New Telemarketing Liabilities for Franchisors and Businesses Marketing in Texas

Linda A. Goldstein | Baker & Hostetler LLP

Linda Goldstein is widely recognized as one of the leading advertising lawyers in the country. She regularly provides advertising counsel and regulatory advice to leading Fortune 500 and Fortune 100 companies in many different product and service categories, including telecommunications, wireless, retailing, publishing, entertainment, digital media, gaming, food and beverage and financial services. She represents clients in investigative and enforcement proceedings brought by the Federal Trade Commission, state attorneys general, district attorneys and other federal and state agencies with jurisdiction over advertising and marketing practices, and she has handled some of the highest-profile matters, setting industry precedents.

Immersed in all aspects of the digital media ecosystem, Linda spends much of her time advising clients on how to minimize the legal risks associated with mobile marketing, e-retail, online communities, social influencers, native advertising, email and telemarketing, sweepstakes and contests, fantasy sports leagues and casual gaming. Linda also advises clients on matters involving the intersection of blockchain and cryptocurrency with advertising and marketing issues. In particular, Linda’s in-depth experience allows her to combine her general knowledge of the regulatory restrictions governing all advertising with the specific rules and regulations governing cryptocurrency products and services.

As a result of her breadth of knowledge and extensive experience, as well as her grasp of the legal climate, Linda is regularly called upon by national, business and trade publications to share her knowledge of the advertising and marketing industry. Linda’s commentary has appeared in The New York Times, The Wall Street Journal, CNBC, NBC’s TODAY Show, Advertising Age, Electronic Retailer Magazine and the National Law Journal. Linda is a regular participant at prominent business and legal conferences throughout the country, including the Brand Activation Association, International Trademark Association, Performance Driven Marketing Institute, Personal Care Products Council, American Conference Institute and Practising Law Institute.

• Advised a major media company on the rules and regulations governing cryptocurrency advertising and developed advertising guidelines and standards for acceptable advertising.
• Advised a major media company on the rules and regulations governing cryptocurrency advertising and developed a comprehensive set of advertising guidelines setting forth the requirements for such advertising.
• Represented a leading social network in a landmark case brought by the FTC involving the application of the FTC’s Testimonial and Endorsement Guides to social influencer networks.
• Represented major entertainment companies in an industrywide class action challenging text message sweepstakes as violative of federal and state lottery laws.
• Handled the first and several following cases brought by the FTC against companies engaged in negative option marketing under the Restore Online Shoppers’ Confidence Act, which applies to all online transactions involving any type of free trial, automatic renewal or continuity shipment program.
• On behalf of a leading wireless carrier, successfully challenged a competitor’s national campaign, requiring the competitor to discontinue the entire campaign.
• Successfully represented a leading online tax preparation service in a Lanham Act suit brought by a competing brick-and-mortar company.
• Advised a leading video game publisher in connection with the establishment of an e-sports tournament and related community-sponsored tournaments.
• Represented a major sports league in connection with its participation in Fan Duel and Draft Kings daily fantasy games.
• Represented a major telecommunications company in a multistate state attorneys general action, which established industrywide standards for marketing of wireless services.
• Represented leading publishers in a multistate state attorneys general action challenging the companies’ practices of automatically renewing subscriptions.
• Advised a national online retailer in connection with the development of its entire pricing structure and pricing programs.
• As former chair of the board of directors of the Electronic Retailing Association, played a key role in the development of the organization’s electronic retailing self-regulation program, a self-regulatory mechanism for resolving inquiries regarding the truthfulness and accuracy of direct response advertising claims.
• Played a key role in developing public policy positions for the Brand Activation Association on a variety of promotion-related issues and has advocated for the industry’s agenda in the legal, legislative and regulatory arenas.

Hayden Schottlaender | Perkins Coie LLP

Hayden Schottlaender is an experienced litigator who represents leading global technology companies in a broad range of complex legal cases. He has advised clients nationwide through every stage of litigation, including pre-dispute investigations and communications, discovery, briefing and arguing dispositive motions, trials, and appeals.

Hayden primarily represents companies in class-action data privacy litigation. He has significant experience defending against claims of unfair competition related to data collection practices, as well as actions brought under various state privacy laws, including the California Invasion of Privacy Act and the Illinois Biometric Information Privacy Act. He has also been a recognized adviser on the Texas Telephone Consumer Protection Act, assisting numerous clients with compliance and contributing to publications and panels.

Informed by a two-year secondment with Twitter’s legal team, Hayden frequently litigates privacy and free speech issues related to electronic communications and online activity. He advises on content moderation policies and decisions and has litigated novel cases in the United States involving Section 230 of the Communications Decency Act and First Amendment protections for platform editorial decisions and user anonymity. Hayden also counsels online platforms on compliance with the Stored Communications Act and the Electronic Communications Privacy Act, helping the largest global platforms navigate digital search, seizure, and disclosure requests from civil litigants, regulatory bodies, and law enforcement.

In addition to his work for technology clients, Hayden regularly handles trade secrets disputes across several industries in Texas, including semiconductor manufacturing, mortgage lending, and consumer goods. He works quickly to protect and recover corporate data, customer lists, and other sensitive information.

Hayden is a Certified Information Privacy Professional designated by the International Association of Privacy Professionals.

Session I – Texas SB 140: New registration requirements for marketing texts and compliance strategies | 1:00pm – 2:00pm

• What companies may be exempt from registration?
• The staggering penalties associated with failure to register
• Whether companies are required to register if they only send texts to consumers who have expressly consented to receive those texts

Break | 2:00pm – 2:10pm

Session II – SB 140 and Beyond: How Texas’ new telemarketing law and the evolving regulatory landscape is reshaping marketing compliance | 2:10pm – 3:10pm

• Understanding the key requirements of Texas SB 140: A deep dive into the scope and key requirements of Texas’ new telemarketing laws
  • Expanded definitions of telephone solicitation
  • Consent and disclosure obligations and enhanced private right of action
• Emerging regulatory and enforcement trends
  • Recent state laws and attorney general action
  • FTC and FCC enforcement and recent cases and settlements are impacting marketing compliance
• Practical guidance and best practices for marketers
  • Strategies and frameworks to help marketing teams and their counsel manage compliance across a patchwork of state laws
  • Practical guidance and best practices