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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22 Exciting Giveaway Ideas for Small Businesses and Legal Issues

22 Exciting Giveaway Ideas for Small Businesses Giveaways are an effective way for small businesses to boost engagement, drive traffic, and increase brand awareness. Here are 22 creative giveaway ideas to help your business grow. Verna Law, P.C. focuses on advertising...

What are the Issues in a False Advertising Lawsuit?

What are the issues in a false advertising lawsuit? Verna Law, P.C. handles false advertising lawsuits.  If you have an issue with competitors' advertising about your product, please contact us at 914-908-6757 or anthony@vernalaw.com  As a competitor or a consumer,...

What are Some FTC Guidelines for Social Media Influencers?

What are some FTC guidelines for social media influencers? The Federal Trade Commission (FTC) updated guides about the endorsements for social media posts. These updated guidelines aim to protect the public from deceptive and unfair business practices, offering...

Free Advertising – What does the FTC Think?

Free Advertising - What does the FTC Think? "Free" offers in advertising are governed partially by the FTC Act in the United States.   The offer of “Free” merchandise or service is a promotional device frequently used to attract customers. Providing such merchandise...