Marketing Law Archives | Richt Law Firm

Marketing Law Terms and Conditions Harry Richt July 12, 2025

Legal Risks of Restricting Online Reviews and Lessons from Campaign–Tao v. Uniqlo for Website Terms and Conditions

As e-commerce evolves, so does the scrutiny of website and app terms and conditions. The recent case of Campaign–Tao v. Uniqlo exemplifies the risks businesses face from “opportunistic litigation” targeting technical or ambiguous contract language, especially clauses that attempt to restrict online reviews. This trend, reminiscent of ADA website claims and California Invasion of Privacy Act (CIPA) …

Marketing Law Privacy Law Privacy Policies Terms and Conditions Harry Richt May 13, 2025

Privacy Policies, Terms, and Beyond: A Comprehensive Guide to Your Business’s Essential Online Agreements

In today’s digitally driven economy, online agreements form the critical legal backbone for businesses of all sizes and types. These documents are not mere formalities; they define relationships, manage risks, and ensure compliance in an increasingly complex regulatory environment. While nearly every website or application requires a Privacy Policy and Terms and Conditions, the specific …

Marketing Law Promotions Sweepstakes Harry Richt April 23, 2025

Navigating Legal Pitfalls in Sports-Tied Promotions: SoFi’s “They Shoot, You Score” Campaign

The Intersection of Sports and Promotional Risk As brands increasingly tie marketing campaigns to live sports events—like SoFi’s 2025 NBA Play-In Tournament promotion “They Shoot, You Score”—legal teams must navigate complex compliance frameworks. This analysis explores the legal tightrope of such promotions, using SoFi’s initiative as a case study for businesses seeking viral engagement without …

Terms and Conditions Harry Richt April 9, 2025

Understanding the Role of a Lawyer in Drafting Terms and Conditions

Terms and conditions (T&Cs) are essential legal documents for businesses operating online. They establish the rules governing the use of a website or app, define the relationship between the business and its users, and protect the business from legal risks. While automated T&C generators seem convenient and free or low-cost, they may fall short in …

E-Commerce Harry Richt April 6, 2025

Navigating Tariff Compliance in 2025: Challenges, Strategies, and Future Projections

The global trade landscape entered a turbulent phase in 2025, with the U.S. implementing sweeping tariff changes under President Trump. These policies have disrupted supply chains, increased costs for businesses, and prompted global negotiations. For businesses—especially those in e-commerce—understanding current tariff compliance requirements and preparing for potential future developments is critical to maintaining competitiveness. Below …

Marketing Law Harry Richt April 4, 2025

The Advertising Ecosystem and Corresponding Legal Compliance in 2025

Advancements in technology have made the marketer’s toolbox more effective than ever imagined. However, these advancements have also prompted regulators to enact new laws and increase enforcement to address emerging challenges. As we navigate 2025, businesses must stay informed about evolving advertising regulations to avoid legal pitfalls. The Evolution of Advertising Few sectors have experienced …

Influencer Marketing Marketing Law Harry Richt 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 Harry Richt 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 Harry Richt 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 Harry Richt 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 …

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Category: Marketing Law