On January 11, Paavana L. Kumar, Davis+Gilbert Advertising + Marketing associate and Louis DiLorenzo, Davis+Gilbert Advertising + Marketing associate, will speak at Practising Law Institute’s (PLI) One-Hour Briefing entitled “Hot Topics in Advertising Law for E-Commerce Companies.”
As historically brick-and-mortar retailers transition to digital and social media, marketers are restructuring their offerings to promote installment and subscription-based solutions, redirect spending towards omnichannel consumer engagement and cultivate a presence in VR, AR and the metaverse. In addition, retailers are positioning their e-commerce and subscription platforms to capitalize on virtual experiences such as group savings and promotions, interactive influencer marketing campaigns, and shoppable entertainment (what has become known as “social commerce”).
Hot topics that retailers in the e-commerce space today should know the following:
- Key laws regulating sales, discounts, pricing and shipping practices, including reference pricing issues and the Mail Order Rule
- Highly regulated landscape surrounding automatic renewal and subscription programs, including the FTC’s renewed focus on “dark patterns” in e-commerce user flows
- Guardrails and watch-outs when operating loyalty programs, gift card initiatives and sweepstakes and contest promotions
- Updated guidance regarding influencer marketing, native advertising, and use of reviews and rankings, especially in light of the FTC’s current review of updates to its Endorsement Guides