Advertising & Trade Regulation
We advise clients on key consumer protection law issues. Three Plave Koch lawyers are alumni of the consumer protection division of the Federal Trade Commission. One was the original Franchise Rule Coordinator, one was a senior Enforcement Division attorney, and the third was an Attorney-Advisor to the Chairman of the agency. Their combined experience in FTC regulation of advertising claims and other specialized trade regulation rules is a value-added opportunity for Plave Koch clients.
Our services include:
Advertising and promotions. We review consumer advertising and franchise marketing against FTC standards for express and implied claims and substantiation requirements. We are knowledgeable on special rules for particular advertising practices, such as CAN-SPAM limitations on commercial email and the FTC’s guides for the use of endorsements and testimonials. We analyze application of FTC standards to consumer-generated content on blogs, social media, and emerging media. We are monitoring the policy debate over whether to regulate behavioral advertising (serving ads based on tracking of user behavior).
Sweepstakes, contests and gift cards. We help clients structure sweepstakes promotions to avoid creating illegal lotteries and to comply with state procedures. We advise on the ramifications of gift cards and other stored value cards and gift certificates.
Nutritional disclosures and menu labeling. Our representation of restaurant and foodservice companies requires us to stay abreast of FDA, state and local requirements for nutritional disclosures.
Privacy. We monitor FTC and state privacy developments, including government enforcement actions based on inadequate security measures, private litigation arising from security breaches, non-compliance with Do Not Call rules, and the U.S. Commerce Department “Safe Harbor” program for data transfers from the European Union.
Fair Credit Reporting Act. We have experience with the detailed FCRA obligations for consumer reporting agencies, information furnishers, and users of consumer reports.
Consumer product warranties and customer contracts. We help clients draft model customer contracts for their franchisees to use. We’ve also written warranties to comply with the federal law on consumer product warranties.