Marketing via Mobile Devices: Enforcement and Litigation Trends
Navigating Industry Standards and Evolving Regulations From Multiple Federal and State Agencies
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, October 26, 2010
Recorded event now available
This CLE webinar will provide counsel with an overview of the legal risks of engaging in mobile marketing and the laws and regulations governing mobile marketing. The panel will outline best practices for complying with evolving standards and minimizing liability risks.
Description
Advertisers are increasingly focusing on mobile marketing, utilizing text messaging, emails, GPS technology, mobile applications and other wireless devices to communicate with consumers. While mobile marketing creates new business opportunities, it also introduces new legal risks.
Mobile marketing regulations are ever-changing and overlapping. Businesses utilizing mobile marketing must comply with the Telephone Consumer Protection Act (TCPA), Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), state laws and industry standards.
Increased government regulation of mobile marketing is imminent. Further, class action lawsuits alleging violation of the TCPA and unauthorized cell phone charges are surging. Given these increased liability risks, companies and their counsel should examine their mobile marketing programs now.
Listen as our authoritative panel of advertising attorneys explains the current legal environment surrounding mobile marketing and discusses key areas of potential liability. The panel will offer best practices to meet the myriad regulatory standards and minimize litigation risk.
Outline
- Mobile marketing
- Mobile marketing defined
- Business trends
- Legal trends – recent enforcement actions and litigation trends
- Regulations and laws implicated by mobile marketing
- Telephone Consumer Protection Act (TCPA) and FCC Regulations
- Federal Trade Commission Act (FTC Act) and the Telemarketing Consumer Fraud and Abuse Prevention Act and implementing regulations, including Telemarketing Sales Rule and the Do-Not-Call List
- Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act)
- State "little FTC Acts" and laws regulating telemarketing, email marketing and privacy
- Industry self regulation (e.g., MMA US Consumer Best Practice Guidelines for Cross-Carrier Mobile Content Programs, DMA and other industry guidelines)
- Lanham Act
- Key areas of potential liability
- Statutory violations
- Unauthorized charges
- Tortious interference
- Breach of contract
- Strategies/best practices to meet regulatory standards and minimize liability
Benefits
The panel will review these and other key questions:
- What are the current enforcement and litigation trends surrounding mobile marketing?
- What legal and industry standards govern mobile marketing practices?
- What special issues arise when mobile marketing is used for interactive promotional campaigns?
Faculty
Melissa Landau Steinman,
Partner
Venable, Washington, D.C.
She practices primarily in the areas of advertising and marketing, antitrust, trade regulation, consumer protection and general commercial law, litigating cases and counseling clients on matters that arise from these business concerns. She assists companies at every stage of distributing their products and with reviewing advertising and marketing materials for all types of media.
Gabriel H. Karp,
Executive Vice President & General Counsel
ePrize, Pleasant Ridge, Mich.
He oversees all corporate legal matters and leads the Legal Services Team, which is responsible for ensuring legal compliance for all aspects of ePrize promotions. He has overseen over 5,000 interactive promotional campaigns in 44 countries with no legal challenges. These campaigns include online and mobile based loyalty programs, prize drawings, instant win games, skill based contests, etc.
Darren A. Bowie,
Legal Director, North America
Nokia Inc., White Plains, N.Y.
He leads the legal group that supports Nokia’s business in the United States and Canada. His team negotiates contracts and licensing agreements with Nokia’s customers and partners. He also manages intellectual property, litigation, and regulatory matters affecting Nokia’s North American markets. Before joining Nokia, he was Assistant General Counsel at AOL and also previously worked for the FTC.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, FL, GA, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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CLE Credit
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Customer Reviews
I liked everything about the teleconference - knowledgeable speakers, well presented, timely topic. I was very impressed.
James A. Tramonte
Miller Martin
The presentation and handouts were very informative. And it allowed me to attend a CLE without leaving the office.
Bill Pemerton
Horton Maddox & Anderson
This was my first experience with an interactive CLE. It was good not to have to leave my office for the program.
Patricia Hays
Vestcom International
Cutting edge information from people who are in the field.
John McGowan
Donahue Tucker & Ciandella
The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.
Chris Kelly
Mayer Brown
Corporate Law Advisory Board
Partner
Hogan Lovells
General Counsel
Assurance America Corporation
Partner
Mayer Brown
Partner
Foley & Lardner
Kathleen Mayton
General Counsel
Rollins, Inc.
Partner
K&L Gates
Partner
Kaye Scholer
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