Mobile Marketing
Online Marketers Need to Know about FTC Proposed Changes to Mail Order Rule
October 31, 2011If you follow advertising law, you know that the FTC is in the process of reviewing all of its agency rules and guides to conform them to modern marketplace realities. Earlier this month, the FTC announced proposed changes to the Mail or Telephone Order Merchandise Rule, and it opened the changes for public comment.
Read More...The Age of Corporate Social Media Policies 2.0 (aka What the NLRB Did This Summer)
October 4, 2011On August 18, 2011, the National Labor Relations Board’s (NLRB) Acting General Counsel released a report concerning social media cases in the past year. Anyone involved with developing or enforcing social media policies should read this report, coupled with the September Hispanics United of Buffalo decision. Together, these developments have ushered in a new age in drafting corporate social media policies.
Read More...A Modest Proposal: How to Have a Social Media Policy and Keep Your Employees Happy
September 12, 2011Last week, the NLRB issued its first ruling concerning social media posts and employee terminations. An administrative law judge ordered the non-profit agency Hispanics United of Buffalo (HUB) to restore the jobs of five workers with backpay. The five workers had engaged in a conversation on Facebook during off hours, defending their job performance after hearing a coworker’s criticisms. HUB fired them, asserting that their Facebook comments constituted harassment of the co-worker and violated HUBS’ anti-harassment policy.
Read More...July 19 Webinar Explores Prize Promotions in Social Media and Mobile Platforms
July 12, 2011Today’s social media and mobile platforms offer companies unique outreach strategies that encourage customers to return and to spread the word about their products and services. At the same time, it is important to understand that these exciting opportunities also create legal risks and challenges. Companies may unwittingly push the boundaries of the law as they forge ahead with these new marketing strategies.
Read More...Fearless Marketing: Five Steps to Launching a Social Media Presence
May 24, 2011Last week, I spoke at the GSMI Social Media Legal Risks and Strategies Summit on “Protecting Your Brand in Social Media” and “Prize Promotions in Social Media and Mobile Marketing.” Most of the audience was feeling their way into social media and trying to get a handle on the legal issues they might confront. While many attendees seemed convinced of the power of social media, they also seemed scared by the risks. I was reminded of the words of Theodore Roosevelt: “It is hard to fail, but it is worse never to have tried to succeed.” Indeed, it is possible to chart a course in social media that affords legal protection and safeguards to a brand. Below, I outline a five step process.
Read More...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.
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