Advertising and Marketing Law
GSMI Mobile Marketing Strategies Summit: Sandwiched by FTC Enforcement and Class Action Litigation
May 3, 2011Last week, I spoke at the GSMI Mobile Marketing Strategies Summit in San Francisco on running mobile promotions. The Summit’s timing was impeccable. Before the Summit, the FTC announced enforcement actions under the TCPA and the Telemarketing Sales Rule. Immediately after the Summit, class action lawyers filed complaints based on mobile marketers’ practice of confirming consumers’ desire to opt-out. With flip cameras going by the wayside and smartphones increasing in market share, mobile devices are increasingly important in our lives. As brands step into this nascent space, it is crucial to understand the legal issues that permeate mobile marketing.
Read More...Five Common Legal Errors in Internet and Social Media Marketing
April 25, 2011I have met a surprising number of experienced business people who do not budget for legal advice. Here are five common legal mistakes in Internet and social media marketing that can result in financial penalties and business interruption.
Read More...Kyle-Beth Hilfer quoted on Social Media in New York Times/MetLife E-Newsletter
April 18, 2011Kyle-Beth Hilfer was interviewed and quoted about managing employees in social media. You can find the discussion in “Outlook on Benefits,” an e-newsletter for human resources and employee benefits managers created in partnership with The New York Times and MetLife.
Thank you to The New York Times and MetLife for allowing reprint rights on this blog.
Recent FTC Text Message Spam Case: A Cautionary Tale for Mobile Marketers
April 12, 2011The FTC is serious about enforcing the opt-in requirement for mobile marketing. On February 23, 2011, the FTC asked a federal court to shut down a text message spammer and freeze the defendant’s assets. The FTC asserted violations of the FTC Act for deceptive advertising as well as violations of the CAN-SPAM Act based on the text messages’ failure to include an opt-out and the sender’s physical mailing. See: http://1.usa.gov/fLuRBZ
Read More...Kyle-Beth Hilfer to Speak at GSMI’s 2011 Mobile Marketing Strategies Summit in San Francisco — April 26.
April 5, 2011Kyle-Beth Hilfer will speak on “making your mobile promotions effective and compliant” at GSMI’s 2011 Mobile Marketing Strategies Summit. Presenting with Jennifer Cohen of Something Creative, LLC, Kyle-Beth will address the legal issues of mobile marketing and working collaboratively with a brand’s marketing team to ensure a successful mobile promotion.
Read More...Paying for Playing the Wrong Tune: FTC Enforces Endorsement/Testimonial Guides against Guitar Educator
March 30, 2011A recent FTC enforcement activity shows that the FTC is serious about its revised Testimonial and Endorsement Guidelines (http://1.usa.gov/ii9Dk0).
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