Venable LLP sponsored the 2019 ANA/BAA Marketing Law Conference held recently in San Diego. FTC Commissioner Noah Joshua Phillips provided the keynote speech. Among the topics of discussion were influencer marketing, with a focus on how influencers are being perceived and regulated differently around the world, and the common pitfalls to avoid when a U.S.-based company expands its advertising to run outside the U.S. Presentations and discussions spanned the world of data privacy and preparing for data breaches, strategies for performing diligence on vendors, and advice on conducting an incident response if a vendor becomes compromised. Attendees also heard updates on loyalty programs, subscription services and the legal framework around billing and payments in direct-to-consumer sales, and the impact of the new California Consumer Privacy Act regulations.
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Meet Our ANA/BAA Team
Hear from Us at the Conference
Cross Device Linking and the IOT
Monday, Nov. 4 | 2:55 – 3:45 p.m.
Michael Signorelli, Partner
Privacy For America: A Bold New Paradigm for a National Law
Monday, Nov 4 | 6:05 – 6:55 p.m.
Michael Signorelli, Partner
This session discussed the changing expectations of consumers, businesses, and policymakers around data collection and use. Current legislation poses different risks for consumers, businesses, and the economy. We discussed the U.S. regulatory environment for data privacy and Privacy for America's bold new paradigm for a national law that would make personal data less vulnerable to breach or misuse and set forth clear, enforceable, and nationwide consumer privacy protections for the first time.
Selling Directly to Consumers: Navigating the Complexities of Accepting Payments
Tuesday, Nov. 5
Ellen Berge, Partner
As consumers now buy everything from shoes to groceries online, it is no surprise that future retail growth will come from more brands engaging in mobile and electronic commerce. This session provided the tools to construct a legal framework around billing and payments in direct-to-consumer sales. Panelists broke down all the complexities of taking payments – often uncharted territory for many legal departments. We covered contracting for merchant processing accounts, complying with the rules of major card brands, subscription billing, chargeback risk, data security obligations, privacy concerns, tax considerations, surcharging, third-party vendor relationships, and major pitfalls to avoid.
Loyalty Programs
Tuesday, Nov. 5 | 4:25 – 5:15 p.m.
Melissa Landau Steinman, Partner
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