Advertising & Marketing Lawyer

Practical Legal Guidance for a Changing Marketing Landscape

Effective marketing takes more than a compelling message. The claims you make, the data you collect, the technology you deploy, and the partners you engage all shape your business’s legal exposure. From campaign development through conversion and customer retention, legal guidance should account for how marketing actually works.

RICHT brings a unique perspective to advertising and marketing law. With a founder whose background includes the agency world, we understand the pressures behind creative approvals, media spending, customer acquisition, and campaign deadlines. Our approach connects legal requirements with commercial priorities, helping clients identify risks early and make informed decisions without losing sight of their business objectives.

We advise brands, agencies, and other participants in the marketing ecosystem on advertising compliance, commercial agreements, and the overlapping demands of privacy and data protection, intellectual property, and consumer protection. Whether you are launching a product, engaging influencers, building a subscription offering, or introducing artificial intelligence into your marketing operations, we provide practical counsel tailored to your strategy, audience, and resources.

Advertising & Marketing Law Services We Offer

Artificial Intelligence in Advertising & Marketing

Artificial intelligence is changing how businesses create content, identify audiences, personalize offers, and engage customers. These capabilities also raise questions about advertising accuracy, intellectual property, privacy, disclosure, and responsibility for the resulting work.

Our artificial intelligence legal services help brands, agencies, and marketing technology providers assess these issues and establish practical safeguards. We advise on:

• AI-generated advertising: Review of copy, images, audio, video, and product demonstrations for unsupported claims, misleading impressions, disclosure considerations, and intellectual property risks.
• Digital replicas and synthetic spokespeople: Consent, publicity rights, talent agreements, and permitted uses of a person’s name, image, likeness, or voice.
• AI-related marketing claims: Substantiation of statements about a product’s AI capabilities, accuracy, performance, automation, and comparative advantages.
• AI-generated reviews and testimonials: Advertising and endorsement considerations involving fabricated experiences, synthetic endorsers, and AI-assisted review practices.
• Personalization and audience targeting: Privacy and consumer protection considerations involving customer profiling, automated recommendations, and personalized offers.
• Customer data and confidential materials: Permitted uses of personal information, campaign assets, prompts, and outputs, including vendor restrictions on AI training and secondary data use.
• Conversational marketing: AI chatbot compliance, including disclosures, representations made during customer interactions, and data practices.
• Agency and vendor agreements: Provisions addressing authorized AI use, client approvals, ownership and licensing, confidentiality, indemnification, and responsibility for reviewing deliverables.
• Internal policies and oversight: AI governance, approved-tool policies, employee guidance, and review procedures tailored to marketing operations.

Advertising Review, Claims & Disclosures

We review advertising in context, considering both the statements a business makes and the overall impression its audience may receive.

• Ad review and clearance: Campaign review across websites, apps, social media, email, direct mail, packaging, television, podcasts, and out-of-home advertising.
• Claim substantiation: Assessment of support for express and implied claims, including competent and reliable scientific evidence where required.
• Deceptive or false advertising: Review of potentially misleading statements, omissions, comparisons, demonstrations, and disclosures.
• Health and wellness claims: Guidance on food, cosmetics, dietary supplements, and related product claims.
• Made in USA claims: Review of domestic-origin representations and supporting information.
• Environmental and “greenwashing” claims: Assessment of sustainability, recyclability, environmental-benefit, and similar representations.
• Earnings claims: Review of income, financial-results, and business-success representations.
• FTC Dot Com Disclosures: Guidance on disclosure content, placement, prominence, and presentation across digital advertising formats.

Digital Marketing, Privacy & Customer Acquisition

We help businesses address the legal implications of how they reach audiences, collect leads, measure performance, and use customer information.

• Targeted digital advertising: Audience matching, retargeting, profiling, and advertising technology arrangements.
• Tracking technologies: Cookies, pixels, SDKs, session replay, and related privacy and wiretapping litigation risks.
• Consent and opt-out practices: Consent management, data-use disclosures, and Global Privacy Control and other universal opt-out mechanisms.
• Email marketing: Campaign practices, required disclosures, unsubscribe procedures, and vendor responsibilities.
• Text message marketing: Consent, campaign disclosures, opt-outs, and TCPA and state-law considerations.
• Telemarketing: Calling practices, consent, do-not-call requirements, and related compliance procedures.
• Direct mail: Promotional claims, offer terms, disclosures, and campaign review.
• Lead generation: Lead collection, consent language, data transfers, and allocation of responsibility among buyers, sellers, and marketing partners.
• COPPA and advertising to children: Children’s privacy, parental consent, and marketing practices involving children and teens.
• Privacy policies: Notices aligned with the business’s advertising technologies, information practices, and applicable obligations.

Influencers, Endorsements, Reviews & Media

We advise on the agreements, disclosures, and content practices behind creator campaigns, customer recommendations, and sponsored media.

• Influencer marketing: Agreements, campaign instructions, disclosures, content approvals, and monitoring.
• Celebrity endorsements: Talent agreements, publicity rights, releases, and permitted uses.
• Affiliate marketing: Affiliate agreements, disclosures, promotional practices, and program oversight.
• Online reviews, endorsements, and testimonials: Incentives, material connections, review suppression, review presentation, and authenticity.
• Social media: Branded content, user-generated content, platform requirements, and campaign compliance.
• Podcasts: Sponsorship agreements, host-read advertisements, disclosures, and content rights.
• TV and out-of-home advertising: Creative clearance, disclosures, placement considerations, and campaign agreements.
• Defamation and First Amendment issues: Assessment of statements, content disputes, and speech-related risks.
• Section 230: Assessment of platform and intermediary liability issues involving third-party content.

Pricing, Subscriptions & E-Commerce

We review the customer journey from the initial advertisement through checkout, renewal, cancellation, and post-purchase support.

• Transparent pricing and subscription billing: Offer terms, recurring charges, price-change notices, and customer disclosures.
• Automatic renewal compliance: Enrollment, consent, confirmations, reminders, and cancellation procedures.
• ROSCA: Review of online negative-option and subscription practices under the Restore Online Shoppers’ Confidence Act.
• Promotional and personalized pricing: Discounts, reference prices, free offers, and relevant algorithmic-pricing disclosure considerations.
• Junk fees: Review of mandatory charges, fee descriptions, and the timing and presentation of price disclosures.
• Dark patterns: Assessment of interfaces that may mislead customers or interfere with informed choices.
• E-commerce: Consumer-facing sales practices, marketplace requirements, and online purchase flows.
• Refund and shipping policies: Review of return conditions, refund representations, delivery promises, and related disclosures.
• Consumer product safety and warranties: Product-related compliance considerations, warranty terms, and consumer disclosures.
• Terms and conditions: Website and app terms, customer agreements, and implementation of acceptance procedures.
• Arbitration: Assessment and drafting of arbitration provisions, class-action waivers, and related dispute-resolution terms.

For a closer look at dispute-resolution strategy, see our analysis of whether website terms should include an arbitration clause.

Sweepstakes, Promotions & Sponsorships

We help businesses structure promotions around their intended audience, entry mechanics, rewards, and commercial objectives.

• Sweepstakes and contests: Promotional structure, official rules, eligibility, entry methods, and applicable registration and bonding requirements.
• Incentive, referral, and loyalty programs: Program terms, reward representations, participation conditions, and related privacy considerations.
• Event promotion and sponsorship: Sponsorship agreements, promotional materials, participant terms, and allocation of responsibilities.
• Charitable and cause-related marketing: Campaign representations, beneficiary arrangements, disclosures, and applicable promotional requirements.
• Sports and esports: Promotional campaigns, sponsorships, contests, and content rights.

Explore our analysis of legal considerations in sports-linked promotional campaigns.

Brand Protection, Content Rights & Commercial Agreements

We help establish who owns campaign assets, how they may be used, what each party must deliver, and how risk is allocated.

• Trademark and copyright law: Brand clearance, registration, ownership, and use of protected materials.
• Licensing: Content, brand, technology, and other intellectual property licenses.
• Master services agreements and statements of work: Scope, deliverables, payment, approvals, performance obligations, and termination.
• Agency and production agreements: Creative ownership, portfolio rights, subcontracting, confidentiality, and responsibility for claims and clearances.
• Domain name disputes: Domain ownership and brand-related conflicts.
• DMCA: Copyright complaints, takedown procedures, and related platform considerations.
• Joint ventures: Marketing partnerships, shared commercial activities, and allocation of rights and responsibilities.

Regulated Products & Specialized Marketing

Certain products, services, and business models require additional attention to industry-specific restrictions and representations.

• Alcohol advertising: Promotional claims, sponsorships, audience considerations, and applicable marketing restrictions.
• Cannabis and CBD: Advertising, product claims, disclosures, and platform restrictions.
• Food, cosmetics, and dietary supplements: Labeling, promotional claims, and substantiation.
• SEC Marketing Rule for registered investment advisers: Advertisements, performance presentations, endorsements, and testimonials.
• Multi-level marketing: Compensation-related representations, participant marketing, and earnings claims.
• Business Opportunity Rule: Assessment of applicability, disclosures, and sales representations.
• California Proposition 65: Cancer and reproductive-harm warning considerations, including relevant online-sale disclosures.
• Other regulated products and services: Review of sector-specific advertising requirements and restrictions.

Regulatory Matters & Advertising Disputes

We help clients assess advertising concerns, respond to challenges, and address compliance issues before they expand.

• FTC compliance and defense.
• State attorneys general investigations and consumer protection inquiries.
• National Advertising Division (NAD) disputes.
• Lanham Act claims and competitor advertising challenges.
• False or deceptive advertising allegations.
• Advertising-related contract and content disputes.
• ADA website compliance and defense.

Client Types & Sectors We Serve

Our advertising and marketing practice supports businesses that develop campaigns, sell products, build audiences, and provide the technology behind those activities, including:

• Advertising, creative, media, and digital marketing agencies
• Direct-to-consumer e-commerce brands
• Amazon and other marketplace sellers
• Consumer packaged goods brands
• Travel and hospitality businesses
• Alcohol and spirits brands
• Online gaming and esports businesses
• Dietary supplement, food, cosmetics, and wellness brands
• Cannabis and CBD businesses
• Digital marketers, affiliate marketers, and lead generators
• Media, entertainment, publishing, and creator businesses
• Technology companies, AI providers, and advertising technology businesses
• Subscription businesses and membership platforms
• Financial services businesses and registered investment advisers

Relevant Agencies, Offices & Self-Regulatory Bodies

Our work addresses advertising, marketing, privacy, and brand-protection matters involving a range of regulatory and self-regulatory frameworks.

Government agencies and offices

• Federal Trade Commission (FTC)
• Food and Drug Administration (FDA)
• Consumer Financial Protection Bureau (CFPB)
• Federal Communications Commission (FCC)
• Securities and Exchange Commission (SEC)
• State attorneys general
• State privacy and consumer protection regulators
• United States Patent and Trademark Office (USPTO)

Advertising self-regulation

• National Advertising Division (NAD) of BBB National Programs.
• Electronic Retailing Self-Regulation Program (ERSP).

Discuss Your Advertising & Marketing Legal Needs

Whether you need a campaign reviewed, an agency agreement negotiated, a subscription program assessed, or guidance on using AI in marketing, RICHT provides practical counsel grounded in your business objectives and operations.

Contact RICHT to discuss your objectives, timing, and legal needs.

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