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Advertising and Marketing Law

Prize Promotions Near Top of FTC Consumer Complaint List. Do Marketers Know the Law?

March 22, 2011

On March 8, 2011, the FTC released its list of Top Consumer Complaints areas for 2010. In 4th place out of ten, the category of “Prizes, Sweepstakes, and Lotteries” had 64,085 complaints, accounting for five percent of all complaints the FTC received. (See

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Loyalty Programs: Points, Codes, and Gift Cards–Oh My!

March 16, 2011

As Dorothy Marketer and her team skip down the Yellow Brick Road, they gaze longingly towards the gleaming, green Emerald City in the distance, filled with loyal customers and financial profit. They decide that a loyalty program will help bridge the gap in brand communications and deliver them squarely to the gates of the Emerald City. But have they forgotten that there are real dangers along the way that may prevent them from a safe arrival?

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And the Oscar Goes To….Brand Marketers with a Clear Vision

March 3, 2011

Were you as bored by this year’s Oscar presentations as I was? James Franco and Ann Hathaway were supposed to provide a young and hip version of the Oscar brand. I’m not sure that seeing James Franco in drag qualifies. But when technology revived Bob Hope as a host, or when Billy Crystal took the stage, the Oscar brand came back to life!

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Restaurants Gobbling Up Social Media Marketing

March 2, 2011

Restaurants have always relied on word of mouth marketing and repeat customers to keep their businesses thriving. Social media platforms offer the restaurant industry unique strategies for public relations, by encouraging their customers to return and spread the word about their establishments. Restaurant owners are gobbling up these marketing opportunities.

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Privacy Policies and Data Collection: Top 10 Steps to Take in 2011

February 15, 2011

2011 will test the boundaries of personal privacy in marketing. Consumers share their personally identifiable information (PII) on social media networks with little understanding that marketers silently track their preferences, their dislikes, and their PII. In many instances, marketers store the information and even resell it to third parties. The conflict between marketers’ targeted use of personally identifiable information (PII) and respect for consumers’ personal privacy will be at the forefront of regulatory efforts this year.

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