Consumer Reviews & Advertising


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Course Description

This program was recorded on March 26, 2021

Consumer reviews are an important source of information that consumers use when deciding what products and services to buy. Advertisers understand this, and not surprisingly, consumer reviews have become an important part of the advertising ecosystem. As a result, regulators and others have asserted that the misuse or mischaracterization of consumer reviews can cause serious harm to consumers. In December, the FTC’s closing of its investigation into a consumer review moderation tool both signaled that the misuse of consumer reviews is still a top FTC priority and provided new guidance on best practices for moderating and hosting consumer reviews. This webinar will provide an update on the latest guidance from the FTC and the NAD about the use of consumer reviews.

Speaker Bio
1 General Credit
Course Agenda

Attorney Jeffrey A. GreenbaumJeffrey A. Greenbaum
Managing Partner of Frankfurt Kurnit since 2010, Jeffrey A. Greenbaum is one of the country’s leading advertising lawyers. He is a partner in the firm’s Advertising, Marketing & Public Relations Group and has extensive experience representing advertisers, advertising agencies, and media companies on advertising, branded entertainment, and intellectual property matters. He is also the Chairman of the Global Advertising Lawyers Alliance, a network of independent law firms around the world with expertise in advertising law. Best Lawyers in America has twice named him “Advertising Lawyer of the Year” for the New York metro area. In addition, in 2019, he was named “Copyright Lawyer of the Year” for the New York metro area.

Mr. Greenbaum advises clients on a wide variety of advertising-related matters, including advertising regulation, rights clearance, agency/client contracts, production contracts, e-commerce, consumer privacy, social media, sweepstakes and contests, union issues, network clearance, and global advertising clearance. He also regularly represents advertisers in connection with advertising litigation, including federal, state, and local regulatory investigations, as well as before the National Advertising Division and other self-regulatory organizations.

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Attorney Jessica CarballoJessica Carballo
Jessica Carballo is an associate in the Advertising, Marketing & Public Relations Group.

Ms. Carballo handles a variety of transactional matters for brands and agencies, including commercial production agreements, talent agreements, creative services agreements, music and content licenses, and media agreements. She also regularly advises clients on IP clearance, advertising copy, and claims substantiation.

Prior to joining Frankfurt Kurnit, Ms. Carballo was an associate in the corporate groups of Cooley LLP and Goulston & Storrs PC. She has experience advising clients in a broad range of corporate and intellectual property matters, including project financing, licensing, privacy, and trademark clearance.

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Attorney Terri J. SeligmanTerri J. Seligman
Terri J. Seligman is the Chair of the Advertising, Marketing & Public Relations Group at Frankfurt Kurnit. Ms. Seligman is a leader in the advertising law community.

Recognized as a “Leading Lawyer” in The Legal 500, Ms. Seligman also regularly appears in Best Lawyers, Chambers USA America’s Leading Lawyers for Business and Super Lawyers magazine. She was also the only law firm partner selected by New York Business Journal for its inaugural “Women of Influence Awards,” honoring business women who stand out both for their achievements in the marketplace as well as their commitment to community and mentoring.

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1 General Credit

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Course Agenda

  1. FTC Endorsement
  2. Guide requirements
  3. Soliciting consumer reviews
  4. Using reviews in advertising
  5. Using incentivized reviews and necessary disclosures
  6. Getting into trouble using fake reviews
  7. Developing claims based on consumer reviews and aggregated reviews
  8. The use (and abuse) of reviews on third party sites
  9. Properly hosting and moderating consumer reviews on your website
  10. Restrictions on prohibiting negative reviews
  11. Responding to reviews
  12. Tension between regulatory, self-regulatory, and legal standards
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