U.S. Supreme Court Argues Online Sales Tax

by Bill McClellan on Apr 25, 2018 3:00:00 AM Government Relations

Last week, I reported to ERA’s Board of Directors about a critical case the U.S. Supreme Court had decided to take up and hear arguments on. Effectively, the Supreme Court has decided to re-hear arguments on the online sales tax issue.

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How the GDPR Affects U.S. Tech Giants Like Facebook and WhatsApp

by Greg Sparrow on Apr 18, 2018 3:00:00 AM Government Relations, Social Media, Marketing, Consumer Protection, data breach

The General Data Protection Regulation (GDPR) continues to be an important topic of conversation for U.S. companies. Since its inception, the GDPR has raised a number of questions as to whether businesses are properly prepared to comply. The GDPR was adopted on April 27, 2016, and allotted a two-year post-adoption grace period for businesses to strategize and implement their compliant approach. With less than two months left, it has been reported that an estimated 61% of U.S. businesses are not ready for the regulation, and that only 67% of European-based businesses have begun moving into the implementation phase of their GDPR compliance program. The potential fines have many concerned about compliance as the May 25, 2018 date of enforcement approaches, but businesses struggle with fully understanding the regulation and thus fail to launch a comprehensive plan.

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ERA Members Speak Up about ERA/ERSP Government Affairs Fly-In

by Vi Paynich on Apr 17, 2018 3:00:00 AM ERSP, FTC, Self Regulation, DRTV, Government Relations, Direct Response

Is the ERA/ERSP Government Affairs Fly-In vital to your direct response marketing business? The answer should be a decisive yes! Why? The Fly-In shines a spotlight on the most critical issues affecting the industry today and puts you in front of the government regulators and Congressional leaders whose decisions could have a dramatic impact on current and future legislation.

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Facebook Faces Congress

by Bill McClellan on Apr 11, 2018 11:27:31 AM Consumer Behavior, Government Relations, Social Media, Marketing, Consumer, data breach

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. 

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Have You Seen the FTC’s 2017 Consumer Sentinel Network Report?

by Bill McClellan on Mar 21, 2018 3:00:00 AM Government Relations, Consumer Protection

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.

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Social Media Influencers: A Conversation with the FTC

by Bill McClellan on Mar 14, 2018 3:00:00 AM Government Relations

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.

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The Next Frontier for DR Industry Self-Regulation – Improved BBB Ratings?

by Bill McClellan on Mar 8, 2018 5:19:55 PM Government Relations

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.

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Have You Read The FTC’s New 5 Year Strategic Plan?

by Bill McClellan on Mar 1, 2018 9:47:38 AM Government Relations

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.

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Is Bipartisanship Re-Blooming at the FTC?

by Bill McClellan on Feb 14, 2018 4:18:18 PM Government Relations

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.

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Online Sales Tax Update

by Bill McClellan on Jan 31, 2018 12:30:13 PM Government Relations

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.

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FCC Revives Its Own Native Advertising Rule: Sponsorship Identification

by Ian D. Volner and Kathleen K. Sheridan on Jan 17, 2018 2:40:45 PM Government Relations


The FCC’s Sponsorship Identification Rule is a close, perhaps neglected cousin of the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements, i.e., its Native Advertising Guide. Nevertheless, the FCC’s latest enforcement action demonstrates how failure to follow the rule can result in penalties far larger than any imposed to date by the FTC.

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Multi-Level Marketing in the FTC’s Sights

by Bill McClellan on Jan 11, 2018 3:39:03 PM Government Relations

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.

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The FTC’s Blurred Lines Report

by Bill McClellan on Jan 4, 2018 4:02:24 PM Government Relations

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.

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Net Neutrality: From Rules to Enforcement

by Richard P. Lawson and Lisl J. Dunlop on Dec 20, 2017 11:00:43 AM Government Relations

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.

To say that strong passions have surrounded the recent Federal Communications Commission (FCC) vote to reverse 2015’s net neutrality rules is putting it mildly.

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Net Neutrality Day for the Direct Response Industry

by Bill McClellan on Dec 13, 2017 11:28:35 AM Government Relations

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.

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A Busy Fall for Direct Response & Government Affairs

by Bill McClellan on Dec 6, 2017 12:11:14 PM Government Relations

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.

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Net Neutrality is Back

by Bill McClellan on Nov 29, 2017 11:20:43 AM Government Relations

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....

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Direct Response Congressional Champion Retiring – What’s Next For Online Sales Tax?

by Bill McClellan on Nov 15, 2017 3:03:15 PM Government Relations

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.

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Why Should Direct Response Marketers Care About the CBBB?

by Bill McClellan on Nov 8, 2017 1:39:17 PM Government Relations

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.

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Heads Up DRTV: Data Breach Activity Galore

by Bill McClellan on Nov 1, 2017 4:53:02 PM Government Relations

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.

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Trump Nominates a New Federal Trade Commission Chairman

by Bill McClellan on Oct 24, 2017 12:09:36 PM Government Relations

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.

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The FTC's $9.8 Million "Free Trials" Refund

by Bill McClellan on Oct 19, 2017 11:15:46 AM Government Relations

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).

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Marketplace Vendors Offered Voluntary Closing Agreement Program for State Tax Exposure

by Tammara F. Langlieb and Walter R. Calvert on Oct 10, 2017 12:10:56 PM Government Relations

As states continue their quest to compel online vendors to collect sales and use tax on sales to customers located in the state and to subject such vendors to state income tax, a current trend has been targeting vendors selling via online marketplaces. Some states assert that the presence of inventory held for a vendor or the presence of the marketplace provider/facilitator in a state acting on behalf of a vendor is sufficient nexus or connection of the vendor with the state to subject the vendor to the state’s taxing jurisdiction.

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Managing the Risk of Negative Option Offers and Other Marketing Strategies

by Bill McClellan on Sep 27, 2017 9:01:00 AM Government Relations

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.

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66 Percent of Americans Oppose the Internet Sales Tax

by Bill McClellan on Sep 20, 2017 3:10:56 PM Government Relations

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.

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Editorial Disclaimer

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.