulations. But the rapidly growing range of marketing platforms includes everything from mass-market print advertising to highly targeted, location-based ads that are delivered directly to handheld electronic devices. The “average” consumer is getting more sophisticated, making research-based, considered purchase decisions via smartphone as opposed to impulse buys.

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ERSP Hosts General Meeting at the ERA D2C Convention

by Jessica Grodzki on Sep 20, 2015 3:00:00 PM ERSP, Advocacy, Self Regulation

The Electronic Retailing Self-Regulation Program (ERSP) is looking forward to attending ERA’s D2C Convention in Las Vegas early next month. With the recent developments and news regarding advertising self-regulation, ERSP will be hosting a meeting on Wednesday, October 7th at 11:45 a.m. in the St. Julian room.

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ERSP Summit Focuses on Self-Regulation in the Evolving DR Industry

by Leanne Gabinelli on Apr 28, 2015 3:00:00 AM ERSP, Advocacy

ERSP Summit Focuses on Self-Regulation in the Evolving DR IndustryERSP is thrilled to announce its complete agenda for the ERSP Summit 2015 event on May 12. At this year’s event, “Self-Regulation in the Evolving DR Industry,” professionals will focus on the prevailing trends in the direct response industry, including the recent regulatory scrutiny of back-end business practices. At the half-day workshop, panel members will highlight key issues from the past year and discuss ERSP’s latest self-regulatory endeavors.
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ERSP Summit Shines a Light on Self-Regulation in the Evolving Direct Response Industry

by Leanne Gabinelli on Mar 24, 2015 3:00:00 AM ERSP

The Electronic Retailing Self-Regulation Program (ERSP) is thrilled to announce the agenda for its May 12th ERSP Summit at SunTrust Headquarters in Washington, D.C. During this year’s afternoon event, “Self-Regulation in the Evolving DR Industry,” professionals will focus on the prevailing trends in the direct response industry, including the recent regulatory scrutiny of backend business practices.
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ERSP: Help Wanted? Help Offered.

by Peter Marinello on Feb 10, 2015 3:00:00 AM ERSP, Advocacy

“The most powerful element in advertising is the truth.”—William Bernbach, cofounder, Doyle Dane Bernbach

Since the Electronic Retailing Self-Regulation Program (ERSP) was founded more than 10 years ago, one of the key objectives of the program has been to provide the direct response industry with a mechanism of self-regulation that addresses the ongoing needs of the industry.
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A Review of 2014 ERSP Achievements

by Leanne Gabinelli on Jan 5, 2015 8:00:00 PM ERSP

2014 was quite a busy year for the Electronic Retailing Self-Regulation Program (ERSP). Following are some of the highlights. As of December 1, 2014, ERSP closed 21 cases, and has an additional 9 cases pending. In total, ERSP has closed 339 cases since 2004. Cases this year have covered a variety of products such as dietary supplements, lead generation, and medical devices.
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ERSP Offers Marketers Copy Review Service

by Leanne Gabinelli on Nov 17, 2014 8:00:00 PM ERSP, Advocacy, FTC

ERSP is excited to announce its newest product offering, the ERSP Copy Review. The ERSP Copy Review service offers marketers the opportunity to have ERSP, a third-party self-regulatory organization, review print, broadcast, radio, and online advertising.
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ERSP Presents at Annual Advertising & Promotion Conference

by Leanne Gabinelli on Oct 21, 2014 3:00:00 AM ERSP

Just last month, I had the honor of presenting at the Food and Drug Law Institute’s 25th Annual Advertising & Promotion Conference in Washington, D.C. I spoke alongside Keith Fentonmiller (Senior Attorney, FTC), Diane McEnroe (Partner, Sidley Austin LLP), on a concurrent break-out session titled “OTC Advertising: Federal Trade Commission Developments & Beyond.” The panel was moderated by Douglas Brown (Partner, Rumberger Kirk & Caldwell).
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Letter from the Chairman: A Look At the Year Ahead

by Chris Reinmuth on Oct 7, 2014 12:04:00 PM ERSP, Monthly ERA Update

I’m excited to step into the role of ERA chairman for the 2014–2015 term, and especially honored to be the first chair from the payment processing industry. One of the reasons I joined the Board of Directors and then ran for chair was that I believe in the importance of payment processing as it applies to the direct response infrastructure. Payment processing is a vital function for marketers and their companies—if you can’t accept credit cards as a form of payment, your business is likely to fail.

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The statements, opinions, and advertisements expressed on the ERA Blog and other online entities owned by the Electronic Retailing Association are those of individual authors and companies and do not necessarily reflect the views of the Electronic Retailing Association.