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Legal Problems for Franchisors in Social Media
April 4, 2016Social media content moves swiftly and sometimes even the best marketing teams make mistakes. Those mistakes can come back to bite a franchisor, hurting its reputation and even causing legal issues.
Read More...FTC Assault on Lord & Taylor Follows Viral Product Bomb Campaign
March 25, 2016Industry members were surprised to see swift enforcement of the FTC’s Native Advertising Enforcement Policy, disseminated in December 2015. On March 15, 2016, the FTC announced its first consent order under this policy. Retailer Lord & Taylor (L&T) had run a highly successful social media “product bomb” campaign in March 2015 to launch its apparel line Design Lab. The campaign focused on one paisley, asymmetrical dress. L&T contracted with Nylon, an online fashion magazine, to run an article about the collection and feature the paisley dress. L&T also required Nylon to post a photo of the dress on its Instagram page. L&T reviewed both the article and the Instagram post before publication but failed to require a disclosure that they were paid advertising. Instead, the FTC alleged that L&T falsely and deceptively presented Nylon’s content as independent opinion about the Design Lab line.
Read More...How to Spot Legal Issues in Your Social Media Campaigns
December 16, 2014Social media campaigns come fast and furious, here today and gone tomorrow. Brands may be tempted to skip legal vetting, assuming their offers will fly under the radar of regulators. Even if you don’t have inside counsel, your marketing team should have a vetting system in place. Marketers can learn to spot legal issues and work to reduce risk with outside counsel. Here are twelve laws with which social media marketers should be familiar when deciding when to turn to legal counsel.
Read More...Best Legal Practices for Marketing with Vine
July 16, 2013Vine videos have taken social media by storm. Brands are catching on to the trend. A recent survey conducted by Unruly Group Limited shows that companies now use Vine about 4 times more than online videos to market their brand.
Read More...FTC Issues New Rules for Digital Advertising
April 4, 2013Advertisers now have a new set of standards for making disclosures in digital advertising, courtesy of the FTC. Last month, the FTC released its revised “.Com Disclosures: How to Make Effective Disclosures in Digital Advertising.” Asserting that advertisers need to make their disclosures clearly so that consumers understand their offers, the FTC decries hyperlinks, hashtags, and pop-ups.
Read More...Hot Topics in Advertising Law for 2013
January 16, 2013With 2013 now officially underway, I am highlighting some hot topics in advertising law. We will continue to see developments in these areas, whether judicial or legislative in nature. The most proactive step a brand can take to avoid legal risk is to allocate some of its crisis budget to audit its advertising and marketing practices early in the year.
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