Marc Roth Profile

Our People / Marc Roth

Partner

Marc’s practice focuses on all things advertising, marketing, promotions and privacy. Having practiced in these areas for decades in various capacities, he has literally “been there and done that.” As a former Federal Trade Commission attorney, he understands regulatory priorities and concerns, which enables him to provide informed and practical advice to clients and prepare for the possibility of challenge. Having served as Chief Marketing Counsel for a Time Warner subsidiary, he knows the type of advice his clients need to do their job – prompt and practical answers, not lengthy and indecisive memos. He knows that “no” is not an option for in-house lawyers serving their business colleagues and works tirelessly with clients to develop effective and compliant solutions acceptable to all stakeholders.

General Advertising and Marketing. Marc helps clients understand and navigate myriad federal and state laws governing advertising and marketing practices, such as the FTC Act and state UDAAP laws. He advises on claim substantiation, product warranties, pricing claims, green and environmental claims, Made in USA claims, and conducting coupon, gift card, loyalty and rebate programs. He also advises brands and agencies on legal concerns and risks in developing advertisements, promotions and activations for cannabis and CBD companies.

Free Trial and Auto-Renewal Offers. A significant portion of Marc’s practice involves helping clients develop and implement free trial and auto-renewal subscription programs. Having served as Chief Compliance Counsel for the country’s largest automatic renewal magazine subscription company for almost a decade, Marc has unparalleled knowledge of the federal and state laws and credit card rules applicable to these programs, as well as regulatory and class action trends in this area.

Telemarketing and Texting. Marc assists clients develop telemarketing and texting programs in compliance with federal and state laws such as the FTC’s Telemarketing Sales Rule and the Telephone Consumer Protection Act. In particular, he advises on offer terms and conditions, obtaining various types of consumer consent, complying with calling time and call abandonment restrictions, and developing Do Not Call policies and procedures. Clients value his ability to understand a campaign’s objective, explain how these laws apply, and help to define and manage risk.

Social Media and Native Advertising. Marc advises companies on the transactional and regulatory disclosure issues that are triggered when working with influencers and ambassadors to promote their products and services through social media channels. He also advises publishers in all media understand the rules and disclosure requirements for native advertising, sponsored content, and affiliate marketing arrangements.

Sweepstakes and Contests. Marc helps clients develop and implement sweepstakes, contests, giveaways, “surprise and delight” programs, and charitable tie-ins, including drafting rules and registering such campaigns when appropriate.

Privacy, Lead Generation, Affiliate Marketing. Marc began advising on privacy in the late 1990s when companies realized the rich data opportunities the Internet afforded. Since then he has advised clients on complying with various privacy laws that impact marketing initiatives, such as the Children’s Online Privacy Protection Act (COPPA), CAN SPAM, Gramm Leach Bliley Act (GLBA), Health Insurance Portability and Accountability Act (HIPAA), California Consumer Privacy Act (CCPA) and state data broker laws. He works with brands in developing and revising privacy policies and has significant experience advising affiliate marketers and lead generation companies and brokers.

Regulatory Investigations. Marc guides clients through federal and state regulatory inquiries and investigations. He has handled dozens of these matters for clients in various product categories, with many resulting in closure without action.

Thought Leadership. Marc is a sought-after speaker and writer on privacy, marketing, and telemarketing issues. For almost a decade he has spoken at and chaired the Practicing Law Institute’s TechLaw: The Digital Evolution program in New York City and San Francisco and has been a featured speaker at the annual Association of National Advertisers/Brand Activation Association Law Conference.

Recognition. Marc has been named as one of “America’s Leading Lawyers for Business” in Advertising: Transactional & Regulatory (Nationwide) by Chambers USA, 2014-2020, one of the “Best Lawyers in America” in Advertising Law by Best Lawyers, 2018-present, and one of the “Top Authors” in JD Supra Readers’ Choice Awards, 2017.

Education:

Marc received a JD and a Master of Public Administration from Syracuse University and a Bachelor of Arts in European History from Hobart and William Smith Colleges.

Memberships & Affiliations

Brand Activation Association/Association of National Advertisers 1996-2020
Antitrust Section, Consumer Protection, American Bar Association, 1999-2020
Electronic Retailing Association, 2010-2018
Magazine Publishers Association, 2003-2020
Professional Association for Customer Engagement, 2014-2017
Editorial Advisory Board, Social Media Law & Policy Report, Bloomberg BNA, 2014-2016

Email Marc Roth

Our People

Tsan Abrahamson | Marc Roth | Travis Manfredi |Michael Traynor | Angelique Tremble | Jessica Tam | Greg Soltys | Norma Black | Noemi Zieman

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