WINNING PROMOTIONAL STRATEGIES
Prince Lobel’s Advertising and Promotions Practice Group helps you execute your creative vision, while ensuring regulatory compliance at all angles. We stay at the forefront of emerging technologies and constantly changing local and federal law, to guide you through all phases of your promotion, from development, structure, compliance, production, advertising, to package execution. With a high level of expertise and a commitment to seeing your ideas through, we help clients flourish, including publications, advertisers, and telemarketers.
OUR DEEP EXPERIENCE IN ALL PHASES OF A PROMOTION INCLUDES:
FTC Rules and Regulations
- Advising clients about the application and scope of the FTC’s rules and regulations, including the FTC’s negative option plans and endorsements regulations, the FTC’s Telemarketing Sales Rule, the FTC’s “do not call” provisions, the use of the word “free,” and rules and regulations governing competitive claims and substantiation requirements.
- Comprehensive review and compliance services for sweepstakes and contest packages.
- Review sweepstakes and contests for compliance with federal and state laws and industry regulations, including the Deceptive Mail Prevention and Enforcement Act of 1999 and the Telemarketing Sales Rule.
- Assist clients with implementing promotions through the use of new technology, such as mobile marketing, email, user-generated content promotions, behavioral marketing campaigns, data aggregation, Web-based promotions, and telecommunications.
- Counsel clients in connection with CAN-SPAM compliance, federal and state data collection and retention statutes, and the UK Data Protection Act of 1998.
Advertising and Marketing Regulations
- We counsel clients on the complex regulatory landscape, such as state and federal laws and industry guidelines on direct mail, telemarketing, and email marketing, which comprise a fast-changing and aggressively enforced area of advertising and marketing.
- We review scripts and promotional copy and review packages in light of federal and state laws as well as State Attorneys General regulations and enforcement actions.
Some of our areas of expertise include compliance and review services for:
- Cause-related marketing;
- Direct mail marketing and promotions;
- Games, sweepstakes, and contests;
- Joint promotions and product tie-ins;
- User-generated content promotions;
- Online promotions and marketing;
- Premium offers and incentive programs;
- Product introductions and rollouts;
- Product placements;
- Product sampling and demonstrations;
- Strategic partnerships;
- Telemarketing; and
- Website matters.
- Promotion Marketing Association (PMA)
- Direct Marketing Association (DMA)
- Boston Ad Club
- Representation of national magazine publisher in sweepstakes development, compliance, and winner notification
- Representation of national company regarding user-generated content contest promotion
- Review of regional media company’s direct mail promotion containing negative option provisions
- Advertising review of print publication’s promotional package using the term “free”
- Negotiation of behavioral advertising data aggregation contract for a national media outlet
- Negotiation of national children’s concert series sponsorship and promotional campaign for a national magazine publisher
- Negotiation of promotional and advertising package including webisode production for distribution and cross promotion via Web, television, mobile marketing, and in-flight entertainment for national publisher
- Review of advertorial campaign for regional publisher