We invite you to participate in a webinar hosted by the Association of National Advertisers (ANA) along with Timothy J. Nagle and Christine Nielsen Czuprynski of Reed Smith’s Data Security, Privacy & Management Group, titled Navigating the TCPA Minefield, on Tuesday, January 14, 2014 at 1 p.m. EST. The session will provide participants a valuable update on the Telephone Consumer Protection Act and what marketers need to know when distributing text message promotions.

Among the topics that will be discussed are:

– The current state of the TCPA
– Recommendations for conducting compliant text messaging campaigns
– Best practices for avoiding class action scrutiny

This session is part of a new webinar series hosted by the ANA’s Government Relations group, focusing on current legal and regulatory issues affecting the marketing and advertising community. For additional information, visit the ANA Webinars page at http://www.ana.net/webinars/index.
Continue Reading ANA and Reed Smith Offering TCPA Webinar Next Week

In an effort to make administration of promotions on Facebook easier, the social media site released new rules permitting Facebook Page owners to host promotions and giveaways on their Page timelines. While hosting a promotion on a Page timeline is certainly more convenient and likely more cost effective for businesses from an administration standpoint, it does have disadvantages that businesses should keep in mind, such as the inability to require users to agree to Official Rules of the promotion and the inability to collect personal data about participants.
Continue Reading Facebook Relaxes Guidelines for Promotions

MISTAKE NO. 1. Taking Your Eye Off the Mark.

Too often, brand names and trademarks are misused in the quest for creativity.

Self Defense: In the end, it’s all in the name – the brand and trademark of the promoter. With the name and reputation of the promoter at stake, proper appreciation of the promoter’s trademarks is essential. To the suppliers, it’s mostly just money. To the promoter, it’s the franchise it has with the consumer. Without the brand, there is no promotion. Above all else, protect the brand, use it correctly, and have the promoter’s trademark counsel review all materials.

MISTAKE NO. 2. Succumbing to the Monty Hall Syndrome.

When it comes to hiring vendors,"Let’s make a deal" with the cheapest one is a costly approach, particularly with printers.

Self-Defense: Have written procedures and guidelines for the selection of vendors. Don’t always award jobs to the lowest bidder. Reputation and experience are the key elements to look for when selecting vendors, particularly printers, since they are a key player in a successful promotional execution. Whenever possible, go with vendors with whom you have a track record. Due diligence investigations of all suppliers is mandatory. Check references. If the supplier is new, get examples of prior jobs. Visit the plant to see if the equipment is sufficient. Inquire about the supplier’s other commitments and timetable to be certain your project is properly scheduled. Establish timetables and PANIC when they’re not met. Establish contingency plans if something goes awry. Get copies of certificates of insurance and, if necessary, get added as an additional insured. Have a representative present during the job or have access at any time during the contract period.Continue Reading The Top Ten Legal Mistakes in Promotion Design, Execution, Fulfillment and Contracts

There is a fine line between a lawful promotion and illegal gambling. Sweepstakes are legal, while private lotteries are not. Paying entry fees for a skill contest can be legal (depending on the circumstances), while placing bets is generally not. So it is with great interest that we follow gambling laws – of both the federal and state variety – throughout the country (and internationally as well).
Continue Reading Illegal Gambling and Legal Promotions: The Effect of the Recent Poker-Related Decision

Facebook revised its promotion rules for sweepstakes and contests on the premier social networking site. These revised terms went into effect May 11, 2011.

Communication About a Promotion Still OK

Although the revised promotion guidelines define “communication” broadly, they do not add any new restrictions in this regard. Thus, as it was before, one may

 Advertisers have been given the green light to continue to use the name of products they give away as prizes in promotions, without needing the permission of the brand/product owner, following a recent controversial adjudication by the ASA.

The ASA disagreed and found in favour of Bodyform in all respects. Clauses 7.1 (Truthfulness),14.7 (Testimonials and