Greetings from Puerto Rico! I am currently conferencing here in San Juan at the Caribe Hilton for ERA’s signature Great Ideas Summit 2017. If you couldn’t make the trip we are sending you good vibes and sunshine and hope you can be with us next time.
It’s been a “Yuge” year so far.
Last week I shared a “beautiful” cheat sheet to help Direct Response Marketers survive the Trump era and this week I’ve got something better.
What you might ask?
Well the only thing that can trump that would be the inside scoop straight from the FTC. That’s why I reached out to my friend and long-time FTC insider Lesley Fair. She agreed to visit with ERA’s Government Affairs Committee to tell us “what’s really going on” so you can do a safety dance.
Thankfully the FTC agreed to the visit as well. That’s why we love the Federal Trade Commission (and you should, too!).
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!
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.
You suspect that your business experienced a data breach. Maybe an employee lost a laptop, or a hacker got into your customer database, or information was inadvertently posted on your website. Whatever happened, you’re probably wondering what to do next.
The FTC’s new Data Breach Response: A Guide for Business outlines the steps to take and whom to contact. Here’s a glimpse of what’s inside.
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.
I am often asked: “Legally, is there a difference between claiming that a product is "natural" as opposed to "all natural" or "100 percent natural"? While I have done my best to answer that question without any guidance from the government, we finally know what the Federal Trade Commission (FTC) thinks—at least for now.
As I previously reported, in April the FTC announced that it had settled four cases against personal care companies that claimed their products were “all natural” or “100 percent natural” even though they contained synthetic chemicals.
There is always a lot going on in the DRTV world. You know as well as I that it’s hard to keep up. That’s why we recently asked our friends at Manatt, Phelps & Phillips, LLP, to brief ERA’s Government Affairs Committee about what has been happening the last couple of months.
The Manatt team of Marc Roth, La Toya Sutton, Lauren Aronson, and Holly Melton covered a ton of ground.
They Updated On The:
- Federal Trade Commission
- Food and Drug Administration
- Consumer Financial Protection Bureau
- State Attorneys General
- ERSP Self-Regulation
- Class Actions
ERA is gearing up for another exciting ERSP Summit and Government Affairs Fly-In on May 24-25 in Washington, D.C., at SunTrust Headquarters. This is an opportunity for the direct response marketing industry to come together for a two-day event to get up to speed with what’s happening in today’s regulatory climate, and advocate for direct-to-consumer marketing on the Hill.
The Federal Trade Commission (FTC) frequently settles its cases through suspended judgments, where the full amount of the judgment is suspended based on the defendant’s ability to pay. A recent case highlights the risks companies and individuals face if they fail to adequately disclose their assets to the FTC during settlement discussions.
In 2015, 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 spoke on webinars, including LeadsCon NY, the Republican Attorneys General Association’s ERC Meeting, Conference of Western Attorneys General, Follow the Lead: An FTC Workshop on Lead Generation, the ERA’s Government Affairs Committee, ERA’s Great Ideas Summit and D2C Convention, and Social Media Week NYC.
It's no secret that the Federal Trade Commission (FTC) has keyed in on content marketing, labeling, and disclosures in 2015. The direct response industry is abuzz with behind-the-scenes chatter, giving those in the loop a heads up to pay attention. Often actions by the government can be confusing and not make much sense at first. It's only when you take a closer look that the picture becomes clear.
What BMW did violated the restriction on “Tie-In Sales” provisions of the Act. The Act does not permit a warrantor to condition “ a warranty on the consumer’s using, in connection with the warranted product, an article or a service (other than an article or a service provided without charge under the terms of the warranty) identified by brand, trade, or corporate name.”
Last week, the FTC and NY State office of Attorney General reached a settlement agreement with the Allstar Products Group to resolve a compliance inquiry.
In an effort to enhance the consumer ordering and customer service experience, the company has agreed to provide multiple opportunities for customers to confirm their orders before placing them and to clarify ordering and return procedures.
Will this settlement serve as a Direct Response wake-up call?
If you are working on a DRTV campaign, stop right now and LISTEN TO THIS. It's a behind-the-scenes recording of Senior FTC Attorney Leslie Fair.
While she doesn't speak for the FTC, she is an FTC insider. She takes a look at direct response marketing practices—the ones that caught her eye in 2014.
The opinions she expresses are her own, so it skips the usual legalese.
She just talks about what is REALLY going on at the FTC.
On September 23rd the Federal Trade Commission (FTC) announced its Operation “Full Disclosure” targeting more than 60 National Advertisers for failure to make adequate disclosures in their television and print ads.
We are pleased to announce that Michael Ostheimer from the Federal Trade Commission’s Division of Advertising Practices will join ERA’s Government Affairs Committee call as a special guest speaker exploring this FTC action.
The call is scheduled for Thursday, December 11th, 2014 at 2:00 p.m. EST.
Back in 2009, the Federal Trade Commission sought comments on the Negative Option Rule as part of the agency's systematic review of its rules and guidance. At the time, ERA participated in proceeding and filed comments on your behalf.
We are pleased to report that earlier today the FTC announced that it will keep the current form of its Negative Option Rule. The Commission vote closing the review was 5-0.
We are just getting word from our outside lobby shop Mehlman, Castagnetti, Rosen, Bingle & Thomas that this Thursday July 24th the House Oversight Committee will be holding a hearing entitled "The FTC and its Section 5 Authority: Prosecutor, Judge and Jury. Due to the sensitive topic of the hearing we wanted to be sure to flag this for you in advance.