Brands often use giveaways as a marketing tool to create buzz among the consuming public. When done correctly, businesses can see an increase in revenue and consumer loyalty through giveaways. However, when a giveaway campaign is poorly structured, brands can suffer reputational harm and may be subject to regulatory action and/or civil litigation.
Your Giveaway May Violate Applicable Sweepstakes Laws Read More »
As reported previously on this blog, Utah was poised to become the fourth state to pass a comprehensive consumer privacy law, joining California, Colorado, and Virginia. The Governor of Utah has since signed the bill into law, with an effective date of December 31, 2023. Complying with the Utah Consumer Privacy Act (“UCPA”) should be
UPDATE: Governor Signs Utah Consumer Privacy Act Read More »
On March 24, the United States Attorney for the Southern District of New York (“NY”) issued a press release revealing that two people had been charged in connection with an alleged “Frosties” non-fungible token (“NFT”) scheme. Ethan Nguyen and Andre Llacuna, the individuals that launched the Frosties utility NFT collection, (herein, the “Defendants”) were arrested
NFT Minters Arrested in Alleged Frosties Utility NFT Scheme Read More »
While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise is not a risk-free proposition. The Telephone Consumer Protection Act (“TCPA”) restricts the ability to send marketing faxes, in part, by requiring prior consent from the recipient. What happens if
TCPA Fax Exception: Saving Your Business From Liability Read More »
The multi-year court battle over the legality of fantasy sports in New York (“NY”) has finally ended. On March 22, 2022, the NY Court of Appeals (“COA”) released its decision in the case entitled White v. Cuomo, finding that fantasy sports contests are legal under the State’s constitution. The COA (the highest court in NY)
Get Ready to Play: Court of Appeals Upholds NY Fantasy Sports Law Read More »
On March 16, 2022, Meta Platforms, Inc. (previously known as “Facebook”) filed a lawsuit in the Northern District of California against Chad Taylor Cowan (the owner of Customer Feedback Score Solutions) for allegedly providing fake Facebook engagement services. This case is part of Facebook’s ongoing efforts to remove and deter fake engagement and advertising from
Facebook Marketing Company Sued by Meta for Fake Reviews Read More »
Sweepstakes are valuable marketing tools that businesses use to promote their products and services across all forms of media. If businesses are interested in running legal sweepstakes promotions, they must be aware of the importance of sweepstakes contest rules. Prior to the commencement of sweepstakes contests, their parameters (e.g., duration and prize amounts) must be
Why Sweepstakes Contest Rules Matter Read More »
Utah is poised to become the fourth state to pass a comprehensive consumer privacy law, joining California, Colorado, and Virginia. The Utah Consumer Privacy Act (“UCPA”) is similar to the Colorado and Virginia privacy laws, but, perhaps, a bit less burdensome for businesses. If signed by the Governor, the UCPA would go into effect on