Suppressing Negative Reviews Leads to Trouble and Privacy Issues in Loyalty Programs: What attorneys need to know

Monique N. Bhargava
Sarah L. Bruno
Andrew B. Lustigman
Morgan E. Spina
Monique N. Bhargava | Reed Smith LLP
Sarah L. Bruno | Reed Smith LLP
Andrew B. Lustigman | Olshan Frome Wolosky LLP
Morgan E. Spina | Olshan Frome Wolosky LLP

On-Demand: May 12, 2022

$195.00 2 hour CLE

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Program Summary

Session I - Loyalty Programs in a Privacy-First World – Monique N. Bhargava, and Sarah L. Bruno

Loyalty programs are a long-standing marketing staple, allowing advertisers to reward consumers with varying monetary and non-monetary benefits. These programs also help advertisers better understand their consumers, as well as shopping habits and patterns, particularly in an increasingly digital commerce environment. As part of the recent regulatory focus on consumer privacy, loyalty programs have come under scrutiny and may be subject to additional requirements and restrictions. As evident from California Attorney General Rob Bonta’s recent enforcement actions concerning loyalty programs under the California Consumer Privacy Act, advertisers should take note of a marketing practice often overlooked under the privacy laws. Learn about regulatory updates affect loyalty and rewards programs, including what other types of programs may be regulated as financial incentives.

Key topics to be discussed:

  • CCPA + financial incentives
  • Loyal programs, sweepstakes, and other promotions
  • Advertising update

Session II - Alert to Ecommerce Marketers: Suppressing Negative Reviews Can Lead to Legal Trouble – Andrew B. Lustigman, and Morgan E. Spina

E-commerce marketers are increasingly relying on consumer reviews to help drive sales. The display of consumer reviews can certainly be a helpful marketing tool, but as with many other online marketing techniques, the selection and posting of online reviews has recently come under increasing scrutiny by federal and state regulators. During this CLE, we will discuss certain enforcement actions brought by regulators regarding the use of customer reviews, ranging from the posting of “fake” reviews to the deliberate withholding of negative reviews. During the discussion, we will focus on the FTC’s recent settlement with online Fashion Nova, LLC and the agency’s Warning Letters to other marketers. We will discuss FTC guidance as well as suggested best practices in connection with using consumer reviews in marketing practices.

Key topics to be discussed:

  • FTC’s recent settlement with online Fashion Nova, LLC
  • FTC Issuing Warning Letters to other marketers
  • FTC Guidelines
  • Using Consumer Reviews In Marketing Best Practices

This course is co-sponsored with myLawCLE.

Date / Time: May 12, 2022

  • 2:00 pm – 4:10 pm Eastern
  • 1:00 pm – 3:10 pm Central
  • 12:00 pm – 2:10 pm Mountain
  • 11:00 am – 1:10 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Monique N. Bhargava_myLawCLEMonique N. Bhargava | Reed Smith LLP

Monique (“Nikki”) focuses on the convergence of advertising and emerging technology, helping clients navigate advertising and privacy issues in new media, digital marketing and content, social media, adtech and martech. She supports consumers brands, advertising agencies, publishers, media and technology companies in all aspects of their advertising, marketing, and media initiatives, as they innovate to drive consumer engagement.

In addition, Nikki assists clients in identifying and managing privacy and data security risks associated with new platforms and media and digital marketing. She works with clients to navigate the rapidly evolving landscape of privacy laws (including, CCPA, CPRA, CDPA, BIPA, TCPA, and GDPR). Nikki regularly assists clients in developing data use, protection, and monetization strategies by evaluating and optimizing data practices, developing internal and external policies, conducting privacy assessments, and drafting / negotiating data privacy related agreements.

Nikki’s clients span a wide array of industries, including food and beverage, retail, automotive, consumer packaged goods, media and technology (including publishers, broadcast, print, and digital), sports, pharmaceuticals and OTC, and financial services.

 

Sarah L. Bruno_myLawCLESarah L. Bruno | Reed Smith LLP

Sarah is a trusted advisor to companies in the retail, technology, entertainment, gaming, automotive, and association spaces, and counsels her clients on the legal requirements for the development and launch of their platforms, products and services.

Her work involves the cross-section of expertise in the Intellectual Property (IP), privacy and advertising spaces. She is routinely evaluating client products and concepts and developing protection strategies, considering how to collect, use and store any data as a result of the launch, and advising on online and offline marketing tactics.

As product concepts and marketing strategies have become more sophisticated and complex, navigating the legal landscape has become increasingly challenging for any global business. As a member of the firm’s Tech & Data group, Sarah partners with her clients to provide practical and efficient counsel to help navigate the patchwork of laws that impact the launch of any new technology, product or platform.

On the privacy side, Sarah counsels in all areas of data security and privacy, including the California Consumer Privacy Act (CCPA), the SHIELD Act, and the EU General Data Protection Regulation (GDPR). She drafts and reviews policies and advises on compliance measures; she also prepares and conducts trainings, drafts governance documents, and attends internal meetings to advise on the strategies for collection and using data.

On the advertising side, her experience includes reviewing advertisements and claims, advising on unfair and deceptive trade practices, and counseling clients on compliance issues relating to the Federal Trade Commission and the National Advertising Division (NAD) of the Better Business Bureau, as well as state and other regulatory laws. She also argues cases at the NAD. Finally, Sarah advises her clients on the IP protection of their products, and works to develop strategies for protection under trademark, copyright and patent laws both in the U.S. and abroad.

 

Andrew B. Lustigman_myLawCLEAndrew B. Lustigman | Olshan Frome Wolosky LLP

Andrew Lustigman is the Chair of Olshan’s Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group. He represents marketers, advertisers, media, e-commerce companies in connection with the legal aspects of their advertising and promotional marketing business, including clearance of advertising and social media marketing, sweepstakes, games of skill, and other contests, and advises on intellectual property issues, and privacy matters. An equally significant portion of his practice involves investigations and litigation brought by regulatory agencies regarding national advertising campaigns, as well as litigating competitor actions and defending private consumer individual and class action lawsuits.

With over 30 years’ experience in advertising law, Andy regularly appears on television, radio, and in publications such as The Wall Street Journal, National Law Journal, New York Post, Inside Counsel, Bloomberg BNA, Law360, Mobile Marketer, Luxury Daily, and Response discussing important new cases and trends that advertisers and marketers need to know. Andy has been consistently recognized by Chambers USA, Legal 500 U.S. as a “Leading Lawyer” in Advertising and Marketing, selected by his peers for inclusion in The Best Lawyers in America for his distinguished work in Advertising, as well as Super Lawyers– a Thomson Reuters lawyer rating service. Andy graduated, magna cum laude, from American University, Washington College of Law in 1991 and is admitted to the New York and New Jersey State Bars.

 

Morgan E. Spina_myLawCLEMorgan E. Spina | Olshan Frome Wolosky LLP

As an associate at Olshan, Morgan E. Spina participates in various advertising, branding and intellectual property matters.

Morgan is a part of Olshan’s Brand Management and Protection practice and participates in all facets of the firm’s brand management, including privacy, advertising, and intellectual property matters. She received her LL.M. from Brooklyn Law School and holds a B.A., with Distinction, in History and English Literature and a LL.B from University of Wollongong in Australia.

Morgan assists in advising clients in order to help clients build, maintain, promote, and protect their brands. Morgan’s work includes the structuring of sweepstakes and games of skill, clearance of advertising and marketing materials, privacy, trademark enforcement, all types of intellectual property and advertising agreements, and federal and state government regulatory investigations. Morgan has published articles in connection with advertising, privacy, and intellectual property law.

Agenda

Session I – Loyalty Programs in a Privacy-First World | 2:00pm – 3:00pm

  1. CCPA + financial incentives | 2:00pm – 2:20pm
  2. Loyal programs, sweepstakes, and other promotions | 2:20pm – 2:40pm
  3. Advertising update | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – Alert to Ecommerce Marketers: Suppressing Negative Reviews Can Lead to Legal Trouble | 3:10pm – 4:10pm

  1. FTC’s recent settlement with online Fashion Nova, LLC | 3:10 pm – 3:35 pm
  2. FTC Issuing Warning Letters to other marketers | 3:35 pm – 3:45 pm
  3. FTC Guidelines | 3:45 pm – 3:50 pm
  4. Using Consumer Reviews in Marketing Best Practices | 3:50 pm – 4:10 pm