Advertising, sweepstakes, contests, email, direct mail and other promotional activities are initiatives many companies undertake to market their products and services. Whether you’re telemarketing, advertising, or using the internet, every business needs to know about the laws and regulations that govern how these types of marketing programs may lawfully be conducted.
Over the last few years, the proliferation of mass media has afforded businesses an increasing number of opportunities to reach their target audience and generate revenue. With these opportunities have come a number of issues that state and federal governments have enacted laws and policies to address. Promotional materials that mislead consumers, personal information collected in databases that are sold to third parties, and invasive telemarketing are just some of the activities that have sparked aggressive regulatory action.
Companies wanting to understand the regulatory landscape of marketing programs and avoid costly investigations, fines, and business disruption, look to Arnall Golden Gregory’s Marketing Law Team for counsel on how to plan and execute programs that comply with applicable state and federal laws. AGG represents businesses engaged in direct marketing, advertising and promotion agencies, advertisers, media companies and Internet companies in all aspects of growing their businesses. Our attorneys work with clients in the following areas:
Interactive Marketing Our experience includes the review of Web site content, including online advertising, promotions and sweepstakes; the drafting of licenses for the use of music, talent and various audio and visual materials in film, radio and television; advising clients regarding potential liability issues for online content providers, the negotiation and drafting of agreements for the development, hosting and linking of Web sites; and the negotiation and drafting of Internet service agreements and software licensing agreements.
Sweepstakes, Sponsorships and Other Promotions We assist clients in the development and review of advertising and promotional materials, including the development and registration of sweepstakes rules, contests, coupons, gift cards and rebate offers, and other promotions offered through various media formats. We negotiate and draft co-marketing, sponsorship, and agency agreements.
Direct Marketing and Telemarketing We represent businesses that are engaged in business-to-consumer marketing with respect to federal and state law compliance matters, including the review of marketing collateral and other promotional materials, do not call statutes and state laws requiring registration of telemarketers. On an on-going basis, we analyze federal and state laws concerning telemarketing, email marketing and sweepstakes for various clients. In addition, we review the content of electronic mail advertising and advise them on various state and federal laws.
Privacy Many promotions generate leads that are then used to create a database of customers and prospective customers. We advise clients on a wide range of data privacy matters, including Internet privacy, financial privacy, healthcare privacy, telecommunications privacy and international data protection.
Intellectual Property We advise clients with respect to the adoption, use, monitoring, protection and acquisition of patents, copyrights, trademarks, service marks, trade names, trade dress and Internet domain names with respect to their promotions.
Litigation and Regulatory Actions We prosecute and defend claims of misleading and deceptive advertising in federal and state courts. We also defend advertisers against claims asserted by the Federal Trade Commission, various state attorneys general, the National Advertising Division of the Better Business Bureau and other industry and governmental regulatory agencies.
