November 10, 2016

Lead generation in the FTC's crosshairs, water-drinking contest could sink the promoter, and more in this issue of Advertising Law News & Analysis

3 min


Lead Generation in the Crosshairs

By: Leonard L. Gordon and Maria Sinatra

When the Federal Trade Commission (FTC) investigates a case, it looks at it from the first contact the consumer has with a product or service through the end of the consumer experience. For many consumers, that first contact comes via a "lead generator." In September, the FTC released its staff perspective paper on lead generation, and the Commission's recent request that the DOJ file a complaint against a collection of lead generators demonstrates…


*Maria Sinatra is a Law Clerk and is not yet admitted to practice law.

Water Drinking Contest May Sink the Promoter

By: Melissa Landau Steinman, Ian D. Volner, and Renato Perez

Almost a decade ago, a water-drinking contest held by an Entercom radio station in Sacramento resulted in the death of a contestant. Last week, the Federal Communications Commission issued a Hearing Designation Order to determine whether the license held by Entercom – one of the largest station owners in the country – should not be renewed based on new information about how it conducted the "Hold Your Wee for a Wii" contest.

The designation order is another indication that the FCC has decided to be considerably more active in enforcing what it perceives to be consumer protection standards, and illustrates the many ways promotions that involve risky behavior can…


*Renato Perez is a Law Clerk and is not yet admitted to practice law.

White House Seeks to Limit Non-Compete Use

By: Thomas E. Wallerstein

Earlier this year, the White House and the Department of Treasury issued reports criticizing the widespread use of non-compete agreements, finding such agreements affect nearly one in five U.S. workers – almost 30 million people. In late October, the White House expanded its efforts, issuing a Call to Action for states to reform and limit non-compete agreements, if not ban them more generally, as some states have done. The White House proclaimed that "non-compete agreements should be…"


What's in Your Tool Kit?

Disclaimers are as fundamental to advertising as calls to action. However, in today's regulatory environment the practice of explaining an offer's terms, conditions, and exclusions receives tremendous scrutiny. Venable's Amy Ralph Mudge and Randal M. Shaheen share a quick checklist in the firm's Advertising Law Tool Kit that helps marketers spot issues and avoid trouble.

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December 2-5, 2016 | Aspen, CO

Venable is a proud sponsor of the first ADSUM Advertiser Summit in Aspen, Colorado. ADSUM is a conference dedicated to unifying advertisers and focused on issues unique to online merchants and retailers. Join Venable attorneys Ari N. Rothman and Shahin O. Rothermel, who will present and moderate a panel discussion on "Regulatory Activities, Compliance Best Practices, Offline vs. Online Lessons" on Saturday, December 3.

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