Privacy Law Attorneys in New York

Privacy Issues in Advertising and Promotions

The privacy law attorneys at Olshan provide legal guidance to advertising, promotions, marketing and business clients in the United States and Canada. We help ensure our clients understand and plan for the privacy implications of advertising and promotional campaigns, in affiliate programs and online payment processing.

Whether your advertising campaign or sweepstakes promotion is delivered through e-mail or telemarketing, via cell phone message, on a social media website, or by direct mail, there is a growing body of legislation defining how you may gather, store, share and use data about your target audience.

Don’t risk fines, business interruption, or years of litigation by rolling out a campaign without understanding what privacy law requires. Contact Olshan to talk directly to a privacy lawyer. Our experienced privacy law attorneys draft and review privacy policies and counsel clients on compliance with privacy laws, including the following:

• The Restore Online Shoppers’ Confidence Act of 2010 outlines privacy rights of consumers regarding information sharing via data pass (in which an online consumers' credit card or debit card information is automatically transferred from the site at which the consumer made a purchase to a third party for an upsell). The ROSCA bars sharing of payment information and requires that various disclosures be made to the consumer. See our blog post on advance consent marketing to learn more.
• The Gramm-Leach-Bliley Act (GLB) protects the privacy of financial data. It affects companies that provide financial services and products. If you are not a financial institution but you receive marketing leads from a covered institution, this will affect you as well.
• The Health Insurance Portability and Accountability Act (HIPAA) protects individually identifiable health information held by or disclosed by a covered organization. Use of protected health information for marketing purposes requires a separate opt-in authorization.
• The Children’s Online Privacy Protection Act (COPPA) and the California Online Privacy Protection Act (OPPA) both relate to the collection of private information on the Web. They are directly applicable to all online marketers.
• The California Spyware Act of 2005 effects the collection of consumer usage data and software deposited within a user’s computer. This can affect not only spyware, but also legitimate adware.
• The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) regulates commercial e-mail used to sell a product or service and covers both business-to-business as well as business-to-consumer e-mails.
• The Telemarketing Sales Rule (TSR) regulates telemarketing calls for the purchase of goods or to solicit a charitable contribution. It regulates how credit card information can be processed and the Do Not Call registry.
• The Telephone Consumer Protection Act also regulates telemarketer's efforts, and gives consumers the right to file lawsuits over certain unwanted telephone calls and faxes.
• The California Disclosure of Personal Information to Direct Marketers Act covers non-financial companies that disclose customer information to a third party.

The Restore Online Shoppers’ Confidence Act is only the first of a number of similar pieces of legislation that will affect how online retailers interact with their customers and with their marketing affiliates. Watch our blog — advertisinglawblog.com — for continual updates in the area of privacy law. You can also join our newsletter mailing list to receive updates on privacy matters from our marketing and advertising lawyers.

Understand which laws affect your business. Contact the privacy law attorneys at Olshan.