Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Promotions, Sweepstakes & Contests

Arent Fox has assisted its clients with some of the biggest and boldest promotions launched in the past decade. Our clients are creative and savvy, and look to their lawyers for solutions that take into consideration the vision for the promotion as well as the legal parameters. As such, we recognize that there are risks worth taking, while advising on strategies to minimize those risks. Our attorneys guide clients on all aspects of the development of a promotion. We routinely assist clients with the structure, terms, marketing materials, and fulfillment issues both in the United States and globally.

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The Gift that Keeps on Giving: New Jersey Backs Down a Little on Gift Card Requirements

New Jersey Gov. Chris Christie recently signed a bill amending the state’s gift card law to eliminate the consumer data collection requirements. The law previously required companies operating in New Jersey to maintain records of the name, address, and ZIP code of gift card purchasers. Much to the relief of retailers, the new bill eliminates this requirement.

Mary Kay Takes Aim at ‘Fraudulent Couponing Scheme’

The international skin care and cosmetics company Mary Kay is hitting back against what it is calling a “fraudulent couponing scheme” operated by the online digital coupon marketplace, RetailMeNot. Earlier this month, Mary Kay filed a federal lawsuit against RetailMeNot (RMN) alleging that RMN’s online coupon business violates federal trademark and advertising laws, as well as federal and state unfair competition laws.

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Everyone’s a Winner: FCC Moves to Modernize Broadcast Contest Rule

What’s the News?

Recently, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking seeking comment on proposed updates to its broadcast Contest Rule.

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Are You Behaving? Targeted Advertising Enforcement Ramping Up

What’s Making News?

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (Accountability Program) recently challenged Best Buy, Yelp, Answers Corp., Buzzfeed Inc., and Go.com over the companies’ failure to provide adequate notice regarding the fact that information was collected from their sites for online behavioral advertising (OBA) purposes. This marks the first cases issued as part of the Accountability Program’s promised Compliance Warning review.

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Washington State Attorney General Addresses Consumer Protection in the Age of Crowdfunding

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ADT Home Security Settles Charges Over Deceptive Advertising

What Made News?

The FTC is cracking down on misleading endorsements in advertising, and the home security company ADT has the lumps to prove it. Earlier this month, ADT settled FTC charges that it had deceived consumers by failing to disclose that “independent” security experts were in fact paid ADT spokespeople.

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FTC Warns Cole Haan Over Pinterest Contest

What Made News?

In a recent letter, the Federal Trade Commission (FTC) alleged that a promotional contest on Pinterest violated Section 5 of the FTC Act. Although the FTC did not take any direct enforcement action against Cole Haan, the letter forced Cole Haan to discontinue the contest and is one of the first instances in which the FTC has offered an opinion about what it takes to keep social media contests and promotions on the right side of federal advertising laws.

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Court Rules that Size, Placement of Forum-Selection Clause is Pivotal in Microsoft Case

What Made News?

A recent ruling out of West Texas in Mendoza v. Microsoft, Inc., 5:13-CV-00378 (W.D. Tex. March 5, 2014) serves as a reminder that companies must make sure their service agreements and online privacy policies conform to industry best practices, as well as legal requirements. The structure and format of these agreements can be critical to their enforceability and companies should not take any aspect for granted.

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We See What You Did There: Supreme Court Labels ‘Prudential Standing’ as Misleading in Key False Advertising Row

Static Control Components, Inc. may bring a false advertising claim against Lexmark International, Inc. for telling Static Control’s customers that it was illegal to use Static Control chips in refurbished ink cartridges, the Supreme Court ruled in a unanimous opinion authored by Justice Antonin Scalia. The Court’s ruling greases the skids for false advertising plaintiffs, who now face a lower burden in demonstrating prudential standing, and likely has broad-reaching implications for other business litigation.

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FTC Cracks Down on Misleading Environmental Marketing

As part of its effort to ratchet up enforcement on environmental claims and violations of the Guides for the Use of Environmental Marketing Claims (or Green Guides), the Federal Trade Commission (FTC) reached two separate settlements with companies accused of making misleading claims involving plastic products.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.