Things to Do During COVID-19 – 1

If you find yourself with downtime in your business, then I would like to suggest things to do to minimize your legal risk for false and misleading advertising challenges and/or lawsuits. For the next few days, I will share some of my ideas.  Today I start with the following: Perfect timing to review advertising campaigns […]

NY SHIELD Act

Are you compliant?  The Stop Hacks and Improve Electronic Data Security Act, otherwise known as the SHIELD Act took effect on March 21, 2020.  If you collect private data from NY residents, then the SHIELD Act may apply to you and/or your business.  Private data under the act includes social security numbers, driver’s license number, […]

You v. Competition

Does your marketing compare your product/service with your competitors’? Are your comparisons compliant with Advertising Law? The National Advertising Division (NAD) recently decided a case where a company made comparison claims that it could not substantiate. The company used disparaging language towards its competitors, and the NAD found that “…the denigrating claim is not truthful, […]

Advertising Law Applies to All

Wether you are a for-profit or non-profit entity compliance with Advertising, Marketing and Promotions Law is required. If an organization facilitates charitable giving, then certain disclosures are required. Disclosures such as fees involved, changes of charities that receive funds, any vetting process of charities to receive funds. Also, disclosures as to what happens to the […]

Are You Ready for the NY Shield Act?

NY Stop Hacks and Improve Electronic Data Security Act goes into effect on March 21, 2020, what does this mean for your business? Regardless of the type of business you may have in NY, the Shield Act requires protecting consumers from data breaches.  If your business collects private data such as medical, personal, financial, etc, […]

How to Reach the Hispanic Market

“Marketing to Hispanics is not as easy as it used to be – generations respond to different tactics. Spanish TV ads won’t reach the entire Latin market. They may get to the older Hispanics who watch mostly television, but if you want to target the younger generations, digital content in English and/or Spanish is the […]

B2C and B2B Advertising in Spanish

Here is yet another great reason to advertise in Spanish no matter what product or service you offer. Best business practice is not only to advertise in Spanish, but also have your Spanish advertising campaigns reviewed for legal compliance in Spanish. Whether you do B2C or B2B, your marketing campaigns need to be reviewed for […]

Does “Krab Mix” = real crab?

I love to eat sushi and real crabs, but Krab Mix, not so much given what’s in it.  Hint, it not real crab meat.  A major restaurant chain that offers a sushi menu was recently sued “False and Misleading Advertisement.” The plaintiff alleged the “restaurant baited consumers into buying products with promises of crab, but […]

B2B in Spanish?

“Over the last year, Latino-owned businesses reported an average revenue growth of 14 percent, outpacing the growth of the U.S. economy.” “U.S. Latinos now constitute the 8th largest GDP in the world and Latina and Latino entrepreneurs across America are significant drivers of this uplifting economic result.” Here is another great article on the incredible […]

Do You Trust Facial Recognition Apps?

Not all apps are the same, but the lingering legal question seems to be is using facial recognition apps a violation of privacy? Recently, the NJ Attorney General told “…prosecutors in the state…to immediately stop using the facial recognition app produced by Clearview AI, a secretive New York-based company that claims on its website to […]