Marketing Law Archives | Richt Law Firm

Influencer Marketing Marketing Law richtfirm March 24, 2025

Influencer Advocacy Under Scrutiny: Legal Compliance in the Context of the Soda and SNAP Benefits Campaigns

A recent controversy has emerged involving social media influencers who allegedly received payments to advocate against proposed nutritional guidelines for the Supplemental Nutrition Assistance Program (SNAP), formerly known as Food Stamps. This development comes as Health and Human Services Secretary Robert F. Kennedy Jr. considers limiting the use of SNAP benefits for sugary beverages. The …

Marketing Law Terms and Conditions richtfirm March 24, 2025

Recent Developments in Consent to Terms and Conditions: Insights from Dhruva v. CuriosityStream, Inc.

The recent decision by the U.S. Court of Appeals for the Fourth Circuit in Dhruva v. CuriosityStream, Inc. has significant implications for how courts interpret consent to terms and conditions on websites. This case highlights the importance of clear and conspicuous notice in forming enforceable online agreements such as terms and conditions, including those with arbitration agreements. …

Marketing Law Terms and Conditions richtfirm March 16, 2025

Designing Enforceable Terms and Conditions for Websites and Apps

The Emily Wu v. Uber Technologies decision by New York’s highest court has solidified critical standards for enforcing terms and conditions and other digital agreements such as privacy policies, particularly emphasizing the importance of active user consent. The case—which upheld Uber’s arbitration clause despite the plaintiff’s claim that she never reviewed updated terms—serves as a …

The Ultimate Guide to Terms & Conditions Compliance From a T&C's Lawyer

Terms and Conditions richtfirm February 4, 2025

Essential Terms & Conditions Compliance: A Lawyer’s Guide

Terms and Conditions (T&Cs) agreements are the backbone of digital business relationships. They govern user interactions, protect intellectual property, allocate risk, and ensure compliance with laws. However, drafting and maintaining enforceable T&Cs requires precision, customization, and legal expertise. This guide breaks down the essential components, common legal considerations, pitfalls, and the critical role of a …

Marketing Law Online Gaming richtfirm January 11, 2025

The Proliferation of Social Gaming Casinos: Legal Compliance Considerations

Social gaming casinos and sweepstakes operators have been facing increasing legal scrutiny in the United States and beyond. As these platforms continue to gain popularity, it is crucial for operators to understand the complex regulatory landscape surrounding this emerging industry. Listen to AI discussion of this article: Understanding Social Gaming Casinos and Dual-Currency Models Social …

Marketing Law Sweepstakes richtfirm November 21, 2024

Elon Musk’s America PAC Sweepstakes: Legal and Compliance Considerations

While sweepstakes and other promotional laws have been relatively quiet over the last few years, the recent sweepstakes run by Elon Musk’s America PAC in the lead-up to the November 2024 election has sparked significant legal debate and raised important questions about the nature of promotional activities in the political sphere and beyond. This high-profile …

Amazon Seller Law richtfirm July 31, 2024

The Top 5 Amazon Seller Suspension Legal Considerations

As an Amazon seller lawyer focusing on assisting sellers suspended from selling on Amazon, we see firsthand how a suspension is not just a setback; it’s a potential business-ending catastrophe. The shock and the potential for destruction can be so immense that it’s no wonder sellers often panic and make several common mistakes in their …

Marketing Law Terms and Conditions richtfirm May 14, 2024

The Top 5 Terms & Conditions Legal Considerations

Terms and conditions are ubiquitous and are present on almost every website and app that we use. Whether it is our online banking or purchases made via online marketplaces, such as Amazon.com, terms and conditions are present. Terms are so omnipresent that there are websites that monitor their contents and changes, such as Clickwrapped.com as …

Marketing Law Registered Investment Advisers (RIAs) richtfirm May 11, 2024

RIA Hypothetical Performance In The Context Of The SEC Marketing Rule

The SEC Marketing Rule governs a variety of marketing-type activities that registered investment advisers (RIAs) may undertake. Performance marketing, in addition to other types of marketing, such as affiliate marketing, including via endorsements and testimonials as well as third party ratings, are some of the key components that comprise the Marketing Rule. RIA hypothetical performance …

Privacy Law Marketing Law richtfirm February 11, 2024

The FTC’s Enforcement Priorities & How To Ensure Compliance

With technology rapidly evolving and eCommerce and related marketing changing with it, too, the Federal Trade Commission (FTC) under the Chair, Lina Khan, is increasingly taking a comprehensive approach to its equally broad mandate under Section 5 of the FTC Act which prohibits ”unfair or deceptive acts or practices in or affecting commerce.” Some have …

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Category: Marketing Law