Advertising & Marketing
In a competitive marketplace, you need effective marketing and advertising to build your brand, but how do you know when you’ve crossed the line from a persuasive campaign to one that’s deemed deceptive? With the FTC and state attorneys general continuing to step up oversight and enforcement activity, at times working together, just a single claim of deceptive and unfair marketing practices can have enormous consequences for your business.
We work proactively with clients to assess risk in their advertising and marketing campaigns, catching potential missteps before they reach the customer, or worse, a regulator. As former consumer protection regulators ourselves, our legal team knows precisely what to look for and can identify issues that only a trained “former regulator eye” will spot.
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From entrepreneurial startups to Fortune 50 companies, our clients operate in highly regulated industries including financial services, healthcare, automotive, home services, direct-to-consumer marketing, charitable contributions, and more. We work with manufacturers and service providers, advertising agencies, direct marketing and promotion firms, lead generators, and teleservice companies.
We also understand – perhaps better than most – the importance of maintaining positive working relationships with the agencies that regulate our clients. We interact daily with federal and state agencies on behalf of our clients, representing their interests and providing regulatory feedback. We closely monitor enforcement activity and analyze trends to inform our clients’ campaigns, arming them for success against an evolving regulatory landscape that varies state by state.
Our clients turn to us for a full range of legal services that cover all facets of Advertising & Marketing compliance and litigation, including the following:
Compliance Analysis of Advertising & Marketing Materials
We review content for advertising and marketing collateral across all media, including but not limited to advertising campaigns, sales scripts, websites, social media, sweepstakes, warranties, and disclosures.
Claim Substantiation
We review product and service claims to provide the strongest competitive positioning while maximizing defendability against legal or regulatory challenges.
Consumer Complaint Response
We advise clients in all aspects of consumer complaint handling to minimize the possibility of a governmental investigation or lawsuit.
Defense of Class Action & Individual Lawsuits
We defend class action and individual lawsuits involving UDAP and other consumer protection laws, achieving optimal outcomes for clients that include case dismissals, investigation closures with no action, and favorable pre-litigation settlements.
State & Federal Investigations
We manage responses and resolve investigations brought by the FTC, FCC, and state attorneys general.
Due Diligence & Third-Party Agreements
We evaluate and mitigate the regulatory compliance risks presented by vendor and other third-party partnerships.
Regulatory Advocacy
We advocate for clients’ interests in matters involving the FTC, FCC, CFPB, and other federal and state regulators. This includes filing administrative petitions or comments on behalf of our clients and meeting with regulatory agencies.
