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Social Media Promotions and the Law

Considering using social media contests or giveaways to grow your business or that of your client? Are you aware that social media promotions must comply with state and federal laws? And that you may have problems with your giveaway? Why Legalities? One of the best ways to grow your business is to give stuff [...]

What is the CCPA and Why It Likely Applies to Your Business

The California Consumer Privacy Act, commonly referred to as the CCPA, was enacted in 2018 and became effective on January 1, 2020, though there is a six month grace period for enforcement which give companies that engage with California residents time to implement and work out best practices for these new requirements. This landmark [...]

By |2020-05-27T12:36:55-07:00January 20th, 2020|Blogging, Business Law, Privacy|3 Comments

How Free Speech and Social Media Fit Together

"I have the right to free speech!" You’ve heard it or have seen it posted… Someone saying they can say whatever they want, post whatever they want and no-one can do anything to them. As if the First Amendment is their sword and shield. And you can’t do anything about it. Freedom of speech. [...]

By |2020-09-05T09:38:20-07:00October 18th, 2016|Blogging, Business Law, Social Media|9 Comments

Legal Lesson From the Ruth’s Chris Ann Arbor Promotion Debacle

On Friday, October 7, 2016, the Ruth's Chris Steak House in Ann Arbor Michigan shared a promotion on its Facebook page regarding the Michigan vs. Rutgers game. The promotion stated that whatever the point difference in the final score of the game between Michigan and its opponent for the remainder of the season, the [...]

By |2020-05-14T12:51:56-07:00October 11th, 2016|Business Law, Giveaways, Trademark|5 Comments

Canada Rolls Out FTC-style Endorsement Guidelines Beginning 2017

While the United States Federal Trade Commission (FTC) has, over the past several years, slowly ramped up its enforcement of non-disclosure for paid (or otherwise compensated) endorsement by bloggers, influencers, and celebrities, their enforcement and oversight is limited to the US. And though social media and the web is global, other countries have not [...]

By |2022-09-01T09:42:04-07:00August 29th, 2016|Blogging, Business Law, FTC Disclosure, Social Media|3 Comments

Sweepstakes Law: What is Equal Dignity

Note: While much of this article is applicable outside of US laws, only US laws and regulations are addressed. While social media platforms have reduced the barriers of running a sweepstakes, contest, or 'giveaway', they've raised the bar on how much entrepreneurs, marketing professionals, social media strategists, agencies, and brands need to know when it [...]

By |2020-05-14T12:58:00-07:00August 3rd, 2016|Business Law, Giveaways, Social Media|29 Comments

FTC Native Advertising Rules and Guidelines In Plain English

Native advertising rules were released by the Federal Trade Commission as many businesses started to wind down in preparation for the Christmas holiday. Without fanfare, the FTC issued its newest enforcement policy. Clearly aimed at native advertising, the Enforcement Policy Statement on Deceptively Formatted Advertisement, and the associated business guide, were issued on December [...]

By |2020-09-05T09:41:42-07:00December 28th, 2015|Business Law, FTC Disclosure, Social Media|Comments Off on FTC Native Advertising Rules and Guidelines In Plain English

Legal Considerations of Cause Marketing

While many of us incorporate giving throughout the year, many businesses get in the giving spirit around holidays. It's awesome to visit clients who have donation boxes, angel trees, adopt-a-family boards, and other charitable programs for their employees to support. And who among us hasn't dropped donations in the red kettles as we're leaving [...]

By |2020-09-05T09:54:44-07:00December 1st, 2015|Business Law, FTC Disclosure, Giveaways, Social Media|1 Comment

6 Key Takeaways From 2015 Update to the FTC Endorsement Guides FAQs

For the first time since they were first written in 2009 (and made public in 2010), the Federal Trade Commission (FTC) has updated its "What People Are Asking" page, which is a Q&A-type resource relating to the FTC Endorsement Guides and related online disclosure rules. The update provides further clarification related to how and [...]

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