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Call for Backup: Substantiation in Advertising Claims

What is substantiation?  It’s not what we do the day after we have ice cream sundaes for dinner (that’s rationalization). It’s what advertisers should do every time they make a claim about a product or service. Whether you are advertising its effectiveness, purpose, price, or any other attribute – if you claim it, you […]

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A What Not to Do List

ROSCA is the Restore Online Consumer Confidence Act. It’s
the rule under the FTC that regulates negative option offers. You know those
offers, they go something like this:

Step 1: A “risk-free” trial offer; Step
2:  Undisclosed charges if you don’t
cancel the un-risky trial; Step 3: You also got that automatic shipping with
your free trial; Step 4: You […]

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Best in Show: Five February Ad Law Headlines

While February is the shortest month (and for us Richmonders, the one with the strangest weather), it was not without an abundance of advertising law updates and headlines.  Below, I’ve summarized my top Five for February, although there was so much content that it was hard to just pick five). In the interest of […]

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Here Comes Generation Alpha

There are lots of scary headlines lately but this one may be the scariest yet: Here Comes Generation Alpha. The name is what it implies – move over Millennials, Alphas are the new, well, alphas, when it comes to who is making household purchasing decisions. These are kids born in 2010, the same year that […]

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Ooh La La…GDPR Fines Google Beaucoup

If we were waiting to see what effects the General Data Protection
Regulation, fondly known by now as the GDPR, would have on US based companies, we
have clues. Another 56.8 million of them – the amount of the fine against
Google for non-compliance with the consent requirements of the GDPR.  

France’s data protection regulator (CNIL) found […]

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Alphabet Soup Part II: Who’s Who in Advertising Self-Regulation

In Part I of Alphabet Soup, I outlined the online advertising self-regulatory framework.

In Part II, I focus on the Advertising Self-Regulatory Council (“ASRC”), administered by the Council of Better Business Bureaus, and its mission of providing guidance and standards for truth and accuracy in advertising for national advertisers. Much like the Federal Trade Commission, […]

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Alphabet Soup Part 1: Who’s Who in Advertising Self-Regulation

 PART 1 – ONLINE ADVERTISING

Everyone is familiar with the Federal Trade Commission which is the main federal body regulating and enforcing advertising laws.  But in addition to federal regs, the advertising industry has a robust and complex self- regulatory framework. This framework provides voluntary guidelines and best practices for all aspects of the advertising industry.

The online […]

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Goodbye 2018, Hello 2019: End of the Year Ad Law Update

End of The Year Update – Best of December

2018 ended with some exciting advertising law headlines: dropped lawsuits, cannabis regs, and SEC settlements with DJ Khaled and Floyd Mayweather, Jr.

1.  Production Transparency.       The Department of Justice has halted its investigation, which began in 2016, into whether ad agencies were directing […]

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The Toys are Listening (even if your kids aren’t)

Everyone wants to give the latest and greatest toy or gadget to their children for the holidays.  When I was 10, it was a Cabbage Patch Kid, and now with most ten-year old’s it’s something that starts with an i.  But beware, parents – while smart toys may have lots of appeal, they may not […]

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Tips for Successful Real Time Marketing

What is Real Time Marketing?

Real Time Marketing (“RTM”),  is when marketers react quickly to a moment such as an event, a national celebration, a big game – in an effort to add some relevancy into a consumer conversation as that event is happening, usually via social media or instant response platform. It’s marketing based on […]

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