With newly proposed legislation, the House has joined the Senate in introducing bipartisan legislation making changes to the Children’s Online Privacy Protection Act (COPPA). This pending legislation, when combined with the Federal Trade Commission’s (FTC) ongoing COPPA review and workshop,
AdLaw By Request®
Information, news and updates on legal and regulatory activities pertaining to advertising and marketing around the globe
AdLaw By Request®, published by Reed Smith LLP, focuses on legal issues related to advertising, marketing, and promotional activities. The blog covers topics such as regulatory compliance for live-event promotions, risks and liabilities in influencer marketing, Federal Trade Commission enforcement actions on advertising claims, digital accessibility laws and related statutory damages, and charitable fundraising regulations. It addresses practical legal considerations for businesses engaging in promotional campaigns, including permit requirements, insurance, and local jurisdictional rules. The blog also discusses recent legislative developments affecting advertising and marketing practices, providing insights into compliance and risk management strategies.
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NCAA’s Consideration of Training Expenses for Olympic Athletes and Name, Image and Likeness Debate to Take Center Stage at Annual NCAA Convention
By Jason Gordon & Erika Auger
Last week, the National Collegiate Athletic Association (“NCAA”) proposed a new rule allowing elite Olympic and Paralympic athletes to have “additional training expenses” paid without jeopardizing their NCAA eligibility.
Athletes designated “elite” by the U.S. Olympic and Paralympic Committee and…
Key takeaways from the ICO’s draft Direct Marketing Code of Practice
By Elle Todd
The UK Information Commissioner’s Office has published a draft Code of Practice on Direct Marketing, which is now out for consultation. Here we discuss the context for this and key takeaway points from its 120+ pages.
Why is the ICO…
Former “Bachelor” Contestant’s $1 million Fantasy Football Win Under Investigation
By Jason Gordon & Erika Auger
Last week, sports gambling giant DraftKings announced that it is reviewing a former Bachelor contestant’s $1 million win in an online fantasy football contest after she and her husband were accused of cheating.
Jade Roper-Tolbert, a former contestant on the…
Advertising law: hot topics and trends in 2020
As we look toward a new year and a new decade, advertisers will need to be a step ahead of the market, in order to keep up with changing trends, a world impacted by an increased sensitivity to privacy and…
NAI Issues New Guidance on Consumer Opt-In Consent for Sharing of “Sensitive” Data
By Jason Gordon & Erika Auger
The self-regulatory group, Network Advertising Initiative (“NAI”), has issued new guidance, in which it mandates that its members obtain opt-in consent from consumers before collecting or using “sensitive” data for ad delivery and reporting, as well as for ad targeting.…
Proposed Class Action Targets CBD Chocolate Maker Over False THC and CBD Content
A class action filed this month in California alleges that Bhang Corporation, a Florida-based medicinal chocolate maker, violated several state and federal laws by claiming that its chocolate products contained much greater amounts of tetrahydrocannabinol (“THC”) and cannabidiol (“CBD”) than they…
NAD Announces Updated Filing Fees for 2020
By Jason Gordon & Erika Auger
This week, the National Advertising Division of the Better Business Bureau (“NAD”), the investigative unit of the advertising industry’s system of self-regulation, announced changes to its filing fees that will take effect on January 1, 2020. The following price structure will apply…
Today’s Hot Topic: News Simulation
“We interrupt this program to bring you the following update…”
From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves news simulation in advertising.
A few…
FTC Releases Guidance for Influencers
On Tuesday, the FTC released a set of guidelines for online influencers dictating when and how influencers must disclose sponsorships to their followers. The guidelines, available here, break down disclosure requirements and provide tips for influencers on how to…