News & Analysis as of

Disclosure Requirements Contests & Promotions

Venable LLP

Tennessee and Utah Amend Charitable Solicitation Laws: New Filing, Disclosure, and Other Obligations Affect Fundraising Compliance...

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Tennessee and Utah have revised the scope of their charitable fundraising laws. These changes will affect how and what nonprofit organizations registered to solicit in those states must disclose to state charity regulators....more

Moritt Hock & Hamroff LLP

Publishers Clearing House: A Cautionary Tale on the Risks of ‘Dark Patterns’ Marketing

Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more

Venable LLP

Syncing Marketing and Legal: Compliance Considerations for Cause-Related Marketing

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​​​​​​​Doing good doesn’t get old. But marketing leaders know that effective promotion of a company’s charitable giving requires a subtle combination of bedrock advertising principles with a few twists. It’s often here that...more

Verrill

Charitable Promotions, Commercial Co-Ventures, Donors Choose, Round-Up, and Peer-To-Peer Solicitations

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It’s not often that you get BIG news in Charitable Promotions Law. But last year, California passed a comprehensive law that goes into effect on January 1, 2023. ...more

Venable LLP

Compliance Deadline Approaching: Amendments to California's Autorenewal Law Take Effect in July

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On July 1, new requirements under California's automatic renewal will take effect. As we previously blogged, the amendments will require businesses to make it even easier for consumers to cancel and impose new requirements on...more

Pierce Atwood LLP

Ten Common Mistakes When Conducting Sweepstakes or Contest Promotions on Social Media

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Many companies will be running sweepstakes and contests during the holidays and promoting them on Facebook, Instagram, and other social media platforms. If your company is planning a holiday promotion using social media, you...more

Sheppard Mullin Richter & Hampton LLP

Sweepstakes or Giveaway? Make Sure Your Advertising Is Clear!

Enter for a chance to win! Advertising lawyers are forever reminding their clients to be clear that when a promotion is a sweepstakes, messaging needs to be clear that it is a random drawing and not a giveaway. Recently,...more

Verrill

Things That Make You Go Hmmmm - Commercial Co-Ventures and Sweepstakes Promotions

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Remember that song in the ‘90s from the C+C Music Factory called “Things That Make You Go Hmmm….” I guess I did when I came across some recent promotions. Perhaps these practice tips will stay with you longer than C+C’s 15...more

Verrill

You May Be A Loser (Does the Recent Publishers Clearing House Class Action Lawsuit Portend Changes in Sweepstakes Law?)

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On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning...more

Fox Rothschild LLP

“Enter to Win!” Rules For Advertising Product Giveaways And Sweepstakes

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When done correctly, sweepstakes and prize contests can be an effective tool for building brand awareness and gaining customers. However, businesses that fail to abide by applicable statutes and regulations when using these...more

Dorsey & Whitney LLP

Did You Catch that Hashtag at the Super Bowl?

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Early in the game on Sunday night, Esurance ran a commercial announcing that it was giving away more than $1 million through a sweepstakes on Twitter. You may remember that Esurance made a splash with a Twitter-based...more

Buchalter

New FTC Guidelines for Promoting Products on Social Media

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Social media can be used in a multitude of ways for savvy brands to promote their products. They can loan out a new phone, provide free access to an app, provide free products, etc., in exchange for publicity on social media....more

McDermott Will & Emery

FCC Updates Contest Rule to Provide Flexibility to Meet Disclosure Requirements

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Radio and television stations, as well as their audiences, have reason to celebrate. Last week, the Federal Communications Commission (FCC) announced significant updates to its regulations regarding the disclosure of material...more

Kelley Drye & Warren LLP

Wait, What Did They Just Say? FCC Provides More Flexibility to Broadcasters for Disclosure Requirements in its Contest Rule

On September 17, 2015, the FCC released a Report and Order with a long-awaited update to the Contest Rule that gives broadcasters substantially more flexibility as to the medium they choose to announce rules for contests (a...more

Womble Bond Dickinson

FCC Adopts On-Line Contest Rules

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The FCC has updated its contest rules to enable broadcasters to post material terms on-line rather than requiring disclosure through over-the-air announcements. Licensees still retain the option to disclose material...more

Kelley Drye & Warren LLP

Q: What’s Different About the FTC’s New Endorsement Q&As? A: Lots.

The FTC recently released a new version of its Q&As on the Endorsement Guides. The old Q&As, released in 2010, were about seven pages long. The new ones just about double that. The revisions and additions reflect many of the...more

Dorsey & Whitney LLP

Updated FTC Guidance on Endorsements and Testimonials in Social Media Advertising – Does Your Advertising Pass Muster?

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In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content....more

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