Our parents always told us, “don’t do anything halfway.” That maxim could not be truer when it comes to advertising products and services online. Regulators scrutinize online advertising. The plaintiffs’ class action bar scrutinizes online advertising. Everyone scrutinizes online advertising. With traditional television, radio, and paper media quickly being replaced by the Internet, it is even more important to cross all your t’s and dot all your i’s in advertising compliance. A number of legal issues – such as claims substantiation, auto-renewals and “free-to-pay” conversions, privacy policies and website terms and conditions, obtaining consumer consent to contact them, the use of endorsements, testimonials, and influencers, disclosures, crowdsourcing, restrictions on consumers leaving negative reviews, and website compliance with the Americans With Disabilities Act – have formed the bases for recent regulatory enforcement and private litigation.
Join Venable LLP Advertising and Marketing Law, and Litigation attorneys, Daniel S. Blynn and Stephen R. Freeland, as they identify “hot” online advertising issues, and discuss how to advertise in a compliant way on the Internet and the potential repercussions if you don’t.
A member of Venable's national Advertising and Marketing Practice, Dan Blynn focuses his practice on false advertising litigation and complex consumer class actions in both federal and state courts. He also represents clients in advertising substantiation investigations and inquiries from the Federal Trade Commission (FTC) and state Attorneys General, and provides counseling on a variety of advertising and telemarketing-related matters.
Mr. Blynn has represented a wide range of clients including trade associations, Fortune 100 companies, a national fast-food chain, numerous dietary supplement companies, energy companies, home security companies, and a number of other large and small businesses in false advertising litigation brought under the FTC Act, Lanham Act, and state consumer protection laws. He also defends putative consumer class actions seeking certification of nationwide and statewide classes. Additionally, Mr. Blynn has significant experience with electronic discovery and has successfully argued in favor of narrowing of civil discovery and investigative demands from regulators.
Mr. Blynn also provides ongoing counsel regarding advertising substantiation; native advertising and "green" marketing issues; "Made in USA," "up to" and other types of claims; disclosures in new media; third-party consumer, celebrity and expert endorsements; compliance and related issues under the Telemarketing Sales Rule (TSR), Telephone Consumer Protection Act (TCPA), and state telemarketing laws; and telephone call monitoring and recording practices. In addition, Mr. Blynn has represented companies in Terminated Merchant File/MATCH list matters.
In addition, Mr. Blynn has served as a vice-chair of the American Bar Association's (ABA) Consumer Protection Committee since 2013, and served in the same capacity on the ABA's Advertising Disputes & Litigation Committee for several years before that. Mr. Blynn also served on the Editorial Board for the TCPA Law Reporter, which summarized recent articles, briefs, court decisions, and FCC petitions and rulings relating to the Telephone Consumer Protection Act.
Steve Freeland is a member of the firm's national Advertising and Marketing Practice. His practice focuses on solving complex litigation challenges that businesses face in the areas of advertising, consumer protection, telemarketing, intellectual property and antitrust in both business-to-business disputes as well as consumer class actions. He has represented major consumer product companies, retailers, telecommunications companies, fundraisers, companies in the automotive industry, pharmaceutical companies, service providers and trade associations and has appeared in both federal and state trial courts across the country as well as before the International Trade Commission. Mr. Freeland has also represented companies involved in antitrust and consumer protection investigations by the Federal Trade Commission as well as state attorneys general.
Mr. Freeland graduated, magna cum laude, from George Mason School of Law. He earned his undergraduate degree from Marymount University, summa cum laude.
I came into this webinar with very little knowledge of this area of law but wanted to learn some. I think they did a fantastic job for enabling one to "catch one quckly" with a broad overview, but they also provided enough details - esp in the helpful written materials - that I will come back to for further review. All in all a great job; I have a good knowledge of the basics and would not be afraid (or incompetent!) to learn more at their suggestion and engage in this area of practice. Thank you for a great webcast!
This is an excellent overview/issue-spotting piece for in-house counsel.
Very good. Particularly like Mr. Freeland's delivery.
Thank you again for having more than one speaker! I love that all of your presenters are willing to answer questions offline and so freely give their contact information.
Funny speakers, broke the usual monotony. Way to go!
These guys were knowledgeable, interesting, and hysterical. Best presenters I've seen you have.
Very engaging and even entertaining at times.
Nice job. A lot of information!
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