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
This CLE course 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.
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
Ms. Steinman practices primarily in the areas of advertising and marketing, antitrust, trade regulation, consumer... | Read More
Ms. Steinman 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.
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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
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.
CloseDarren 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
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.
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