About
Do Not Call! Do Not Fax! Do Not E-mail!
Traditional forms of direct marketing are now subject to an increasingly complex array of regulation and restriction. Federal regulation by the FTC and FCC, varying state laws, and growing international restrictions are making it much harder for direct marketers to find and contact potential customers. What is at stake is far from trivial: overall ad spending by direct marketers is currently over $200 billion annually and direct and interactive marketing driven sales are expected to continue to exceed $2 trillion each year.
To remain competitive, direct marketers cannot be complacent in either their compliance or creative efforts. Continued growth and profitability depends upon developing new and creative solutions for reaching your market while staying on the right side of the law. Failure to comply can result in not only substantial fines and penalties, but also significant loss of business from abandonment of a planned marketing campaign.
American Conference Institute has developed this information-packed publication on Direct & Interactive Marketing Law to provide you with the practical tools you need to be successful in today's complex regulatory climate. It will also give you forward-looking insights and advice on how to prepare to meet restrictions which are on the horizon. Leading legal practitioners, in-house counsel, government regulators and executives will share their expert knowledge and experience to help you avoid legal pitfalls and create successful and compliant campaigns.
Contents & Contributors
OUTBOUND TELEMARKETING AND "DO NOT CALL" UPDATE: THE LATEST
LEGISLATIVE, JUDICIAL AND REGULATORY DEVELOPMENTS
Ian D. Volner, Venable LLP
ADVERTISING, PROMOTION & MARKETING LAW
Ronald R. Urbach, Davis & Gilbert LLP
A GUIDE TO UNDERSTANDING FEDERAL TELEMARKETING REGULATIONS
William M. Heberer, Manatt, Phelps & Phillips, LLP
CAN SPAM ACT CAUSES PROBLEMS FOR LEGITIMATE EMAIL MARKETERS;
FTC RULEMAKING MAY PROVIDE FORUM FOR CLARIFICATION AND
CHANGES
D. Reed Freeman, Jr., Collier Shannon Scott
UNSOLICITED FAX ADVERTISING
D. Reed Freeman, Jr., Collier Shannon Scott
DOT COM DISCLOSURES
Submitted by: Andrew B. Sacks, Dell Computer Corporation
BRANDED ENTERTAINMENT ENDORSEMENT TRAPS
Rick Kurnit, Frankfurt Kurnit Klein & Selz
PRIVACY: MANAGING THE COLLECTION, MAINTENANCE AND USE OF
DATA: SO MUCH PRIVACY REGULATION, SO LITTLE TIME TO COMPLY
Kerry A. Kearney, Reed Smith
Linda F. Schneider, GlaxoSmithKline
THE CANADIAN PRIVACY LANDSCAPE
Elizabeth McNaughton, Blake, Cassels & Graydon LLP
MARKETING ABROAD: NAVIGATING INTERNATIONAL REGULATION OF
DIRECT MARKETING AND PRIVACY
Felix Hofer, Hofer Lösch Torricelli
INTELLECTUAL PROPERTY IN DIRECT MARKETING
Rick Kurnit, Frankfurt Kurnit Klein & Selz
USING PROMOTIONS TO ENHANCE YOUR DIRECT MARKETING: LEGAL
ISSUES RELATING TO GIFT CERTIFICATES, REWARDS AND REBATE
PROGRAMS
Terri J. Seligman, Loeb & Loeb LLP
WINNING THE DIRECT MARKETING GAME WITH SWEEPSTAKES AND
CONTESTS
Russell C. Savrann, Starwood Hotels and Resorts Worldwide, Inc.
John P. Feldman, Collier Shannon Scott, PLLC