Winning FTC Civil Investigative Demand (CID) Defense Strategies for Digital Marketers

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Course Information

Time 60 Minutes
Difficulty Intermediate

Course Description

The Federal Trade Commission issues Civil Investigative Demands (CIDs) to obtain information from companies and individuals that it suspects may have violated consumer protection laws involving anything from disseminating unsubstantiated advertising claims and violating the FTC’s Endorsement Guides, to engaging in unfair data security practices and deceptive telemarketing acts. The FTC also issues CIDs to those that are not the targets of investigations, but that may possess material information regarding third-parties that the FTC is investigating. The FTC takes the investigative process seriously. Consequently, digital advertisers and marketers that have received a CID must understand how the agency works, how to satisfy related legal obligations, and how to avoid the initiation of an FTC enforcement lawsuit. 

This course, presented by Richard B. Newman, an FTC defense attorney at Hinch Newman LLP, discusses the art of responding to an FTC Civil Investigative Demand and offers practical guidance designed to maximize the likelihood of a successful outcome.

Learning Objectives:

  1. Identify the laws and guidelines the FTC enforces
  2. Review the tools the FTC uses to obtain documentation and information
  3. Discuss what to do upon receipt of a CID
  4. Consider the differences between a “target,” a “subject” and a “witness”
  5. Evaluate the consequences of non-compliance
  6. Assess how to maximize the benefits of the meet and confer process
  7. Examine methods to narrow the scope of the CID and minimize burdens where possible
  8. Understand potential outcomes
  9. Analyze recent FTC investigation trends
  10. Provide practical guidance for attorneys to maximize the likelihood of a successful outcome for their digital marketing clients

Credit Information

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Richard Newman

Hinch Newman LLP

Richard B. Newman is a partner with the law firm Hinch Newman LLP. Richard regularly provides advertising counsel and regulatory advice to clients in investigative and enforcement proceedings brought by the Federal Trade Commission, state attorneys general and other federal and state agencies with jurisdiction over advertising and marketing practices. He has handled some of the highest-profile affiliate marketing and digital media matters in recent years. Richard’s clients include advertisers, dietary supplement manufacturers, affiliate and pay-per-call networks, publishers and lead generators, lead aggregators, list managers, email marketers and telemarketers, technology service providers and entrepreneurs. His practice includes conducting legal compliance reviews of advertising campaigns, complex commercial litigation, advising clients on promotional marketing programs, and negotiating and drafting legal agreements. Richard publishes a blog about issues relating to advertising and marketing law, entitled Internet Marketing Law Blog, which can be accessed at https://ftcdefenselawyer.com/blog-internet-marketing-law-blog/.

Practice Areas:

  • Advertising and Marketing Compliance
  • FTC Investigations and Defense
  • Internet Law
  • Digital Media