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Practice Groups / Advertising, Marketing and Promotions / Marketing |
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Advertising, Marketing
and Promotions Law Services
Marketing
Davis & Gilbert provides its clients with ongoing counsel and advice in connection with the marketing of their products and services: from the traditional to the highly specialized.
While we are frequently involved in providing advice and counsel on traditional marketing programs, we have developed a more specialized practice in advising and counseling clients on marketing issues unique to their industries; including telecommunications, video games, books, films, alcoholic beverages, consumer electronics, real estate, membership services, music, foods, and many more. We have assisted numerous companies in the development and marketing of new programs, products and services by providing counsel in the following areas:
Compliance with service contract and extended warranty laws, including necessary registrations
Motor club / roadside assistance statutes, including necessary registrations
Electronic signature legislation
Pre-paid phone cards
Pay-per-call statutes
Gift certificates and stored value cards including escheat laws
Price range advertising
Recorded telephone conversations
Electronic billing
Unsolicited commercial e-mail
Discount buying club compliance
We also work closely with clients in all areas of traditional integrated marketing campaigns, including:
Drafting and reviewing discount offers, refunds, rebates, warranties, service contracts and sales of products on an installment basis
Advising on telemarketing, including compliance with the Telemarketing Sales Rule, the Telephone Consumer Protection Act and similar state laws and drafting and reviewing telemarketing scripts
Advising on direct marketing and membership club marketing practices
Negotiating and drafting co-branding project agreements
Advising on Internet marketing practices
Actively participating in the legislative process at the Federal, state and local levels
Counseling on credit and billing practices, including compliance with the Truth in Lending Act, Fair Credit Reporting Act, Equal Credit Opportunity Act and related state laws and regulations
Advising on joint marketing campaigns and the licensing of properties
Davis & Gilbert serves on the legal committees of the AAAA, PMA and Direct Marketing Association and works closely with the ANA, AAF and American Teleservices Association.
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