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 with Q&A

Conducted on Tuesday, October 26, 2010

Recorded event now available

or call 1-800-926-7926
Program Materials

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.

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Outline

  1. Mobile marketing
    1. Mobile marketing defined
    2. Business trends
    3. Legal trends – recent enforcement actions and litigation trends
  2. Regulations and laws implicated by mobile marketing
    1. Telephone Consumer Protection Act (TCPA) and FCC Regulations
    2. 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
    3. Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act)
    4. State "little FTC Acts" and laws regulating telemarketing, email marketing and privacy
    5. Industry self regulation (e.g., MMA US Consumer Best Practice Guidelines for Cross-Carrier Mobile Content Programs, DMA and other industry guidelines)
    6. Lanham Act
  3. Key areas of potential liability
    1. Statutory violations
    2. Unauthorized charges
    3. Tortious interference
    4. Breach of contract
  4. 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
Melissa Landau Steinman
Partner
Venable

She practices primarily in the areas of advertising and marketing, antitrust, trade regulation, consumer protection and...  |  Read More

Gabriel H. Karp
Gabriel H. Karp
Executive Vice President & General Counsel
ePrize

He oversees all corporate legal matters and leads the Legal Services Team, which is responsible for ensuring legal...  |  Read More

Darren A. Bowie
Darren A. Bowie
Legal Director, North America
Nokia

He leads the legal group that supports Nokia’s business in the United States and Canada. His team negotiates...  |  Read More

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