Hot Topics in Advertising 2012: Enforcement

Synopsis

This program covers recent developments in the enforcement of laws governing advertising and marketing, including actions against advertisers for false or misleading claims. The panel features experts on the U.S. Federal Trade Commission, New York State consumer laws and actions, New York City requirements, and the National Advertising Division of the Council of Better Business Bureaus.



Outline

I. Hot Topics in Advertising 2012: Enforcement 
    A. Federal Trade Commission Update 
        1. Enforcement of Advertising Laws 
        2. Clinical Studies 
        3. Medical Product Claims 
        4. Penalties for False Claims 
        5. Certifications Are Endorsements 
    B. New York State Consumer Frauds & Protection 
        1. NY Consumer Laws and Priorities 
        2. Mortgage Foreclosure Actions 
        3. False Advertising and Attorneys 
        4. Health Care Fraud 
        5. Internet and Marketing Fraud 
    C. New York City Consumer Affairs
        1. 78,000 Business Licenses 
        2. Consumer Financial Literacy 
        3. Advertising Requirements 
        4. Cash For Gold and Other Claims 
    D. National Advertising Division 
        1. NAD Investigates Advertising 
        2. “But the Sign Says…” 
        3. Competitor Challenges 
        4. Advertising on Social Media 
        5. Consumer Perception Studies



Content Provided
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The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.

 





Speakers / Authors:

Photo of Jane M. Azia

Jane M. Azia

Jane M. Azia is the Chief of the Bureau of Consumer Frauds and Protection in the Office of the New York Attorney General. 

From April 2007 through April 2011 she served as the Director of Non-Depository Institutions and Consumer Protection for the New York State Banking Department where she was responsible for ensuring compliance with applicable consumer protection laws and that consumers have access to and receive financial products and services that are fair and not predatory. 

Prior to joining the Banking Department, Jane worked for nearly 25 years as an Assistant Attorney General in the Office of the New York Attorney General in the Consumer and Internet bureaus. She has worked on a wide range of consumer issues, including predatory lending, credit and financial services, advertising, retail sales, health care, insurance, product safety, housing, telecommunications, telemarketing, food and drugs, privacy and online services.

Ms. Azia obtained a B.A. in 1973 from Northwestern University. In 1977 she earned her J.D. from New York University School of Law.

Photo of Rebecca L. Griffith

Rebecca L. Griffith

Rebecca L. Griffith joined NAD in June 2010. Prior to joining NAD she practiced law at Day Pitney LLP in New York City, where she concentrated on branding and intellectual property protection and counseling clients regarding trademark, copyright and advertising law. While at Day Pitney, Rebecca’s practice included trademark clearance, prosecution, and licensing, as well as trademark and copyright infringement litigation in the federal courts, proceedings in the United States Patent and Trademark Office and appeals in the United States Copyright Office. Ms. Griffith is co-chair of the Trademark Committee of the New York State Bar Association

Ms. Griffith has represented domestic and international clients in a variety of industries, such as consumer products, technology, pharmaceutical, not-for-profit, financial services, fashion, media/entertainment, publishing, software, hospitality and travel, textiles, food and beverage. She also worked as a litigator at Fried, Frank, Harris, Shriver and Jacobson LLP and at the intellectual property law firm Ladas & Parry LLP.

Ms. Griffith is admitted to the bars of New York State, and the Southern and Eastern Districts of New York. As a law student she interned for the Honorable Maryanne Trump-Barry, then of the District of New Jersey. 

Rebecca earned her B.A. in English literature, cum laude, from the University of Pennsylvania, and her J.D. from New York University School of Law.

Photo of Deborah A. Marrone

Deborah A. Marrone

Deborah A. Marrone is the Assistant Regional Director for the FTC’s Northeast Region. Deborah has been with the FTC since 2003, first as an attorney advisor to Commissioner Pamela Jones Harbour, advising her on consumer protection issues including privacy and national advertising issues, then as a senior staff attorney with the Northeast Region. As a staff attorney she worked on cases involving the FDCPA, the Do Not Call Rule, and deceptive advertising. 

Before joining the FTC, Deborah was in private practice with the law firms of Kaye Scholer, LLP and Pitney Hardin, where she worked on a wide range of complex civil litigation matters.

Deborah graduated magna cum laude from Georgetown University and cum laude from Harvard Law School.

Photo of Marla A. Tepper

Marla A. Tepper

Marla Tepper is the General Counsel and Deputy Commissioner of Legal Affairs for the City of New York, Department of Consumer Affairs. Ms. Tepper serves as the senior legal advisor to the Commissioner and also oversees the Department’s large-scale litigation. Her strong record of consumer protection and civil rights enforcement on local, state, and federal levels help ensure New York City’s consumers and businesses benefit from a fair and vibrant marketplace.

 

In addition to her duties as chief legal officer, Ms. Tepper oversees the Department’s Legal Services and Research and Investigations Divisions, spearheading these Divisions’ enforcement and advocacy work. She leads the Agency’s major investigations of consumer fraud in debt collection, auto sales and sweepstakes, employment offers, home improvement, and more. Ms. Tepper is also actively engaged in educating consumers and businesses about the law through public forums and seminars.

Ms. Tepper came to DCA after eight years as an Assistant U.S. Attorney for the Eastern District of New York where she developed, investigated and prosecuted civil rights cases in housing, lending, employment discrimination, disability, education, nursing home reform, prison reform and voting rights. She won the Department of Justice Civil Rights Division Commendation in 2003 and its Special Achievement Award in 1999. She also taught housing discrimination as an adjunct professor at New York Law School.

From 1984 to 1996, Ms. Tepper was a New York State Assistant Attorney General, first in the Litigation Bureau, then in the Civil Rights Bureau, where one of her responsibilities was to lead a state agency task force on affirmative action. In 1989, she was promoted to section chief in the Consumer Frauds and Protection Bureau, supervising staff attorneys as well as continuing to investigate, litigate and negotiate cases in deceptive advertising, health care, predatory lending, insurance and Internet fraud, among others. She began her career in the criminal appeals bureau of the Legal Aid Society of New York.

Ms. Tepper received her B.A.from Brooklyn College of the City University of New York and received her J.D. from Georgetown University Law Center.

 

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Details

Course Code : 773114

Release Date: 6/24/2013 12:00:00 AM
Length: 1hr 37min
Format Type: Video
Recorded Date: 10/17/2012

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