News & Analysis as of

Advertising Federal Trade Commission (FTC) Contests & Promotions

Womble Bond Dickinson

A Practical Guide for Offering Online Contests and Promotions

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The internet is now the primary medium for operators to disseminate online gaming, sweepstakes, and contests to participants worldwide. Opposing moral viewpoints, conflicting statutory interpretations and legal challenges...more

American Conference Institute (ACI)

[Event] 8th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation - February 6th - 7th, New York, NY

Join 100+ cross-industry advertising practitioners for comprehensive panel discussions, practical case studies and valuable insights on how to successfully navigate today’s new era of advertising at ACI's 8th Annual Legal,...more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

American Conference Institute (ACI)

[Event] 30th Annual Advertising and Marketing Law - January 17th - 18th, Toronto, ON, Canada

Hosted by Canadian Institute, the 30th Annual Advertising & Marketing Law conference returns for another exciting year where the top minds convene to network and engage in thought-provoking discussions shaping the law, policy...more

Moritt Hock & Hamroff LLP

Publishers Clearing House: A Cautionary Tale on the Risks of ‘Dark Patterns’ Marketing

Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more

WilmerHale

FTC Announces Enforcement Action Against Publishers Clearing House for Use of Dark Patterns and CAN-SPAM Violations

WilmerHale on

On June 27, the Federal Trade Commission (FTC) announced an enforcement action against Publishers Clearing House (PCH) in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a...more

Holland & Knight LLP

2023 Social Media Advertising Landscape: An Update from a Senior FTC Official

Holland & Knight LLP on

Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.  This Holland & Knight alert...more

Perkins Coie

Keep Your New Year Happy and Bright With These Ad Law Tips

Perkins Coie on

Another new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we...more

Faegre Drinker Biddle & Reath LLP

Thinking About Engaging an Influencer for Your Next Promotion? Plan Ahead!

Those running promotions such as sweepstakes or contests on social media may seek to engage influencers, or individuals with significant social media followings, to enhance their promotions’ visibility and boost engagement...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

Venable LLP on

​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

BakerHostetler

AD-ttorneys@law – November 2021 #1

BakerHostetler on

Kanye’s Kicks Cos. Clobbered by Cali Code - Yeezy failed to deliver the goods; part of uptick in MITOR attention Gotta Have It - We made a big deal of the Federal Trade Commission’s (FTC) investigation of and actions on late...more

McDermott Will & Schulte

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - September 29th, 12:00 pm - 1:00 pm...

Alcohol beverage companies must contend with an ever-evolving regulatory landscape, including unpacking the new environment under US President Joe Biden’s executive order on competition. How do you differentiate as a brand...more

McDermott Will & Schulte

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - August 12th, 12:00 pm - 1:00 pm...

As alcohol products compete in an increasingly competitive marketplace, how do you differentiate as a brand while being mindful of regulatory landmines? Join us for the second webinar in our Alcohol Quarterly Update Series on...more

Seyfarth Shaw LLP

From Brick & Mortar to the Web: An Overview of Federal Laws and Regulations to Consider When Operating an E-Commerce Business

Seyfarth Shaw LLP on

Long before COVID-19 affected retail companies had already started shifting to e-commerce platforms, marked by retail giants exclusively in the e-commerce space. ...more

Kelley Drye & Warren LLP

NAD Recommends Company Discontinue Long-Running “Limited Offer”

Over the past few years, a number of retailers have been challenged over their promotional pricing practices. Those challenges have been brought, primarily, by plaintiffs’ attorneys in class action suits and, occasionally, by...more

Baker Donelson

Keeping Your Social Media Contests Compliant

Baker Donelson on

Let's say that your marketing department plans to launch a product promotion through dedicated software applications (apps), the Internet, and/or social media, primarily accessed by the target audience on hand-held mobile...more

Fox Rothschild LLP

“Enter to Win!” Rules For Advertising Product Giveaways And Sweepstakes

Fox Rothschild LLP on

When done correctly, sweepstakes and prize contests can be an effective tool for building brand awareness and gaining customers. However, businesses that fail to abide by applicable statutes and regulations when using these...more

BakerHostetler

FTC Clarifies Native and Online Ad Obligations

BakerHostetler on

The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more

Dorsey & Whitney LLP

Updated FTC Guidance on Endorsements and Testimonials in Social Media Advertising – Does Your Advertising Pass Muster?

Dorsey & Whitney LLP on

In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content....more

K&L Gates LLP

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

K&L Gates LLP on

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness,...more

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