Uncategorized
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).
Read More...Prize Promotions Near Top of FTC Consumer Complaint List. Do Marketers Know the Law?
March 22, 2011On 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
Read More...Loyalty Programs: Points, Codes, and Gift Cards–Oh My!
March 16, 2011As 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?
Read More...Ten Steps for Managing Employees in Social Media
March 8, 2011As companies embrace social media in 2011, they should consider the role of their employees as their online representatives. Instead of prohibiting social media activity all together (a practice that may sustain legal challenge), companies should allow their employees a social media presence while providing some rules to govern their conversations. Well-written policies prevent public relations disasters and potential legal liability. In addition, when done properly, they also create environments that foster productivity and loyalty among employees.
Read More...