Perspectives on Promotions, Sweepstakes & Contests

Got blockchain? For many, the answer to this question is “no” but the technology and the medium of exchange built on it have arrived and many platforms and industries are looking to see how it can help facilitate transactions and allow for more efficiencies.

Belgium, Australia, the United Kingdom, and the State of Hawaii are looking into the lawfulness of “loot boxes” in mobile games. “Loot boxes” are virtual prize packages that may be purchased in mobile games where the player is unaware of what virtual items are inside the package until following the

The Federal Trade Commission recently sent more than 90 letters to celebrities, athletes, and other influencers reminding them that brand endorsements made in social media posts must comply with the FTC’s Endorsement Guides.

Last week, a California appellate court held that consumers can proceed with a class action suit against Banana Republic for false advertising arising from posted signs that advertised a 40-percent off sale without disclosing that the discount only applied to certain items.

Retailers should beware this holiday season – and beyond – when advertising sales using a comparison between the “original” and “sale” prices as Macy’s, Sears, and JC Penney were just sued by the Los Angeles City Attorney for allegedly deceiving consumers by using a false original “reference price.”

Recently another federal district court ruled that text messages sent from a group messaging platform were not autodialed, even when transmitted in bulk, because of the significant human intervention required to initiate a text message campaign through the platform.

Retailers should implement routine checks on advertising and pricing to ensure language is accurate and consistent with offerings.

A recent lawsuit filed against GNC serves as a reminder that companies need to ensure that prices listed as “regular prices” are substantiated.

In a recent opinion, the Ninth Circuit reversed the dismissal of a lawsuit against the developer of the highly-anticipated videogame Grand Theft Auto V.

The Federal Trade Commission recently issued its long-anticipated guidance on native advertising.

A federal judge for the Southern District of California recently held in Branca v. Nordstrom, Inc. that a class action could proceed with claims that Nordstrom made deceptive savings claims at a Nordstrom Rack store.

The Federal Trade Commission (FTC) continues to pursue companies for failing to disclose material connections in endorsements.

On June 25, 2015, the FTC announced that it had taken action to stop a group of approximately 15 companies and 7 individuals from using allegedly deceptive “risk-free trial” offers to sell skincare products online.

A California federal judge recently certified a class action lawsuit that alleges violations of California consumer protection laws by J.C. Penney Corporation, Inc.

The Federal Trade Commission (FTC) recently obtained a temporary injunction to stop a Florida-based sweepstakes operation that has taken more than $28 million from consumers in the United States and abroad.

The Federal Trade Commission (FTC) recently announced the settlement of a complaint alleging deceptive trade practices in relation to a crowdfunding campaign.

A “must read” for marketers that feature celebrity or consumer endorsements in their ads, or any company operating contests or sweepstakes on social media.

Fashion designers’ retail pricing and promotional strategies have quickly evolved in the last decade, with Internet channels dramatically altering distribution and sales tactics.

Recently, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking seeking comment on proposed updates to its broadcast Contest Rule.

Thanks to a recently announced change to Facebook’s “Platform Policy,” it will soon become more difficult for companies to get consumers to “like” their Facebook page as part of a promotional campaign. The change will take effect on November 5, 2014.

The Federal Trade Commission alleged that a 2014 promotional contest on Pinterest violated Section 5 of the FTC Act.

Santa’s not the only one who is making a list this holiday season: the FTC is keeping a close watch on online retailers and is warning that misbehaving retailers will be getting lumps of coal in the form of FTC enforcement actions.

The FTC hosted a day-long workshop on “native advertising” on December 4th in Washington, D.C.

July marked the latest milestone in the years-long legal proceedings related to Skechers USA, Inc.’s marketing and sale of toning shoes.