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Ad Law Tool Kit Show
Telemarketing and Texting
Season 1, Ep. 12
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Telephone and text marketing is ubiquitous these days. But those tools also pose private litigation risks and regulatory hurdles that marketers should be aware of at the outset of any campaign. They involve legal and regulatory complexities, including do-not-call laws enforced by the FTC, FCC, and states. Host Shahin Rothermel and Venable partner Ari Rothman talk about how litigation often concerns consent for autodialed calls and texts. State laws may broaden rules, causing uncertainty regarding reassigned numbers.
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6. Made in USA Claims
19:22||Season 2, Ep. 6Many customers like to “buy American” and are willing to pay more to do so. However, if you want to call out your product’s homegrown attributes, you should know that the Federal Trade Commission (FTC), as well as some states, including California, have created very specific guidance and laws on what it means for a good to be of domestic origin. Host Len Gordon and his guests, Venable partner Mary Gardner and associate Jay Prapaisilp, look at the FTC’s detailed Made in USA guidance on product manufacture, sourcing, assembly, and labeling, and the penalties for violation.5. Litigation Trends in Privacy Law
14:40||Season 2, Ep. 5Data breaches, cookie banners, chatbots, pixel tracking, and biometrics are just some of the trends in privacy law that are keeping litigators busy. Many technologies that are necessary to operate a website have become hot areas of litigation. But there are more trends, and more questions. Host Shahin Rothermel and her guest, Venable partner Jean-Paul Cart, discuss the states that are considering new consumer protection legislation, what other technologies are being targeted by plaintiffs, and what your business can be doing to be prepared.4. Green Claims
18:20||Season 2, Ep. 4Protecting the environment and practicing social responsibility not only benefit the planet, but also provide a compelling value proposition. The Federal Trade Commission (FTC) has issued detailed guidance for marketers about how to substantiate green claims, and states are increasingly passing laws governing environmental advertising. Host Shahin Rothermel and her guest, Venable partner Claudia Lewis, discuss how marketers can promote the environmentally conscious aspects of their products while avoiding so-called greenwashing.3. Drip Pricing
19:25||Season 2, Ep. 3In 2023, the Federal Trade Commission (FTC) identified two junk fees-related practices it wanted to regulate—omitting mandatory charges and fees from advertised prices and misrepresenting the nature and purpose of the charges or fees. States have been active as well. “Junk fees” or “drip pricing” would be replaced by the “total price,” which businesses would be required to clearly disclose. Host Len Gordon and his guests, Venable partner Ellen Berge and associate Jay Prapaisilp, discuss the impact bans on drip pricing might have on businesses, and what marketers should be paying attention to as total price laws come into effect.2. Email Marketing in the Crosshairs
20:31||Season 2, Ep. 2For decades, email marketing has been an important tool that businesses use to reach customers. But in recent years, marketers have had to comply with an increasing number of laws enacted to protect a consumer’s privacy and address so-called spam. Host Shahin Rothermel and her guests, Venable partners Ellen Berge and Ari Rothman, discuss what companies should keep in mind as email marketing lawsuits are on the rise.1. Negative Option and Continuity Marketing: Part II
19:30||Season 2, Ep. 1Negative option marketing can include pre-notification negative option plans, continuity programs, automatic renewals, and free-to-pay conversions. This marketing strategy continues to invite scrutiny from the Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs. Our episode on this topic was the most popular from Season One, so we’re back with an update. Host Len Gordon and his guests, Venable partners Shahin Rothermel and Ari Rothman, discuss the keys to success in avoiding investigations and liability.Trailer: Ad Law Tool Kit Show - Season 2
01:46||Season 2, Ep. 0If your organization is counting on you to identify potentially problematic advertising and marketing practices, or avoid them altogether, you’ve come to the right place. Welcome to Season Two of Venable’s Ad Law Tool Kit Show. Join partners Len Gordon and Shahin Rothermel of our award-winning Advertising and Marketing Law Team as they examine the increasingly complex regulatory landscape. Each week, they’ll dive into a new issue—from made in USA claims to marketing to children—and help build your advertising law tool kit.11. State Attorney General Investigations
32:43||Season 1, Ep. 11State attorneys general (AGs) are the chief legal officers of their states, and their areas of concern are vast. Aggressive enforcement against telemarking, debt relief, privacy violations, and charity fraud can generate goodwill with an AG’s state residents. Compliance with laws, prompt complaint resolution, and proactive engagement with AGs are crucial. Host Len Gordon and his guest, former Venable partner Alex Megaris, go over how businesses facing AG inquiries should retain documents, negotiate confidentiality agreements, and focus efforts on smaller AG committees in multi-state actions to manage these probes effectively.