Sidley counsels a broad array of clients regarding online and off-line marketing and advertising issues, TCPA (commercial text messages, recorded calls, unsolicited faxes, etc.), CAN-SPAM, telemarketing, Do Not Call, and other consumer protection issues or alleged unfair trade practices, including claims between competitors challenging their respective consumer disclosures or promotional materials.
We routinely counsel clients on the formulation, deployment and ongoing assessment of their consumer disclosures, marketing compliance programs and related contract negotiations. We have also addressed these actions in the adversarial context of proceedings before the Federal Trade Commission (FTC), litigation involving the FTC, individual and group investigations by state attorneys general and in the context of proposed legislation.
We have particular experience addressing the obligations of communications network providers with respect to online marketing and advertising, including behavioral advertising and deep-packet inspection issues.