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Marketing Third-Party Service Provider

WilmerHale

FTC’s Enforcement Action Against Avast Signals Increased Focus on Consumer Web Data

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The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more

Bass, Berry & Sims PLC

CMS Finalizes CY 2025 Medicare Advantage Rule, Confirming Continued Focus on Marketing Practices and Health Equity

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On April 4, the Centers for Medicare & Medicaid Services (CMS) issued the Contract Year (CY) 2025 Medicare Advantage (MA) Final Rule (Final Rule), which will have significant implications for MA plans and other industry...more

Venable LLP

Lead Generation: An Excerpt from the Advertising Law Tool Kit

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In the evolving world of lead generation and performance-based customer acquisition, the quest for profits can lead to big legal risks, some of them too large for advertisers that buy leads through third parties. Advertisers...more

Benesch

FCC Set to Upend Lead Generation Industry

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On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more

Legal Internet Solutions Inc.

How to Budget for Your Law Firm’s Website Project

Fall is here! Along with the new season, I look forward to the leaves changing, sweater weather, and budget season for your law firm! Maybe it’s overwhelming, but it’s also a little exciting to think about what you can...more

Troutman Pepper

Twenty-Eight AGs Call for Stricter FCC Spam Call and Text Rules

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On June 8, a bipartisan coalition of 28 attorneys general issued a letter, supporting the Federal Communications Commission’s (FCC) proposal to close a “loophole” that currently allows lead generators to collect and sell...more

Good2bSocial

Selling Value As a Legal Service Provider To Your Law Firm Clients

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Whether you provide law firms with technology, software, or a service, you need to be able to sell value to a law firm in order to turn them into a client. Law firms are bombarded with offers every day to try new products and...more

Sheppard Mullin Richter & Hampton LLP

CFPB’s New Interpretive Rule Sets Sights on Digital Marketing Vendors

On August 10, the CFPB issued an interpretive rule stating that digital marketing providers that are involved in the identification or selection of prospective customers or the selection or placement of content to affect...more

Sheppard Mullin Richter & Hampton LLP

No Relief in Sight: CFPB and FTC Continue to Take Action Against Debt Settlement Companies

On April 29, the CFPB filed a proposed order in federal court seeking final judgment against three California-based defendants for engaging in unlawful fee-charging practices and deceptive telemarketing. According to the...more

BakerHostetler

FTC Issues Guidance on Use of Consumer Reviews: Brands, Platforms and Comparison Websites Are in the Hot Seat

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The use of consumer reviews as a marketing strategy has grown exponentially in recent years, and brands have become increasingly reliant on consumer reviews as a marketing strategy to drive consumer purchase behavior. In...more

BCLP

Lead Generation and the TCPA: How to Protect Your Company from Downstream Bad Actors

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Many businesses, including retailers, rely on inbound lead generators to identify prospective customers for telephone or text-based direct marketing campaigns. Sourcing inbound leads from a variety of providers allows firms...more

BCLP

What concerns have been raised with the IAB’s Do Not Sell Framework?

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The Interactive Advertising Bureau (“IAB”) is a trade association comprised of companies that participate in digital marketing; its members include both media companies and advertising technology companies.  In October of...more

Dechert LLP

Brexit Manoeuvres: Potential Implications of a "Hard Brexit" for Fund Managers: A UK Perspective - October 2019

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This note sets out at a high level the potential impact of the United Kingdom’s (“UK”) exit (“Brexit”) from the European Union (“EU”) without a negotiated agreement on UK and European Economic Area (“EEA”) (a) alternative...more

Carlton Fields

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

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Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more

Eversheds Sutherland (US) LLP

See No Evil: Willful Blindness Costs Dish Network $341,000,000 For TCPA Violations

Willful blindness when it comes to the Telephone Consumer Protection Act (TCPA) could cost companies millions in statutory damages and penalties. Dish Network has been ordered in two cases to pay a total of $341 million based...more

Farella Braun + Martel LLP

How Wine Sellers Risk Licenses by Using Third-Party Providers

The innovative marketing and brand experiences offered by the online technology of third party providers (TPPs) can be an effective way for wineries and wine retailers to connect their product with their customers, expand...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Good Marketing Can’t Mask Poor Customer Service

I’ve always been vocal about the need for a service provider to have good marketing if they really want to get ahead in the retirement plan business. While marketing is a great tool, what good marketing won’t do is hide poor...more

Orrick, Herrington & Sutcliffe LLP

IP Addresses as Personal Data – Website Providers To Come Under Even More Scrutiny With EU Data Privacy Law

Website providers that collect dynamic Internet Protocol addresses (“IP address”) from website visitors may soon be subject to even more scrutiny from data protection authorities in the EU. Last week, Europe’s Advocate...more

Bryan Cave Leighton Paisner

How to Comply with the CAN-SPAM Act

Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

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