MLM / Direct Sales Communications & Media

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Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?

For many, the announcement two weeks ago that the Federal Trade Commission has commenced a formal investigation into Herbalife was not terribly interesting. After all, nutritional supplement company Herbalife has been the...more

How a claim can be correct but breach the law

The Consumer Law Reform Bill will introduce a prohibition on making unsubstantiated claims into the Fair Trading Act. In practice, this means that all claims about your products (that a reasonable person would expect to be...more

FTC Targets “Up To” Claims

Advertising claims that are deceptive or misleading often draw the ire of the Federal Trade Commission. That’s why avoiding the use of potentially misleading or deceptive adverting is advisable. Of course, what seems...more

FTC Report Outlines New Privacy Framework For Handling Consumer Data

The Federal Trade Commission (FTC) issued a report in March 2012 setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their...more

Re-branding Can Be A Useful Tool For Business

Image is everything, as they say, or at least a crucial first impression. That’s why businesses, even those that have been around for many years, must remain constantly vigilant of how others, especially customers and...more

The Power of the Personal in Building and Maintaining Business Relationships

It’s been said that people do business with people they like and trust. Not with computers or apps or processes they like and trust. People. Technology has been a market-mover for many businesses, making companies...more

The Power of the Personal in Building and Maintaining Business Relationships

It’s been said that people do business with people they like and trust. Not with computers or apps or processes they like and trust. People. Technology has been a market-mover for many businesses, making companies...more

Wilder Chiropractic v. Pizza Hut of Southern Wisconsin, Inc.

Motion to Dismiss for Lack of Subject Matter Jurisdiction as a result of Offer of Judgment

Brief detailing the origin of many class actions brought under the Telephone Consumer Protection Act, and in support of motion to dismiss case for lack of subject matter jurisdiction based on tender of Offer of Judgment to...more

FTC Provides Further Guidance to Advertisers Using Social Media

The undeniable benefits of word of mouth and viral marketing via blogs, Twitter, Facebook and other social media platforms have radically changed the marketing landscape. In an effort to stay current with the way in which...more

Recent Court Ruling Lowers Threshold for Obtaining Treble Statutory Damages in Class Actions Brought Pursuant to the Telephone...

The Telephone Consumer Protection Act regulates certain forms of direct marketing - including phone, fax, SMS and MMS. It provides for statutory damages of either $500 or $1,500 per violation, depending on whether the...more

Mobile Marketing for Healthcare Providers

An overview of the TCPA and its application to SMS and MMS technologies. The article discuses best practices for use of mobile technology in the healthcare industry....more

Mobile Marketing & the Telephone Consumer Protection Act

Several recent decisions have held that the proscriptions of the Telephone Consumer Protection Act (TCPA) apply to calls made to mobile phones. Although the TCPA was passed in 1991 and therefore does not speak directly to...more

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