Mobile and cell phone marketing is the new frontier of direct marketing, but with a number of substantial bonuses that direct mail or telemarketing can rarely achieve.

• Superior ability to micro-target and enhance ROI tracking
• Full access anywhere, anytime the customer has their cell phone, PDA or other mobile computing device with them
• The opt-in nature means customers actually want to receive the information provided

Text messaging (short message service (SMS)) is the most widely used application on the planet. Text messages deliver premium rate services to subscribers, such as televoting, and digital content such as news, financial information, and ring tones.  Click here to listen to Andrew Lustigman's podcasts on Mobile Marketing and the Law

SMS is a boon to promotional marketers because of its ability to provide mobile phone validation for unique prize codes in instant-win promotions and text-n-win campaigns. Events promoters benefit from the ability to provide event-specific marketing to an opted-in audience.

But just as mobile and cell phone marketing provide unique opportunities to maximize marketing reach, so too do they provide unique areas in which legal challenges can arise, particularly with the FTC and FCC and private plaintiffs.

Don't risk having your innovative mobile marketing strategy end up in a regulatory investigation or in litigation. Contact The Lustigman Firm to talk directly to an advertising law attorney regarding the rules and regulations that affect mobile marketing.

We Know Our Way Around

Attorney Andrew Lustigman is a frequent contributor to Mobile Marketer, one of the leading industry publications. He speaks at mobile industry meetings and conventions, providing legal insights to mobile marketers, mobile phone companies, ad agencies, and suppliers across the U.S. and Canada.

The Lustigman Firm can assist your company with:

• Review of direct marketing mobile campaigns for compliance with local, state, and federal laws and regulations regarding privacy and data practices, required disclosures, and financial consideration
• Legal advice on opt-in / opt-out
• Structuring and drafting rules for sweepstakes and promotions such as SMS trivia promotions, mobile marketing SMS and Premium SMS sweepstakes promotions, as well as interactive game promotions with instant-win components
• Defense of single and complex multi-state attorney general actions and investigations (NAAG) involving mobile promotions

Mobile marketing is an evolving part of an increasingly integrated marketing environment. The full scope of the challenges involved in working in this environment is not yet fully known. It pays to have an experienced lawyer. Contact The Lustigman Firm at (212) 683-9180 to speak directly to a knowledgeable marketing attorney.