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In Depth

Advertising and marketing today is regulated by a multitude of government agencies at both the state and national levels, as well as industry bodies and self-regulatory frameworks, which continually impose new and more stringent requirements for marketers. In this ever-changing and increasingly complex regulatory environment, Loeb & Loeb’s Marketing and Advertising Regulatory Practice offers proactive, knowledgeable counsel to help clients reach, serve and expand their markets utilizing both traditional and new media platforms. We work closely with our clients in the development and review of advertising and promotional materials to ensure compliance with the full range of legal and industry standards, and to avoid or overcome regulatory actions or investigations.

As rapidly evolving Internet and digital media platforms, new technologies and mobile applications enhance marketers’ ability to create and deliver more personalized, segmented solutions to customers, the market has witnessed the introduction of more and more local, state and federal laws designed to protect consumers, address privacy and data security implications of emerging media and marketing channels, and help individuals and businesses maintain control over their intellectual property and brand assets. Our multidisciplinary practice provides sophisticated risk management guidance to keep our clients out of harm’s way and help them develop best practices and procedures to conduct effective and legally compliant marketing campaigns of all types and across all platforms.

We advise clients on multimedia marketing initiatives that involve compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act and state anti-spam laws; applicable laws regarding collection and use of consumer information; FTC and state government false, deceptive or unfair advertising requirements; and issues regarding use of social media and consumer-generated content. We also counsel on regulatory issues involved with marketing to children, sustainability and green marketing, product labeling and other specific marketing practices.

Should regulatory actions or investigations arise, our experienced advertising disputes attorneys have expertise representing advertiser clients in all phases of litigation in state and federal court and in alternative dispute resolution. We also have extensive experience representing advertisers in proceedings before the National Advertising Division (NAD), the Children’s Advertising Review Unit (CARU) and other advertising industry self-regulatory bodies.

Our broad Marketing and Advertising Regulatory Practice capabilities include:

  • Compliance with the myriad local, state and federal consumer protection laws 
  • Consumer class action litigation and settlements 
  • FTC and state attorney general investigations 
  • Sweepstakes and contests 
  • Email marketing, text message marketing and telemarketing
  • CAN-SPAM and FTC and FCC rules and regulations
  • Behavioral and viral marketing 
  • Collection and use of customer data 
  • Privacy and data security 
  • Claim substantiation 
  • Sustainability and green marketing
  • Children’s marketing 
  • Mail order compliance 
  • Product placement and brand integration 
  • Negative options 
  • Customer incentives, including coupons, rebates and loyalty programs 
  • Gift cards and state abandoned property laws 
  • Club and membership-based marketing