Olshan’s Advertising, Marketing & Promotions Group is a leader in direct marketing compliance, helping clients build their brands, ROI and reputations with savvy direct marketing advice, transactional guidance and compliance strategies.
Whether through digital or traditional marketing vehicles, when a brand initiates lead generation or communicates directly with existing and potential customers to promote or sell its products and services, a host of privacy and data collection, claims substantiation, intellectual property and compliance hurdles must be scaled. Experienced in all direct marketing channels, Olshan helps clients make certain their advertising claims are substantiated and all privacy, IP and compliance requirements are fully addressed before the first word of a campaign goes public.
Privacy, Data & Security
State-to-state, national, international and inter-jurisdiction laws governing privacy and data collection are complex and, at times, may differ regarding direct marketing campaigns, materials, contractor rights and responsibilities, sweepstakes and contests. Despite the lack of overarching federal law, companies that collect, store or use customer data must stay informed and comply with current regulations. Equally important is maintaining goodwill and customer trust that their personal information is secure.
Olshan works with clients ranging from entrepreneurs to Fortune 500 companies to ensure materials and campaigns are properly structured and able to withstand the scrutiny of regulatory bodies, state attorneys general and consumers. We craft bespoke privacy policies and practices that ensure compliance at all levels, including lead generation, consumer targeting, email marketing activities, cross-border transactions, influencer and SaaS agreements, and data breach prevention, response and remediation. We are well versed in the expansion of state privacy laws affecting brands and advertising. Certified as an Information Privacy Professional for Europe (CIPP/E) by the International Association of Privacy Professionals, one of our practice’s co-chairs is a sought-after authority on data privacy laws, compliance with consumer privacy laws and related issues.
Telemarketing
We represent contracted owners and call centers engaged in telemarketing and text message campaigns. This includes guaranteeing that Do Not Call (DNC) protocols are in place, telemarketing staff are adequately trained in DNC requirements and call campaign data structures are maintained, as well as determining if DNC registry exemptions may apply. We are adept in FTC, FCC and other compliance requirements, as well as in text messaging and ADAD/autodialer matters. Our lawyers also conduct due diligence and represent suppliers of telemarketing companies, including list brokers and managers, automated clearing houses, fulfillment facilities, payment processors, printing companies and other industry suppliers in establishing best practices and defending regulatory inquiries, investigations and litigation.
E-Commerce
Olshan provides pragmatic, cost-effective advice and solutions to agencies, content creators, affiliates, advertisers, suppliers and entrepreneurs, helping them establish best-practice guidelines that keep them ahead of e-commerce marketing issues. From conducting analyses of web agreements, terms and conditions, consent language, data collection practices, privacy policies and third-party billing to product claims substantiation, digital materials clearance, social media issues, regulatory compliance and dispute resolution, we understand the risks and rewards and what it takes to achieve success.
Intellectual Property
Our Brand Management & Protection Group counsels clients on avoiding digital and content IP pitfalls in their direct marketing efforts. We advise on IP portfolios and help structure and negotiate deals on all IP components of direct marketing materials and campaigns, as well as work with celebrities, social media influencers and high-profile individuals through endorsements, sponsorships and licensing opportunities, including publicity rights, name and image use in marketing, and more.
Regulatory and TCPA Issues
The activities of direct marketers, including the creation and distribution of direct mail, telemarketing, infomercials, banner ads, pay-per-click ads, email marketing, and package and magazine inserts are all subject to regulatory agency oversight. Clients rely on our seasoned, experienced approach in representing them in investigations, enforcement actions and litigation brought by agencies, including the Department of Justice, FTC, FCC, U.S. Postal Service, state attorneys general, district attorneys and other governmental authorities.
Our Advertising, Marketing & Promotions Group has substantial experience advising and defending clients in Telephone Consumer Protection Act (TCPA) and CAN-SPAM matters under federal law and their state equivalents. We have successfully defended our clients in lawsuits that resulted from the actions of marketing firms, affiliates, lead generators, rogue marketers and other third parties. We also defend clients in investigations relating to matters involving TCPA subject matter, such as broadcasted messages, autodialed calls (robocalls) and pre-recorded voice calls or mass text messages.
Subscription Automatic Renewal Marketing
Direct marketers increasingly rely on automatic renewal/continuity programs to generate long-term customer orders. Olshan stays on top of the ever-evolving regulatory requirements and assists in compliance by reviewing enrollment and cancellation paths and order acknowledgments. We have defended actions brought by the California Automatic Renewal Task Force (CART) and other federal and state regulatory agencies.
Dispute Resolution
Olshan’s litigation capabilities and advertising and marketing strengths make our firm a premier choice for cybersecurity-related litigation and dispute resolution matters. The practice handles a wide range of issues, including competitor, contractual and payment disputes, consumer satisfaction matters, technology disputes, affiliate and supplier issues, class action, white collar and regulatory defense. We bring unrivaled excellence in resolving matters in state and federal courts, at trial and on appeal, before regulatory bodies and in alternative dispute resolution (ADR) forums.
- Advising Fortune 100 companies in connection with their outbound communication and subscription and continuity marketing campaigns.
- Successfully defended a publisher’s online cancellation path before the NAD.
- Providing ongoing legal advice to leading e-commerce marketers in connection with outbound communications and lead-generation efforts, including call center, SMS marketing, e-mail, and direct mail marketing and customer service communications.
- Defending leading direct marketing companies in connection with automatic renewal investigations and compliance practices.
- Developing call center compliance protocols and negotiating call center lead-generation agreements.
- Serving as outside compliance counsel to several direct marketing suppliers, including developing compliance protocols and advising on advertising clearance.
- Defending “do not call” regulatory investigations and enforcement actions.
