Pricing, Sweepstakes, and Promotional Advertising and Marketing

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Audrey Glover-Dichter  Attorney at Law  Abogada Licenciada

As an Advertising and Marketing lawyer at Glover Dichter, PL, I work with clients in the following industries:

Food and Beverage, Fashion, Technology/Electronics, Toys, Health (vitamins, supplements, etc.),  Cosmetics, Financial, Travel, Communications, E-commerce, and more

PRICING ISSUES:

Just because the ad says “sale,” it may not necessarily meet the legal requirements of a sale.  There are different types of sales that an advertiser may offer consumers such as volume discount, package pricing, clearance, BOGO, etc.  It is up to the advertiser and marketers to prove that “any advertised savings or other promotional offer must offer the consumer a true and ‘unusual’ value or bargain” according to the FTC.  

At Glover Dichter, PL, I work with my clients to ensure that a sale or promotion is truly offering the consumers “unusual value or bargain.”  Given that there are 50 states in the USA, there are 50 different definitions as to what a sale may be that cover local advertisements.  Advertisers and marketers also need to meet the definitions of sale per the Federal Trace Commission, FTC, for national marketing campaigns simultaneously.  I guide my clients through the maze of local and federal laws and regulations to meet the proper definition of sale.

SWEEPSTAKES AND PROMOTIONS:

There is also a different set of regulations covering raffles, sweepstakes, contests, promotions, etc. offered by advertisers.  It is crucial that such regulations be met in order not to be forced to void the raffle, sweepstakes, promotions, or contest.  I help my clients set the parameters of such raffles, sweepstakes, promotions and contests to attempt to avoid potential conflicts and/or confusion, which could lead to unwanted challenges.

I can be reached at 954-736-9787 or at audrey@gloverdichter.com.

I look forward to working with you,

Audrey