areas of expertise
Terri J. Seligman is the co-chair of the Advertising, Marketing & Public Relations Group at Frankfurt Kurnit. Ms. Seligman is a leader in the advertising law community.
Recognized as one of the “Top 50 Women” lawyers in New York by Super Lawyers magazine, Ms. Seligman also regularly receives high marks in Chambers USA America’s Leading Lawyers for Business, Best Lawyers and is a “Leading Lawyer” in The Legal 500.She was also the only law firm partner selected by New York Business Journal in 2014 for its inaugural “Women of Influence Awards,” honoring business women who stand out both for their achievements in the marketplace as well as their commitment to community and mentoring.
Ms. Seligman is one of the country’s preeminent practitioners before the National Advertising Division (NAD), representing both advertisers and challengers in competitive advertising disputes. She also represents companies in disputes and regulatory matters before broadcast networks and state and local enforcement agencies.
In addition, Ms. Seligman advises on the full complement of advertising and marketing law issues, including claims and substantiation, native advertising, social media, mobile marketing and laws governing intellectual property and rights of publicity and privacy. She also regularly advises on sweepstakes and contests, and laws governing gift cards, reward programs, rebates, and other popular marketing devices.
In addition to her counseling practice, Ms. Seligman also drafts and negotiates contracts for advertising and marketing arrangements, including celebrity talent deals, sponsorship and co-promotion agreements, media agreements, and licensing agreements.
Ms. Seligman is a well-known public speaker on advertising, marketing, and Internet law issues. She has been a featured speaker at BAA, NAD, ANA, MLRC and other national conferences. Her writings have appeared in Inside Counsel magazine, Advertising Compliance Service, iMedia Connection, The Computer and Internet Lawyer, and other publications. She has served as a Vice-Chair of the Advertising Disputes and Litigation Committee of the Antitrust Section of the American Bar Association (ABA) and is currently a Co-Chair of the Advertising and Commercial Speech committee of the MLRC.
Ms. Seligman is a graduate of New York University School of Law (JD, 1985), and Wesleyan University (BA, with honors, 1982). She clerked for the late Hon. Morey L. Sear, former Chief Judge of the United States District Court for the Eastern District of Louisiana. Ms. Seligman is on the Board of Trustees of The Brearley School and is also a Fellow of the American Bar Foundation. She is a past recipient of the Cornerstone Award from Lawyers Alliance for New York, the leading provider of legal services for nonprofit organizations improving the quality of life in New York City neighborhoods. Ms. Seligman is admitted to practice in New York and California.
awards & recognition
Top 50 Women Lawyers in NY by Super Lawyers magazine
"Leading Lawyer" in The Legal 500 in Media, Technology & Telecom: Marketing & Advertising
Chambers USA America's Leading Lawyers for Business in Advertising
Women of Influence Awards by the New York Business Journal
Best Lawyers in Advertising Law
Weslyan University (BA, honors, 1982)
New York University School of Law (JD, 1985)
Upcoming Speaking Engagements
Past Speaking Engagements
Working Within the Shades of Gray: Frankfurt Kurnit’s Second Annual Advertising Law Summit
Legal questions confronting in house marketing lawyers rarely elicit simple "yes" or "no" answers. (If only they did!) More often than not — to the consternation of clients working on tight deadlines — the answer is "maybe" or "it depends" or "there's a risk." How do you help your marketing clients evaluate the risks and weigh them against potential rewards?
June 8 2017
ANA Law and Public Policy Conference
Terri Seligman and Tanya Forsheit present "Marketing in Augmented Reality: Pokémon Go and Treasure Hunts in The Digital Age" and Rick Kurnit participates once again on the "Tweeting With Words" panel at the 2017 ANA Advertising Law & Public Policy Conference.
March 28 2017
Applied Marketing Science: Designing Consumer Perception Surveys in False Advertising Cases
Terri Seligman speaks for Applied Marketing Science on "Designing Consumer Perception Surveys in False Advertising Cases: Common Issues and Considerations." For more information and to register please click here.
March 2 2017
Public Relations Society of America (PRSA) International Conference
Terri Seligman presents "The Game-Changing Rules on Native Advertising” for the PRSA International Conference in Indianapolis.
October 24 2016
5th Annual Summit on Digital Advertising Compliance: Social Media, Sweepstakes & Promotions
Terri Seligman speaks on "Going Viral: Mitigating the Impact of Negative Reviews While Managing PR Crises" at the 5th Annual Summit on Digital Advertising Compliance: Social Media, Sweepstakes & Promotions.
October 18 2016
5th Annual Summit on Digital Advertising Compliance: Social Media, Sweepstakes & Promotions
Terri Seligman speaks on native advertising at the ACI Digital Advertising Compliance Conference for the American Conference Institute.
October 17 2016
Frankfurt Kurnit at NAD Conference
Terri J. Seligman attends the NAD Conference in New York. The firm sponsors.
September 26 2016
Change is Good (But Only If You Know About It) - What’s Ahead for Advertising Lawyers in 2016
Advertising law is changing all the time. There are changes from regulators, self-regulators and unions. Changes from social platforms and review sites. Changes from privacy and data security czars. Changes from courts and bar committees. To clear your campaigns with confidence, you need to stay ahead of the changes.
June 8 2016
Advertising in the Age of Social Media: Risks, Rewards and Staying Relevant
Social and digital marketing practices and tactics evolve at warp speed. If you have ever felt frustrated by the law's failure to keep pace ... then this is the seminar for you.
April 19 2016
PLI’s 2016 “Social Media” conference
Terri Seligman speaks at PLI’s 2016 Social Media Conference on “Hot Issues in Social Media Advertising.”
February 24 2016
Terri Seligman speaks at MediaPost's The Reckoning conference in Washington DC on "Fooling the Natives: Are Content Marketing and Native Advertising Squandering User Trust In Media?".
January 19 2016
Terri Seligman Representing Frankfurt Kurnit at Best Law Firms for Women Event
Terri Seligman represents Frankfurt Kurnit at Law & Reorder's event, "Best Law Firms for Women: 2015 Findings, Trends & Best Practices" on Monday, November 2nd at DLA Piper's New York offices.
November 2 2015
Women Leaders in Advertising and Marketing Law
Terri Seligman speaks at the American Conference Institute’s "Women Leaders in Advertising & Marketing Law." An event promoting diversity and increasing the prominence of women in the advertising legal community.
October 22 2015
Women Leaders in Advertising and Marketing Law
October 22 2015
Terri Seligman at the NAD and CARU Annual Conference 2015
Terri Seligman speaks at "The Absolute Best Puffery Panel Ever!" as part of the NAD and CARU Annual Conference 2015 at the The Ritz-Carlton New York in Battery Park. This conference takes place from 9/28-9/30.
September 28 2015
Cause Marketing Forum
Terri Seligman speaks on "Legal Compliance for Cause Marketing Campaigns" at the Cause Marketing Forum in Chicago.
May 28 2015
63rd Antitrust Spring Meeting
April 15 2015
Social Media 2015: Addressing Corporate Risks
Terri Seligman participates in Social Media 2015: Addressing Corporate Risks, a seminar sponsored by the Practicing Law Institute, at the PLI New York Conference Center.
February 25 2015
Native Advertising - What You Need to Know and What We are Doing About It!
Terri Seligman presents "Native Advertising - What You Need to know and What We are Doing About It!" at the 2014 Word of Mouth Marketing Association Summit in Hollywood.
November 18 2014
2014 MLRC/NAA/NAB Media Law Conference
Melissa Georges and Terri Seligman participate, respectively, on panels about "Publication Torts" and "Advertising & Commercial Speech: Native Advertising" at the 2014 MLRC/NAA/NAB Media Law Conference in Reston VA. Edward Rosenthal, and Toby Butterfield also attend. Frankfurt Kurnit sponsors the event.
September 17 2014
Social Media Week: Advertising and Legal Issues
Terri Seligman moderates the "Advertising & Legal Issues in Social Media: How to Get It Right" panel at Social Media Week, on Thursday February 20th.
February 20 2014
Social Media Week: Rules of the Road
S. Gregory Boyd, Terri Seligman, and Edward Rosenthal lead a Social Media Week panel entitled "Rules of the Road - Four Areas of Law Every Social Media Marketer Should Know." The panel also includes Ellie Boragine, JetBlue Airways Corporation, Jake Feldman, Johnson & Johnson, and Seth Rogin, Mashable.
February 18 2014
New Jersey Intellectual Property Law Association
Terri Seligman speaks at the New Jersey Intellectual Property Law Association's Branding and Social Media CLE in New Brunswick, NJ.
February 6 2014
Gotham Media 2014 Digital Forecast at Frankfurt Kurnit
December 5 2013
The Racing Attorney Conference
Terri Seligman speaks at the Racing Attorney Conference in Indianapolis.
April 9 2013
ANA Advertising Law & Public Policy Conference
March 19 2013
34th Annual PMA Marketing Law Conference
Rick Kurnit, Jeffrey Greenbaum, Terri Seligman and Christopher Chase speak at the the Promotional Marketing Association's Marketing Law Conference: "Ahead of the Curve: Converging Platforms & Diverging Laws" in Chicago. Frankfurt Kurnit sponsors the event.
November 13 2012
Advertising Law Institute in Chicago
September 24 2012
Ignorance Is Bliss: Social Media Compliance for Word of Mouth
Terri Seligman presents "Ignorance Is Bliss: Social Media Compliance for Word of Mouth" at the Word Of Mouth Marketing Association Conference in Chicago.
May 7 2012
Rutgers Center for Management Development
Terri Seligman speaks on Social Media law at the Rutgers Center for Management Development.
April 25 2012
Online Promotions with Law Seminars International
Terri Seligman presents a one-hour telebriefing CLE on online promotions with Law Seminars International
October 25 2011
Facebook and Twitter and Blogs, Oh, My! – Navigating Issues in Social Media
Terri Seligman presents "Facebook and Twitter and Blogs, Oh, My! – Navigating Issues in Social Media" at the 2011 NAD Conference at the Ritz Carlton in New York City.
October 4 2011
Terri Seligman presents a CLE on promotions law at Frankfurt Kurnit.
September 20 2011
Content & Commerce, Group Commerce, and other eCommerce Issues
Terri Seligman moderates a Gotham Media Breakfast panel on "Content & Commerce, Group Commerce, and other eCommerce Issues" at Frankfurt Kurnit. The panel includes executives from Thrillist, Gilt Taste, Plum Willow, and Fast Company Magazine.
July 12 2011
American Conference Institute’s Litigation & Resolving Advertising Disputes Conference
Terri Seligman presents "War Stories and Survival Lessons: Learning from Advertising that has been the Focus of Recent Adversarial Proceedings" at the American Conference Institute's Litigation & Resolving Advertising Disputes Conference.
June 22 2011
Cause-Related Marketing and Corporate Sponsorship
March 18 2011
Social Media Compliance for Businesses
February 15 2011
Structuring Sweepstakes & Contests in a Digital Age
Terri Seligman speaks on "Structuring Sweepstakes & Contests in a Digital Age" at the New York City Bar's Sweepstakes, Promotions & Marketing Laws: Comprehension & Compliance Program in New York City.
February 11 2011
The Winning Strategy for False Advertising Cases: NAD or Federal Courts, or Both?
Terri Seligman presents" The Winning Strategy for False Advertising Cases: NAD or Federal Courts, or Both?" at the ABA's Consumer Protection Conference in Washington, DC.
February 3 2011
news & press
End of an Era at NAD?
Last week Frankfurt Kurnit's Advertising Group proudly hosted "A Twenty-Year NAD Retrospective: The Levine Legacy," an ABA program honoring Andrea Levine, on the occasion of her retirement as Director of NAD. With NAD transitioning to new (as yet unnamed) leadership, we thought it would be a good time to review some of the best practices that guide NAD practitioners every day.
Nutrisystem: A Close Look at Nutrisystem’s Online Auto-Delivery Feature
The Capitol Forum quoted Terri Seligman on whether Nutrisystem’s diet plan marketing — specifically, its negative option offer — violates the Restore Online Shopper’s Confidence Act (ROSCA).
A Big Phone Bill: Dish Network Telemarketing Violation Verdicts Total Approximately $341 Million
In a cautionary tale for marketers, two courts recently found satellite TV provider Dish Network ("Dish") liable for repeated and willful violations of federal and state telemarketing laws.
Frankfurt Kurnit in The Legal 500 2017
The Legal 500, a London-based directory of leading lawyers, listed Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) in Tier 1 in its 2017 edition
Frankfurt Kurnit in Chambers 2017
For the thirteenth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Chambers USA ranked us for our: Advertising: Transactional & Regulatory, Intellectual Property: Trade Mark & Copyright, Media & Entertainment: Entertainment Litigation, and Media & Entertainment: Film, Music, Television & Theater work.
FTC “Influencer” Letters Shed More Light on “Clear and Conspicuous”
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media.
It’s Blowing Up: Lessons from Two Recent Social Media Promotions
Last week, the apparel company Sunny Co Clothing launched an Instagram promotion promising to give away the red swimsuit below for free (except for shipping and handling costs) to each person who reposted the photo and tagged the company. Unfortunately, the company failed to cap the number of participants or make clear this was a "limited supply" offer, instead promising the free suit to "EVERYONE" who complied with the giveaway terms.
Honesty is Not the Same as Full Disclosure: the FTC’s Recent Letters to Influencers
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media.
The Truth Will Set You Free: The FTC Provides New Guidance on Consumer Reviews
Late last year, Congress passed the Consumer Review Protection Act, a law designed to stop businesses from using contracts to prevent customers from posting honest reviews about the business.
FTC Hits Targeting Platform Turn Inc. for Deceptive Online Tracking
On Tuesday, December 20, the FTC announced a settlement with digital marketing platform Turn Inc. over claims that the company deceptively tracked users across the Internet for advertising purposes.
FTC Finds “All Natural” Claim Violated FTC Act
The FTC has issued a Final Order against California Naturel, Inc., a seller and marketer of personal care products, finding that the company's "all natural" claims were false and misleading in violation of the FTC Act.
FTC Policy Statement Focuses on Homeopathic Health Claims
Last week, the Federal Trade Commission issued its new "Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs," as well as a staff report on a workshop that the Commission held last year on OTC homeopathic drug advertising.
Compliance Focus: FTC Begins Study of Consumer Disclosures
How effective are your consumer disclosures? A recent FTC workshop suggests it's a good time to ask. Here's a summary of what happened.
Thirty-nine Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-nine Frankfurt Kurnit attorneys in its 2016 edition.
New Case Sheds Light on Reward Program Pitfalls
Doing a reward program? Be very clear about the rules.
The Best Lawyers in America 2017
In its 2017 edition, Best Lawyers "Best Law Firms" ranked Frankfurt Kurnit nationally in "Tier 1" in Advertising, Copyright, Entertainment - Motion Pictures and Television, and Trademark Law, "Tier 2" in Litigation - Intellectual Property, Media Law, and Trusts & Estates Law, and "Tier 3" in Commercial Litigation and Regulatory Enforcement Litigation.
Legalizing Fantasy Sports in New York: An Interesting Precedent for Advertisers?
While millions of fantasy sports aficionados pumped their fists on the news that New York State had legalized Interactive Fantasy Sports ("IFS"), a quieter debate began taking place in marketing and advertising circles.
Frankfurt Kurnit in The Legal 500 2016
The Legal 500, a London-based directory of leading lawyers, listed Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) in Tier 1 and Intellectual Property work (Copyright) in its 2016 edition.
Frankfurt Kurnit in Chambers 2016
For the twelfth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Chambers USA ranked us for our: Advertising: Transactional & Regulatory, Intellectual Property: Trade Mark & Copyright, Media & Entertainment: Entertainment Litigation, and Media & Entertainment: Film, Music, Television & Theater work.
Food for Thought: FDA Will Reconsider Rules Governing Use of “Healthy” on Labels
FTC Will Examine Effectiveness of Consumer Disclosures
National Marketers Face Class Action Suits Under New Jersey Consumer Protection Law
A surge of recent lawsuits brought under a 30 year-old New Jersey consumer protection law has national marketers and their lawyers huddling. Here's a summary of how the law works and why there's exposure for marketers everywhere.
Federal Trade Commission Speaks on Use of “All Natural” and “100% Natural” Claims in Advertising
The Federal Trade Commission ("FTC") joined the widely publicized "natural" products debate by issuing four settlements and bringing a new complaint relating to misleading "all natural" or "100% natural" advertising claims.
FTC Settles First Native Advertising Case Against Fashion Retailer
Lord & Taylor Settles FTC Complaint Over Native Advertising, Instagram Campaign
Did the FTC Just Kill Native Advertising?
Two years after conducting a workshop to study native advertising, the FTC on December 22nd released long-awaited guidance that all marketers and publishers need to review.
FTC Says Native Ads Must Carry Clear Disclosures
Terri Seligman and Hannah Taylor in the ABA’s Newsletter, What’s In Store
Terri Seligman and Hannah Taylor's article, "Advertising Self-Regulatory Council Implements Significant Revisions To Its Procedures" is featured in What's In Store, the American Bar Association's newsletter of the Section of Antitrust Law's Consumer Protection Committee, Privacy and Information Security Committee, and Advertising Disputes and Litigation Committee.
NAD Scotts Decision: Marketers - Not Customers - Are Responsible for Online Review Compliance
Encouraging customers to write product reviews is a common and effective marketing tactic. But the disclosure requirements are significant. And a mistake can rankle competitors and lead to scrutiny by regulators or self-regulatory bodies such as NAD. That's what recently happened to The Scotts Company ("Scotts") when United Industries Corporation ("United Industries"), the maker of the Spectracide line of household insect and weed control products, challenged a sweepstakes promotion for the company's competing Ortho Home Defense, Ortho Bug-B-Gon, and Ortho Weed-B-Gon products. Here's what happened.
FTC Challenges Consumer Gag Clauses as Unfair Practices.
In two recent matters, the Federal Trade Commission ("FTC") challenged so-called gag clauses or non-disparagement provisions incorporated in contracts between marketers and consumers, alleging that prohibiting consumers from publishing negative reviews about the marketer is an unfair practice in violation of Section 5 of the FTC Act.
Thirty-seven Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2015
Super Lawyers listed thirty-eight Frankfurt Kurnit attorneys in its 2015 edition.
OMG! Kim Kardashian Social Media Post Creates Headache for Drug Marketer
The Food and Drug Administration ("FDA") has sent a warning letter to the pharmaceutical company Duchesnay because of a recent Kim Kardashian social post endorsing the company's morning sickness drug, DICLEGIS.The regulator's action presents a teachable moment for all marketers attempting to leverage celebrity endorsements.
Why Women Quit
Calling or Texting Consumers? New FCC Order Clarifies Rules of the Road
As previously reported here, earlier amendments to Telephone Consumer Protection Act (TCPA) rules clarified that telemarketers must obtain prior consent from consumers before distributing prerecorded telemarketing messages via autodialer (a “robocall”) to cell phones and residential landlines.
6 Challenges for Cause Marketing Outside The US
Native Advertising: The Old Is New Again
The Computer & Internet Lawyer published Terri Seligman's article on native advertising and some of the complexties brought about by the increasingly mobile environment we now live in.
When are Manufacturers Liable for Claims Made by Their Retailers?
The Federal Trade Commission ("FTC") recently closed an investigation into whether Quickie Manufacturing Corporation ("Quickie"), a maker of cleaning products, engaged in unfair or deceptive acts or practices when third-party retailers marketing Quickie products made unqualified and unsupported "Made in USA" claims.
Terri Seligman at the Women Leaders in Advertising and Marketing Law Conference
Terri Seligman moderates the "Thinking Like a GC" panel on changes in advertising law at ACI's Women Leaders in Advertising and Marketing Law conference. The event is at The Carlton Hotel in New York on October 22-23, 2015. Terri's panel includes lawyers from the FTC, Facebook, Dannon Company, Macy's and Epsilon Data Management.
Frankfurt Kurnit in The Legal 500 2015
The Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright) in its 2015 edition.
All in a Name: NAD Recommends Advertiser Change Product Names - Even Absent Consumer Confusion
Unilever United States, Inc. recently challenged certain Vogue, International, Inc. shampoo product names. NAD determined that Vogue's product names, such as Renewing Argan Oil of Morocco Shampoo and Nourishing Coconut Milk Shampoo, touted the inclusion of certain "exotic" ingredients but that those ingredients did not provide the benefit also touted in the product name.
Frankfurt Kurnit in Chambers 2015
For the eleventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
FTC Shuts Down Revenge Porn Site
Earlier this year, the FTC publicly banned the operator of an alleged "revenge porn" website from sharing nude videos or photographs of people without their affirmative express consent.
Thirty-four Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2014
Super Lawyers listed thirty-five Frankfurt Kurnit attorneys in its 2014 edition.
But Wait, There’s More: Infomercial Product Marketer Will Pay $8 Million to Settle
Have you ever wondered whether a late-night television infomercial offer was too good to be true? Advertising regulators wonder the same thing.
Not Satisfied: FTC Says Car Shipment Broker Misrepresented Online Reviews
AmeriFreight, an automobile shipment broker, has agreed to settle FTC charges that it deceived customers by advertising the quantity and quality of its online customer reviews, while failing to disclose that it provided incentives to its customers to author them.
Get Ready for Changes to Fair Packaging and Labeling Act Regulations
There's news for consumer product manufacturers, packagers and distributors.
FTC Focuses on Search Terms in Settlement with Maker of Children’s Dietary Supplements
New York Business Journal’s Women of Influence
Terri Seligman was selected by New York Business Journal in their inaugural "Women of Influence Awards". The program honors women business leaders in the New York City area who innovate, succeed and who stand out both for their achievements in the marketplace as well as their commitment to community and mentoring.
Six Essential Steps for Data Security
Here's a holiday gift for anyone whose business depends on keeping customer or client data secure: the Frankfurt Kurnit Technology Group's list of six essential steps for data security.
Negative Options: FTC Alleges ROSCA Violations for First Time
Remember ROSCA? That's OK, the FTC just remembered it too.
FTC Amends Mail or Telephone Order Merchandise Rule
The FTC recently issued final amendments to the Mail or Telephone Order Merchandise Rule (also known as "the 30 Day Rule"), which requires sellers to have a reasonable basis for stating they can ship ordered items to consumers within the time specified or if no time is specified, within 30 days.
Get Ready for New Telemarketing Rules
New Registration Rules for “Commercial Co-Venturers”
South Carolina recently revised its Solicitation of Charitable Funds Act. The Act now contains new requirements - effective October 4, 2014 - for advertisers whose commercial co-ventures are open to South Carolina residents. Here's a summary of what you need to know.
Correcting Third-Party Misinformation Online
In June 2014, the FDA issued draft guidance for the pharmaceutical industry titled "Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation About Prescription Drugs and Medical Devices."
Facebook Will No Longer Allow “Like-Gating”
There's big news for advertisers who have been "like-gating" content on their Facebook Pages.
2014 Frankfurt Kurnit in The Legal 500
The Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright) in its 2014 edition.
Frankfurt Kurnit in Chambers 2014
For the tenth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
FTC Settles with Snapchat over Alleged Privacy and Security Violations
Snapchat Inc., developer of a popular mobile photo and video messaging app designed to bring the fabled self-destructing message to life, agreed to settle FTC allegations that it misrepresented its privacy and data security practices - including that its messages could be made to "disappear forever" seconds after viewing.
Nailed: NAD Says Beauty Product “Before and After” Photos Are Performance Claims
The National Advertising Division requested that Ontel Products Corporation discontinue use of before-and-after photos in ads for the company's Pink Armor Nail Gel product. The NAD found that the company's before-and-after photographs were not representative of the level of product efficacy that a reasonable consumer could expect to achieve.
FTC Pursues False Endorsement Allegations Against “Intermediaries” and Social Media Contests
We recently reported on the FTC's settlement with home security company, ADT LLC for their use of paid endorsers presented to look like impartial experts. As five recent investigations show, the ADT investigation extended to other parties. In addition, the FTC's interest in monitoring endorsements has expanded to include social media promotions.
Cole Haan Draws FTC Notice With Pinterest Contest
Make Sure Your Product Demonstrations Are Not Misleading
The Federal Trade Commission and The National Advertising Division of the Better Business Bureau recently challenged three product demonstrations by major brands, finding that they were misleading to consumers. Here is a rundown of these important regulatory and self-regulatory developments.
FTC Sounds the Alarm on ADT Paid Endorsements
As part of its ongoing focus on endorsements in advertising, the Federal Trade Commission recently settled a case against home security company, ADT LLC, for use of paid endorsers presented to look like impartial experts. In its complaint, the FTC alleged that ADT paid spokespeople to review, demonstrate and promote ADT's "Pulse Home Monitoring System" without disclosing that they were paid to do so.
Are You Guilty of ‘Twibel’? What Courtney Love’s Twitter Lawsuit Means for Social Media
Terri Seligman was interviewed by New Media Rockstars about lawsuits resulting from defamatory claims made on social media.
In Newest Native Advertising Case, NAD tells Shape Magazine to Shape Up!
A recent decision from the National Advertising Division of the Better Business Bureau highlights the increasing interest in native advertising by regulatory and self-regulatory bodies. As the Interactive Advertising Bureau noted in its recently released Native Advertising Playbook, native advertising is hard to define because it can take many different forms, and the questions it poses are far from settled.
FTC Issues Updated Guidance on Weight Loss Claims
The Federal Trade Commission (the "FTC" or the "Commission") announced this week that it updated its guidance for publishers and broadcasters on how to spot deceptive or false weight-loss claims when screening advertisements for publication.
Highlights from FTC’s Native Advertising Workshop: More Questions Than Answers?
The Federal Trade Commission (the "FTC") hosted its much-anticipated workshop, "Blurred Lines: Advertising or Content?", in Washington, DC. The workshop facilitated a discussion among major industry stakeholders on the practice of "native advertising" in order to help the FTC determine whether additional regulatory guidance is needed.
Terri Seligman Featured in Electronic Commerce & Law Report
Terri Seligman was featured in Electronic Commerce & Law Report on how the new federal gift card regulations affect social buying websites such as Groupon and LivingSocial.
Reminder: New Written Consent Requirements for Telemarketing Calls Go into Effect on Oct 16, 2013
In February 2012, the FCC approved and published the amended Telephone Consumer Protection Act regulations, which provide additional protections for consumers concerning autodialed and prerecorded calls.
Native Advertising Sweeps Industry Regulatory Landscape
In the modern media landscape, companies often blend advertisements with news, entertainment, and other content, a practice sometimes referred to as "native advertising." When consumers do not realize that they are viewing advertising or sponsored content both the media and the advertisers generally have an obligation to disclose to consumers that the content is, in fact, sponsored content.
Thirty-two Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2013
Facebook Changes its Promotions Guidelines
Facebook introduced significant changes to its terms of service yesterday in an effort to make it easier for businesses to administer sweepstakes, contests and other promotions on its site.
Distinguishing Advertising from Search Results
As part of its ongoing effort to provide guidance to digital advertisers (including the recent release of the updated digital advertising guidance, staff at the Federal Trade Commission's Bureau of Consumer Protection recently sent a letter to search engine companies, including Google, Bing, Yahoo! and various shopping, travel and local business search engines.
Coming Soon: Updates to Mail or Telephone Order Merchandise Rule
The Federal Trade Commission issued a report this week proposing to modernize the "Mail or Telephone Order Merchandise Rule". The rule, originally issued in 1975 and known by many as the"30 Day Rule", requires merchants selling products by mail or phone to have a reasonable basis to expect that they can ship products within the advertised time frame, or, if no time frame is specified, within 30 days.
New FTC Guidelines on Digital Ads
Yesterday, the staff of the Federal Trade Commission issued new guidance to advertisers about how to make effective disclosures in digital advertising. Updating the 2000 "Dot Com Disclosures" guidance, the new guidance, ".com Disclosures: How to Make Effective Disclosures in Digital Advertising," addresses technological developments over the last 10+ years, including the increased use of smart phones for advertising and social media marketing.
Marketers Wait in Vain for Feds to Act on Regulation
NAD Decision Did Not Support Class Action Suit Against Bayer
One of the disturbing trends for advertisers over the last few years has been the class action bar's interest in NAD decisions and its review of such decisions to provide fodder for consumer fraud cases. As a result, advertisers and challengers have had to consider the risk of a class action pile-on when engaging in cases at NAD. A recent court decision, however, may help to dampen the class action bar's interest in using the self-regulatory forum's decisions as a weapon.
Nine Frankfurt Kurnit Women Honored As “Super Lawyers”
Nine Frankfurt Kurnit women appeared in The New York Times Magazine’s women "Super Lawyers" list for 2012. The list appeared on December 30th in a special section devoted to women attorneys in the New York metropolitan area.
What Facebook and Instagram Changes Mean to Advertisers
Over the past few days and weeks the press has spilled a lot of ink about Facebook's, and its newly acquired company, Instagram's, revised privacy, advertising and other policies. Whether or not the recent policy changes are significant is yet to be determined, but what is clear is that the public is actually paying attention and that the changes may affect how advertisers can use these platforms.
New FCC Ruling on Text Messaging
The Federal Communications Commission ruled that sending a one-time text message to confirm a consumer's request that no further text messages be sent does not violate the Telephone Consumer Protection Act.
Contest Did Not Excuse Advertiser Duty to Substantiate Claim
In response to a challenge by the International Business Machines Corporation, the National Advertising Division of the Council of Better Business Bureaus reviewed print advertisements produced by Oracle Corporation stating its Exadata server is "5x Faster Than IBM ... Or you win $10,000,000." The NAD went on to state that Oracle was responsible for substantiating this "5x Faster claim."
New Guidelines for Cause Marketing
The New York Attorney General recently issued guidelines in cause marketing promotion. In issuing these new guidelines the New York Attorney General cites the need to promote transparency in the billion-dollar-a-year industry of cause marketing.
Federal Court Decision Calling Poker “Skill” May Impact Marketers’ Promotions
Judge Jack Weinstein of the Eastern District court of New York recently decided that Texas Hold 'Em poker is a game of skill and therefore not gambling under federal law. This is the first time a federal court has determined that poker is not gambling under the "Illegal Gambling Business Act". The government intends to appeal the decision.
FTC Seeks Public Comments on Revisions to COPPA
As part of the Federal Trade Commissions ("FTC") efforts to update the "Children's Online Privacy Protection Rule", the FTC has proposed to further modify the rule to clarify its scope and strengthen its protections for children’s personal information. These proposed revisions follow comments previously received by the FTC in 2011.
FTC Releases Study to Guide Advertisers Away from “Up To” Claims
The Federal Trade Commission announced the results of a study it commissioned, which indicates that many consumers understand "up to" claims as promising maximum results. The FTC believes the study will help guide advertisers to avoid the use of misleading "up to" claims.
Gift Rap: Groupon Settlement May Influence “Daily Deal” Strategies for Marketers
The terms of a proposed settlement of at least 17 lawsuits against Groupon may impact the way marketers of “daily deals” or other gift card offerings manage those deals and their expiration dates.
Terri Seligman Featured in Adweek on Photo Retouching Issue
Two Changes for Advertising Self-Regulators
There are two news items from the advertising industry’s self-regulatory arena- the first from the Council of Better Business Bureaus, and the second from the National Advertising Review Council.
Jeffrey Greenbaum and Terri Seligman Featured in the GALA Gazette
The Gala Gazette featured Jeffrey A. Greenbaum and Terri Seligman in a discussion of the FTC investigation concerning environmental marketing claims made in cat litter advertising and its implications in a market with a greater focus on "green" or environmentally conscious products.
FCC Imposes Strict New Rules for Robocalls
The Federal Communications Commission has issued an order requiring telemarketers to obtain prior written consent from consumers before distributing prerecorded telemarketing messages via autodialer to cell phones or residential landlines. Besides exceptions noted here, the order applies regardless of whether there is an existing business relationship between the marketer and the consumer, and will go into effect 12 months after formal publication of the approved rule in the Federal Register.
Publishers Sued for Allegedly Violating California Privacy Law
In the last several weeks, plaintiffs’ lawyers have filed a number of class action lawsuits against businesses for allegedly violating California’s “Shine the Light” privacy law (the “Law”). According to one report, targets include nearly a dozen publishers, including Men’s Journal, Reader’s Digest, and CBS Interactive. The complaints allege that each business failed to comply with its obligations under the Law by not providing California customers with a method for obtaining a disclosure regarding how they share information.
FTC Sends Warning to Marketers of Mobile Apps for Background Screening
The Federal Trade Commission recently warned the marketers of several mobile apps that they may be violating the Fair Credit Reporting Act. Each of the apps at issue include background screening functionality.
Twenty-four Frankfurt Kurnit Attorneys Named 2012 NY-Area “Super Lawyers”
Super Lawyers listed twenty-four Frankfurt Kurnit attorneys in its 2012 edition.
FTC Concludes Investigation Concerning Gifts to Bloggers
The Federal Trade Commission recently closed its investigation of Hyundai Motor America’s alleged violation of Section 5 of the FTC Act (15 U.S.C. § 45) in connection with a blogging campaign conducted to spark interest in Hyundai’s Super Bowl XLV ads.
Facebook Settles FTC Privacy Charges
The Federal Trade Commission announced yesterday that Facebook has settled charges that it deceived consumers by making false privacy assurances, and then repeatedly allowing consumer information to be shared and made public. The settlement serves as a timely reminder that companies must abide by their own statements regarding how personal information is used and shared.
Accountability Program Announces Initial Compliance Agreements
The Council of Better Business Bureaus has announced the first six compliance agreements with online behavioral marketers under the self-regulatory regime of its "Online Interest-Based Advertising Accountability Program". Beginning in August, the program began testing the functionality, usability, and duration of consumer-choice mechanisms offered by a number of companies.
In Case of First Impression, NAD addresses “Like-gating” on Facebook
In response to a challenge brought by 1800-Contacts, Inc., the National Advertising Division of the Council of Better Business Bureaus has reviewed advertising claims made by Coastal Contacts, Inc., through a Facebook promotion offering "free" products to consumers who "Liked" its Facebook page.
Measuring Buzz: Best Practices for “Social Listening”
Today advertisers are not only mastering the art of speaking through social media channels, they are also exploring ways to listen and learn. But while "social listening" or "social media monitoring" can yield valuable market data, these practices also raise privacy and ethical concerns.