Advertising Law Articles

Episode 15 – Games for Promotions and Daily Fantasy Sports

Episode 15 – Games for Promotions and Daily Fantasy Sports

The newest trend is daily fantasy sports.

Taking a step back, what makes a game used in promotion not gambling?  And what, then, makes a daily fantasy sports business model not gambling?

In order to use a game for promotion, the sponsor of the game must remove one of three key elements of the game:

  • Chance
  • Prize
  • Consideration

So, daily fantasy sports like Draft Kings and Fan Duel must be able to do that in order to run a non-gambling game.

But those games also must have a set of rules and must also be run fairly, with a level playing field.

Would you like to run a game in order to promote your business?  Call or send an e-mail.  914-358-6401 or anthony@vernalaw.com

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Episode 14 – The sale of 4chan and Internet Privacy

Episode 14 – The sale of 4chan and Internet Privacy

In Episode 14 of the “Law & Business” podcast, Anthony and Oz Sultan (Sultan Interactive Group LLC) talk about the sale of 4chan and how that intersects with Internet privacy.

Internet privacy is an oxymoron. Any website that is accessible for free means that there’s a product involved. (In this particular case, it is the services of Verna Law, P.C.) In many cases, if there is user-generated content, the content and the user are the products. Meaning that the website can only monetize by keeping track of the users and understanding the users’ behavior, and, ultimately, selling that information to other websites that need the same information.

Oz Sultan

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FTC Enforcement of Unfair and Deceptive Advertising in a Crowdfunding Campaign

The Federal Trade Commission (FTC) has brought its first successful case against a crowdfunded company for unfair and deceptive advertising. Section 5 of the FTC Act (15 U.S.C. §45) prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.’’  The prohibition applies to all persons and companies.  Frankly, most cases the FTC brings for […]

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What is a Sweepstakes Parlor?

An Internet sweepstakes parlor is an establishment that offers games of chance with prizes in conjunction with other services, like Internet access or telephone cards.  Although often seen as gambling, owners of sweepstakes parlors claim to be operating under...

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Law & Business Podcast Episode 36: MillerCoors sues AB InBev (Anheuser-Busch Companies, LLC) over “corn syrup” campaign

In Episode 36 of the "Law & Business" Podcast, Anthony and producer Marc Sterne talk about the MillerCoors lawsuit against AB InBev over its "corn syrup" campaign, which started during the Super Bowl. This episode (minisode? miniwebisode?) was recorded at Chatter...

Anthony Verna makes a Guest Appearance on The Bringing Business to Retail Show

On Episode 162 of "The Bringing Business to Retail Show" with Salena Knight, Anthony Verna makes a guest appearance to talk about the legal implications of running a promotion. Grow your retail business and blitz your competition by learning business strategies from...

Yes, the Federal Trade Commission Issues Fines for Advertising Violations

Over time, the FTC has settled with several companies for advertising violations. So, yes, the Federal Trade Commission does fine companies for advertising violations.  These advertisements were deceptive and misleading in various industries.  Usually, those...

Webinar: Loyalty Program Issues

Webinar: Loyalty Program Issues I spoke with Angel Quintana of Holistic Fashionista in a recorded web chat on loyalty program issues.  Businesses need to be crystal clear in our terms and conditions, what we're actually selling, what is NOT included,...