I admit it…I get my news the old fashioned way—reading the newspaper. Today was no different than any other, except I was struck by a very small blurb in the business section of The Washington Post. The chairman of the Senate Commerce Committee, Daniel K. Inouye (D-HI), has introduced a bill called, the “FTC Reauthorization Act of 2008,” that would double the FTC’s current budget over the next seven years! That’s right, if the bill passes, the FTC’s budget will grow from its current $244 million to $468 million by 2015.

If the bill is successful, you can expect the following changes:

1. Expands the Commission’s authority to litigate civil actions involving the FTC act. (The FTC act establishes the FTC’s authority—what they can pursue). Currently, the majority of these cases are brought by the Department of Justice who rely on the FTC for technical expertise;

2. Expands the Commission’s authority to recover civil penalties for violations, where it is currently limited to recovering civil penalties for violations of a rule or final cease and desist order with respect to an unfair or deceptive act or practice;

3. Allows the Commission to hold entities accountable that aid or abet another in violating any law enforced by the FTC;

4. Allows State attorneys general (AGs) to bring cases and seek civil penalties; and

5. Allows the Commission to streamline the rulemaking process by a majority vote instead of the lengthy procedure set forth by the Magnuson-Moss Act.

Fortunately, as good corporate citizens these developments should not alarm you. However, now more than ever you need to understand the rules of the road.

Barbara Tulipane is ERA’s president and CEO

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Never would I have thought that something in my office would happen today that would be more entertaining than what the guys at CollegeHumor.com came up with in the post below. But, here’s my story…

As you may know, Electronic Retailer magazine is based in Southern California. However, I work out of ERA’s D.C. office. I often get mail for my California co-workers at the ERA address and I simply put it in another envelope and send it on. Earlier today, my co-worker Stephanie came into my office and placed a FedEx box on my desk addressed to our executive editor, Tom Dellner. I e-mailed Tom and told him I had a package here and asked him if he wanted me to open it and see what it was, or simply send it along in another FedEx box. Tom told me he wasn’t expecting any mail, that it was probably a press kit, and that I should just open it and make a judgment call.

As I’m opening the FedEx box, I hear my co-workers chatting down the hall. I walk into Robin Greenspan’s noisy office while slowly opening up the box. As I look inside, I see a red bag with hearts all over it. I realize it’s a personal item and my face begins to blush a bit. Everyone in the room starts asking me what it is, as my co-worker Stephanie blurts out, “It’s for Tom.” That’s where the trouble begins.

“It’s a gift!”

“Tom sent you a gift?”

“Tom Dellner??”

“Is Tom gay?! I thought he was married??”

“Is Tom having an affair?!”

Avoiding the awkward questions, I rush back to my office with Stephanie to look up Tom’s home address and ship it out ASAP. While trying to move the contents from one FedEx box to another, I see an order form that reads “Fuzzy Handcuffs,” right as Stephanie pulls them out to place in the new box. Not being able to fathom that things had escalated to handcuffs, our co-worker Christy walks by, sees our astonishment, and demands that we tell her what else was in the bag.

Acknowledging that things couldn’t get much worse, I pull out the order form and much to my surprise, a note was attached to it from a company called Quova. “Hello Tom. Relax. Don’t panic. It’s just a joke. We at Quova just wanted to send you a nice little Valentine’s Day surprise we knew would grab your attention.” The note goes on to talk about Quova’s expertise in online data security and privacy. Congratulations to Quova—your guerilla marketing tactics mortified me and certainly got our attention and disrupted our entire office.

Oh, and don’t think I wasn’t above putting the gift bag on Barbara Tulipane’s desk while she was out to lunch with a note that read, “From Your Office Crush- XOXO.”

Pat Cauley, eMedia editor, Electronic Retailer Magazine

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This past week, I attended a conference for retailers. Most of them were from the traditional brick-and-mortar world—unlike the virtual retailers I’m used to working with. Maybe everyone was just having a bad week, but I sensed a great deal of fear from this group. I shared my observation with an advertising agency and a media buying company —separately. Surprisingly, they gave me the same explanation. They pointed out that many of these retailers had multiple jobs within a few short years and it wasn’t by choice. In other words, with decreased sales comes pink slips. With our economy in the toilet, it’s no wonder that fear permeated the conference. And with fear comes caution.

Armed with this knowledge, I approached a few of the retailers to ask them what new marketing techniques they were using to combat slow sales. Much to my surprise, I learned that most were adopting a “hunker down mentality.” Although they were interested in nontraditional advertising methods, they cited a lack of time, knowledge and most importantly, the lack of confidence as barriers.

Part of me had to laugh because as an industry, we have made great strides in building consumer confidence in electronic retailing, but apparently we missed a step. We overlooked the importance of helping traditional retailers understand how e-retailing can increase their sales. E-retailers have been using affiliate marketing, social networking and multiple channels to not only reach new customers, but also actively engage and retain them.

Think about the chicken and the egg—if you’re a retailer reading this—do you try new things in a sluggish economy or is this the time to hunker down? I think we would all agree with a major advertiser who said, “When times are good you should advertise. When times are bad, you must advertise.” Perhaps the better question is not if should you advertise, but how should you advertise?

I invite all retailers to join me and my direct response friends in Miami at ERA’s eRetailer Summit, where we will continue this discussion and help you learn not only which risks are worth taking, but also how to take them.

Barbara Tulipane is ERA’s president and CEO

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Let’s face it, Washington is not known for being hip, but last night’s party held at Google’s D.C. office was very cool. They were celebrating the opening of their Government Affairs office and I was thrilled to be invited. U.S. Representatives, FCC Commissioners, business leaders and a sea of 30-somethings bent on improving the world sipped on “YouTubes” (a cocktail concoction) and munched on sushi, while Xbox games played on walls throughout the office draped with dramatic colors and distinctive furniture.

How nice it was to hear from Google’s president, Eric Schmidt, that Google understands the importance of working within the system to affect change. He was talking about Net Neutrality—a battle ERA members share with Google. It’s always a pleasure to hear a CEO who “gets it” and makes the commitment to be an active player.

However, perhaps the biggest thrill of the evening for me was meeting the “father” of the Internet—no not Al Gore, but the inventor himself —Vint Serf! I was pleasantly surprised by how gracious and humble he was in light of his tremendous contribution to society.

It was a great evening. As I headed to my car, I was heartened to feel the energy and excitement surround not the party itself, but rather the spirit of the industry. The future is indeed very bright.

Barbara Tulipane is ERA’s president and CEO

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I am very proud to report that the Wheelchair Foundation has changed the lives of more than 650,000 people around the world—and the lives of every member of their families—with the delivery of life-changing wheelchairs. And ERA members helped us get there!

This mission started for me back in April of 2000 when Ken Behring called and asked if I would help him create this life-changing humanitarian mission. It has indeed been life-changing for the wheelchair recipients, their families, the donors, the volunteers who raise funds and especially those who participate in the hands-on distribution of wheelchairs. And while we were in the process of changing so many lives for the better, mine was also changed. I have never felt more blessed to be involved in anything in my life, and I can honestly say that the mission of helping people with physical disabilities realize their dreams and abilities is one of which I am very proud.

A true gift for me is when I find a kindred spirit that feels the same way I do about helping people. Mercury Media’s Dan Danielson is that person and was the one who contacted us and proposed working with ERA members to sponsor large numbers of wheelchairs around the world. With the incredible support and dedication of ERA President and CEO Barbara Tulipane, Dan was able to get the message out to the entire direct response industry about our mission and how easy it is to change people’s lives. (more…)

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Before the holidays, the FTC invited a small group of industry representatives to preview their tutorial for ways businesses can protect the personal information that they collect. Frankly, I didn’t look forward to attending what I thought would be yet another boring presentation on data security. Boy was I wrong! The FTC actually produced a video that even our industry would be proud of. It’s interactive, it’s fun, and it was developed with the intended audience in mind.

Click here to view the FTC video!

I strongly encourage you to share it with your fellow employees—it’s the least painful way to learn the five basic principles to protecting your customers’ information: take stock, scale down, lock it, pitch it and plan ahead. I could be wrong, but perhaps the FTC has learned a thing or two from the direct response industry—and that’s knowing your audience. The only thing this video missed was the CTA…let’s keep that one a secret!

Barbara Tulipane, ERA president and CEO

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It was bad enough when a large brick-and-mortar retailer told members of Congress at last week’s hearing on Streamlined Sales Tax (SST) that online retailers have an unfair advantage over companies like his. Indeed, the entire argument surrounding SST is one of evenhandedness across selling channels. The debate is complex and often touches on seemingly contradictory or ambiguous points. But what really floored me was when a Congressman in support of this retailer’s testimony remarked that he missed the days when he could walk into a store and yep, you guessed it, “everyone knew his name.”

If Congress is really concerned about a level playing field, then perhaps they should recognize that the Internet allows that small main street retailer to compete against the larger retailers through direct-to-consumer tools. Electronic retailers use these tools to create a conversation with their customers. In fact, when I log onto my skin care provider’s site, they greet me by name, know my preferences and assist me in learning about products relevant to my skin. Now that Congressman harkens back to the old days when a retailer knew their customer on a first-name basis; today the Internet provides this experience.

As technology permits a myriad of consumer shopping options, and if the argument is that remote retailers should collect sales tax to level the playing field, then I encourage Congress to ensure that Internet retailers have unfettered access to their consumers with a free and open Internet. But that’s another posting…

-Barbara Tulipane, ERA president and CEO

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ERA Chairman Ed Garrubbo of Creative Commerce, CEO of IAC Retailing, which includes HSN, Mindy Grossman and ERA’s President and CEO Barbara Tulipane pose with Internet and political icon, Arianna Huffington at ERA’s Annual Leadership Dinner.

IFS’ Andy Arvidson takes a candid shot with ERA’s Robin Greenspan

ERA Board Members Lee Swanson & Fern Lee

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