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Advertising + Marketing Alert

CARU Releases Revised Children’s Advertising Guidelines

August 16, 2021 by Patrick Quinn

The Bottom Line CARU’s Revised Guidelines represent much needed guidance in response to the modern realities of children’s advertising, including with respect to online platforms, apps, influencer marketing and social media.Marketers should ensure that they understand these changes — particularly Continue Reading

Alert, Are Your Influencers Putting You at Risk? - August 16, 2021

FTC Dings Coloring Book App for Drawing Outside COPPA Privacy Lines

August 2, 2021 by Patrick Quinn

The Bottom Line Even if part of an online service is directed to children, providers must comply with COPPA by sending notice and obtaining parental/guardian consent before collecting any personal information from children under 13 years of age.Operators of apps and online services that are Continue Reading

Alert, The Fine Print: Stay in Compliance without Losing Your Edge - August 2, 2021

Into the Weeds on Sen. Schumer’s Cannabis Bill

July 29, 2021 by Patrick Quinn

The Bottom Line The cannabis industry has been hoping for action on the federal level to resolve the significant divide between state and federal law.While the proposed Cannabis Administration and Opportunity Act would resolve the conflict favorably for the industry and legalize recreational Continue Reading

Alert - July 29, 2021

“Children and Teens’ Online Privacy Protection Act” Offers Potential Changes to COPPA Requirements

May 26, 2021 by Patrick Quinn

The Bottom Line Lawmakers have been discussing updates to COPPA for years, and the proposed CTOPPA may finally accomplish that goal. The bill raises the age for consent from 13 to 15, changes COPPA’s knowledge standard, and bans targeted advertising to children.If the bill becomes law, marketers Continue Reading

Alert - May 26, 2021

FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices

May 11, 2021 by Patrick Quinn

The Bottom Line The Supreme Court’s decision took away one of the FTC’s most valuable tools in enforcing Section 5 of the FTC Act, and may take a toll on monetary relief that the FTC can obtain in the near term.However, between the FTC’s other monetary remedies and proposals in Congress to codify Continue Reading

Alert, The Fine Print: Stay in Compliance without Losing Your Edge - May 11, 2021

Marijuana Legalization Has Other States Green with Envy

May 6, 2021 by Patrick Quinn

The Bottom Line In less than a decade, marijuana has gone from illegal to legal in a plurality of states, and the push for legalization is only strengthening.Although opportunities abound for the marketing industry in the marijuana industry, there are still legal risks to manage. Agencies Continue Reading

Alert, Balancing Compliance and Creativity in Regulated Industries, The Fine Print: Stay in Compliance without Losing Your Edge - May 6, 2021

ViacomCBS Issues Advertising Guidelines for Its Adult Directed Networks

April 15, 2021 by Patrick Quinn

The Bottom Line ViacomCBS’s newly published guidelines for advertisers is now readily available and advertisers should take it into consideration when developing advertising.Submitting advertising for network clearance is the best way to ensure that advertising will be accepted by each Continue Reading

Alert, Balancing Compliance and Creativity in Regulated Industries - April 15, 2021

Supreme Court Narrows Definition of Autodialer in Facebook Ruling

April 2, 2021 by Patrick Quinn

The Bottom Line The Court’s narrowing of the autodialer definition will provide flexibility to marketers using systems that do not have the capacity for random or sequential number generation, like those that dial from stored lists. It is likely to significantly reduce the number of class actions Continue Reading

Alert, Uptick in Consumer Class Actions as Online Purchases Grow - April 2, 2021

Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law

February 5, 2021 by Patrick Quinn

The Bottom Line The New York Automatic Renewal Law (ARL) has arrived, and it covers B2C subscription contracts.Marketers offering New York consumers goods or services on a subscription or automatic renewal basis should review their negative option/auto-renewal program practices to ensure Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge, Uptick in Consumer Class Actions as Online Purchases Grow - February 5, 2021

Four More States Give the Green Light to Legalize Recreational Marijuana

November 10, 2020 by Patrick Quinn

The Bottom Line The growing number of states that have legalized recreational marijuana has created opportunities for new businesses, and as a result, advertising agencies, media agencies and publishers. The expansion of legalized recreational marijuana to four additional states will only serve to Continue Reading

Alert - November 10, 2020

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