CAN-SPAM, CIPA, COPPA, DNC, FDUTPA, FTC, MLM, TCPA, and more: modern advertising and marketing law involves a dizzying array of acronyms representing complicated legal rubrics and multiple regulatory players. We help businesses make sense of this alphabet soup, so they can identify, understand, and comply with applicable law. We routinely address regulatory and compliance requirements for business planning and strategy purposes, as well as addressing adversarial regulatory and litigation proceedings. Our firm also represents clients in advertising and marketing related corporate and transactional matters.
Representation engagements include the representation of several companies in evaluating multi-level marketing strategies, the evaluation of compliance risks associated with new marketing efforts undertaken by a major shared ownership company, and the counselling of several companies that develop innovative communicative methodologies involving interplays with the Telephone Consumer Protection Act.
Our firm has experience representing companies in the manufacturing, solar energy, automotive, financial services, health care, aviation, hospitality, shared ownership, technology, public relations, and lead-generation industry sectors in specifically evaluating advertising and media compliance issues associated with marketing materials, contractual arrangements with vendors, and litigation or regulatory proceedings associated with allegations of violations of various state and federal laws.
We also assist large companies in developing and implementing internal policies, procedures, and checklists to ensure in-house and affiliate advertising and marketing efforts remain compliant with legal requirements. This enables in-house non-lawyer teams to spot and avoid legal issues as part of the development of internal advertising and marketing efforts, without the necessity of including legal review as part of the first stage of a business unit's development process.
Other specific examples of our experience include the representation of an international publicly traded company in the successful resolution of a dispute with a competitor revolving around the use of the term "industry-leading" in marketing materials, the successful negotiated resolution of a dispute with a state consumer protection agency regarding allegations of unlawful and deceptive trade practices associated with online marketing materials for an international technology services company, representation of a lead generation company in dozens of individual contractual arrangements involving the collection and use of information for advertising and marketing purposes (as well as successful resolution of several disputes regarding the contracts at issue), and representation of an international full service public relations agency as outside general counsel in addressing a wide range of advertising and marketing issues on a routine basis.