By Kyle-Beth Hilfer, Esq
of Counsel Collen IP

A new set of legal standards now governs advertising in the digital space. Earlier this year, the FTC released its revised “.Com Disclosures: How to Make Effective Disclosures in Digital Advertising”, setting new standards for making disclosures on space-constrained website, social media, and mobile platforms. The new guides put a clear burden on advertisers to ensure that consumers understand brands’ offers. In addition, the FTC clearly indicates that advertisers must account for new technologies in deciding how to make clear and conspicuous disclosures.

Applying basic principles of truth in advertising, the FTC’s new guides delve into the mechanics of making disclosures to prevent an advertisement from being unlawfully deceptive, false, or unfair. Advertisers have increasingly relied on hyperlinks, hashtags, scrolls, and popups to make disclosures in mobile space, banner ads, tweets, and other social media posts. In its revised guides, the FTC reasserts that these digital techniques must meet a clear and conspicuous standard to be compliant with the law and goes further than it ever has to scrutinize the details of making disclosures in space-constrained advertising.

The guides emphasize flexible advertising designs that are appropriate for each platform. They enumerate the following specific advice:

• Optimize advertising so that disclosures are “unavoidable”, regardless of the device or platform, particularly mobile devices.
• Consider proximity in determining whether a disclosure has been made clearly and conspicuously.
• Do not rely on sending consumers from social media to a website if goods may be purchased at bricks and mortar locations.
• Do not use pop-ups to make disclosures.
• Label hyperlinks in an  “obvious” manner that emphasize their importance and place them right next to the claim.
• Avoid any advertising design that has excess blank space, requires scrolling in any direction, or clicking through to multiple screens, particularly on mobile devices.
• Do not rely on generic link shorteners, or vague hashtags (e.g. #SPON for sponsored).
• Communicate all disclosure information within a single tweet or post.
• Design social media advertising for republication so that consumers do not accidentally truncate the disclosures.
• Make all disclosures and conspicuously prior to a consumer adding any good or service to his shopping cart.
• Beware of distracting elements that interfere with the disclosures’ visibility.
• Make disclosures in clear, succinct, and easy to understand transparent language.
• Avoid prechecked boxes to obtain affirmative consent from the consumer.
• Engage in “reasonable monitoring” of the marketplace to ensure that consumers see and understand disclosures.

The FTC guides clearly state that technological limitations are not a defense to false or deceptive advertising charges. Even as new, smaller technologies appear, (e.g. smartwatches), the FTC will continue to hold advertisers to these standards. If digital advertisers find compliance difficult because of the complexity of the goods or services or space constraints, the FTC offers succinct advice: don’t run the advertising.

The FTC’s ultimate test of compliance is whether the “information intended to be disclosed is actually conveyed to consumers.” Undoubtedly, the FTC will start enforcing its new guidelines within the year. Now is the time for advertisers to audit their advertising with legal counsel. The audit should determine the necessary disclosures, examine current disclosure strategies, and analyze changes needed to minimize risk.

An advertiser may need to overhaul its disclosure practices to comply with the revised Dot Com guides. In the end, however, the advertiser will not only have proactively reduced risk, but it will also have seized the opportunity to enhance the brand’s reputation for candor and sincerity.

_____________

DISCLOSURE: This article does not constitute legal advice. If you have specific questions about how to interpret the FTC’s new “.Com Disclosures” guidelines, please contact Kyle-Beth Hilfer, Esq. at kbhilfer@collenip.com.

2013 BIG W AWARDS PROGRAM GUIDE

The Big W Gala program. A real page-turner!

Submit your ad now!

There’s a little secret smart marketing people know. When they place an ad in the Big W Gala program it’s guaranteed to get read. And not by just anyone.

Advertising in the Big W Gala program gives you exclusive access to a captive audience of some of the most influential business leaders in Westchester, Fairfield, Rockland and Putnam counties. Leaders who need design firms, printers, pr agencies, writers, and support vendors. And who will use our program as a resource guide all throughout the year.

Don’t miss out! Space goes quickly.

E-mail hi res b&w pdf to: info@acw.org.
Mail check, payable to Advertising Club of Westchester to P.O. Box 82, Bedford, NY 10506

Material Due: May 13.

Big W Gala: Grab a seat. Or 10!

Nearly an entire year has rolled by since our last Big W Gala. And you know what that means. It’s ticket time!

Once again, the festivities will take place at the wonderful Abigail Kirsch at Tappan Hill. This year the awards banquet is on Wednesday, June 5, 2013 from 6 pm to 9:30 pm.

The price is still right!

Whether you want a single ticket or several, or are hosting a small crowd, simply complete the attached form and return it by May 24^th. Download Gala reservation form

Any questions? Email us at info@acw.org

Do you ever feel like Google Analytics could be a great marketing tool…if you only knew how to use it?

Help is on the way!

Please join us for a business altering presentation:

Pricing: $35 members, $50 non-members, $10 students.

Presenter Jann Mirchandani of Marketing Café, will help you understand exactly how to tap into the wealth of available data and catapult your marketing forward.

Find out:
-          What you can tell about the visitors who come to your site
-          How to build your traffic sources
-          How Google Analytics can positively impact your social media
-          How Google Analytics can help you develop your content strategy

More event details coming soon. Watch for them.

About Jann Mirchandani
Jann is the principal and creative engine behind Marketing Café. An award-winning website designer, Jann specializes in online marketing strategy and implementation for small and mid-sized businesses and nonprofits. Jann marries her 20-plus years of marketing experience with the technical expertise needed to execute online marketing strategies for the real world.

ITS BIG W Time!

DEADLINE EXTENDED!

Prepare your entries before the MARCH 29, 5:00pm (new) deadline and avoid the late fees! Make sure your 2013 membership dues are paid up to take advantage of reduced membership entry fees and event reservations. All entries must be accompanied by an entry form.

Download the 2013 Big W Call To Entry
Note, you can complete the entry form on your computer and save the file before you print and submit.

Send Entries to:
W@tercooler 21 N. Broadway, Tarrytown, NY 10591
(Located on Route 9, above Mr. Nick’s Brick Oven Pizza)
Hours: Mon. – Fri. 9:00 a.m. – 5:00 p.m.

Questions?
Email: info@acw.org or call: 914-202-3116.

GOOD LUCK!!!

BACK FOR A THIRD SUCCESSFUL YEAR!

The Journal News’ 2012 Give and Grow program is designed to benefit local charities and non-profit organizations by giving them what they need most – a way to get their message out. While we provide the medium, we want you to select the charity and create the message.

We’re calling on all the great talent we have at local agencies throughout the area to pick the non-profit of their choice and design a compelling message that will raise awareness of – and involvement with – that organization.

• Pick an organization that you, as a company, want to represent.
• Design a 1/2 page ad [10” x 10”] that best represents what that organization is about and what they need.
• Between July 2012 and February 2013, The Journal News will run all one ad pro-bono, on a weekly basis. Space reservation is on a first come first serve basis.
• Please submit 2 versions of your ad: full-color and black and white. Please note: color positions cannot be guaranteed.
• At the bottom of the ad, your agency will be recognized as one of our Give and Grow partners, and you’ll receive credit for the creative, giving your business free exposure.
• In April 2013, a panel of independent judges will evaluate the ads and one Grand Prize and two runners up will be chosen.
• All winning agencies will be awarded at the BIG W awards ceremony in June 2013.
• Limited to the first 20 agencies to sign up with their beneficiary.

All ads must be submitted electronically in hi-res pdf format to:
Chris Gaughan cgaughan@lohud.com
914.694.5367

Thank you to our panelists who generously gave their time sharing their expertise and real world experience with over 50 guests at Heineken’s White Plains headquarters: Betsy Paynter, Social Media Manager, Heineken USA, Jon Chattman, The Music Conservatory, Linda Rey, Rey Insurance, Kyle Beth Hilfer, Esq. Of Counsel, Collen IP, Bridget Gibbons, Gibbons Digital, Chris Cornell, Westchester Social Media and our moderator Kris Ruby, Ruby Media Group.

A special thank you to Christina Rae of Buzz Creators for helping us secure such a wonderful venue and Heineken for being such generous hosts.

Practical dos and don’ts for using social media effectively in your business.

We would like to thank Heineken USA for offering their new LEED Gold space for this meeting!

Date:
Wednesday, October 24, 2012, 6:00 – 8:30 pm

Location:
Heineken USA

White Plains, NY 10601-1882

Agenda:
6:00-7:00 pm, Cocktails and hors d’oeuvres
7:15-8:15 pm, Panel discussion
8:15-8:30 pm, Questions and Answers

The Panel:
The Corporate Giant:  Betsy Paynter, Social Media Manager, Heineken USA
The Not-For-Profit:  Jon Chattman, The Music Conservatory
The Independent:  Linda Rey, Rey Insurance
The Lawyer:  Kyle Beth Hilfer, Esq. Of Counsel, Collen IP
The Guru:  Bridget Gibbons, Gibbons Digital
The Disseminator: Chris Cornell, Westchester Social Media

Our Moderator:
Kris Ruby, Ruby Media Group

– CLOSED –

ORDER DUPLICATE AWARDS AND CERTIFICATES

FOR YOUR CLIENTS AND YOURSELF

DEADLINE: July 30, 2011.  We will not accept any orders after that date.

Certificates will be reprinted exactly like the original.  No changes can be made.

Be sure to include the entry title and category.

The Big W Awards is the largest competition of its kind in Westchester County, and has been a centerpiece of the Advertising Club of Westchester’s activities for most of its 41 years in operation.  The winning pieces were put on display for the attendees to view, and shown during the awards ceremony.

“We had had 43% more entries and 33% more winners than in years past and it was the largest attended events in recent years!  Congratulations to all of the winners – keep up the great creative work!” said Cathy Pinsky, Event Chair and Board Member of The Advertising Club of Westchester.  ”The Big W Awards are a top honor for advertising, marketing, public relations and other creative professionals in the area.  This is the most exciting time of the year for us as the host of the Big W competition.”

The winners were determined by a group of 12 industry-related judges who reside in the tri-state area. The judges, each an expert in his or her designated field, chose winners for gold, silver, and bronze awards.

The Norman Liss Award for Public Service is presented annually to the most outstanding entry in the public service categories.  The Best of Show Award is presented to the most outstanding entry in all categories.  The People’s Choice Award is voted by peers during the gala.

Best of Show
Co-Communications
T.A.G You’re It for the Westchester Children’s Museum

Norman Liss Award for Public Service
DesignWorks NY, LLC
Give & Grow Ad for My Sisters’ Place

People Choice
Ruby Media Group
Public Relations Campaign for Advanced Dentistry of Westchester

Journal News Give and Grow

1st Place: Tie:
Heeling Autism, TFI Envision
Child Abuse Prevention, DDR Public Relations and Amsterland

2nd Place:
My Sister’s Place, DesignWorks NY, LLC

3rd Place:
Leukemia & Lymphoma Society, Berlin Productions

Other Award Winners included:
341 Studios, LLC
AKA
Amsterland
Berlin Productions
Black Forest Communications
Co-Communications
Create & Associate
Cubism Group
Cullinane, Inc.
Curtis Instruments
DesignWorks NY, LLC
DDR Public Relations
ENT Allergy & Associates
Fast Forward Communication
Fyne Lyne
Gray Graham
Harrison Edwards
Integrated Medicine
jodyandlane Creative Communications
Karen Morstad & Assoc.
L.A.I. Communications
LF O’Connell Associates
Little Big Brands
Margaret Fox & Tim Grajek Photography & Design Partners
Marketing Cafè
MSM DesignZ, Inc.
Pace University PLV
Palace Productions
Roher Sprague Partners
Ruby Media Group
S. Kloos Communications
Salt Pond Creative
Successful Events
TFI Envisions, Inc.
The Byne Group
The Inner Group
Thompson & Bender
Time Line Video
Today Media
Today Media Custom Communications
Westchester Medical Center
Wild Frog Studio

The 2012 Big W Gala and Banquet was sponsored by Abigail Kirsch, The Best of Show Award was sponsored by The Journal News, the cocktail hour was sponsored by The Daily Connect, and the People’s Choice Award was sponsored by WVOX 1460 AM.

# # #

About the Advertising Club of Westchester: The Advertising Club of Westchester, Inc. formed in 1968 as a not-for-profit to improve communications and relations in advertising, public relations, media, sales promotion, academia, graphic arts, the community at large and cultural areas.  ACW presents the highly coveted annual Big W awards to honor the most creative, innovative and memorable marketing and advertising work in the region. Please visit www.acw.org to join in the ongoing membership drive, or for more information on the Advertising Club of Westchester.

CONTACT: Kris Ruby
Ruby Media Group
914-417-1003