By Scott D. Delacourt and Eve K. Reed on Posted in Contests,Corporate/Business,Telephone Consumer Protection ActThe D.C. Circuit has now issued a long-awaited decision involving the Telephone Consumer Protection Act (TCPA), which has widespread implications for broadcasters and other media companies that rely on modern calling equipment (including text messaging) to reach their audiences. The decision resolves an appeal of the Federal Communications Commission’s (FCC’s) 2015 Omnibus TCPA Order with… Continue Reading
By Eve K. Reed on Posted in Advertising Issues,Broadcast Regulation,ContestsWhen thinking about the regulations they must comply with, most broadcasters focus primarily, if not exclusively, upon the Federal Communications Commission (FCC). But there is at least one other federal agency that deserves attention, and that is the Federal Trade Commission (FTC). This is particularly true when endorsements, contests, and other marketing activities are in… Continue Reading
By Kathryne Dickerson and Joan Stewart on Posted in Broadcast Regulation,ContestsWith its publication in the Federal Register on February 12, 2016, the FCC’s modernized Contest Rule is now in effect. As we previously noted, the modernized Contest Rule gives radio and television stations the option to disclose material contest terms online, provided that they satisfy certain requirements. Specifically, stations choosing to disclose material contest terms online… Continue Reading
By Ari Meltzer and Joan Stewart on Posted in Advertising Issues,Contests,TrademarkWith the “Big Game” Approaching, Stations Should Be Careful About Use of Trademarks in Their Broadcasts and Promotions// When the National Football League (NFL) holds Super Bowl 50 in San Francisco on February 7, 2016, it will use Arabic numerals for the first time. Even without the characteristic Roman numerals, the term “Super Bowl” remains… Continue Reading
By Kathryne Dickerson and Eve K. Reed on Posted in Broadcast Regulation,ContestsOn September 17, 2015, the Federal Communications Commission (FCC or Commission) unanimously approved a Report and Order (R&O) modernizing its Contest Rule. As originally promulgated in 1976, the Contest Rule required broadcasters to periodically announce on-air the material terms of a licensee-conducted contest (material terms include how to enter, eligibility restrictions, entry deadline dates, prize… Continue Reading
By Kathryne Dickerson and Eve K. Reed on Posted in Broadcast Regulation,Contests(1) The FCC’s contest rule applies to all “licensee-conducted” contests. Sometimes you can easily conclude that a contest falls within this category; for example, if a station itself gives away concert tickets, the rule applies. But what if a car dealer approaches a station with a proposal that station DJs promote the car dealer’s contest… Continue Reading
By Kathryne Dickerson and Eve K. Reed on Posted in Advertising Issues,Contests,First Amendment,TrademarkAs college basketball play-off season and the Super Bowl approach, we thought it a good time to remind broadcasters about the trademark issues that often crop up in contests this time of year. Contests related to March Madness and the Super Bowl are popular, but the use of the proper names of these sporting events… Continue Reading
By Kathryne Dickerson and Eve K. Reed on Posted in Broadcast Regulation,ContestsAt the FCC’s November Open Meeting this morning, all four Commissioners and Chairman Wheeler voted to adopt an NPRM that will propose to bring the Commission’s disclosure requirements for licensee-conducted contests into the 21st Century. The text of the NPRM was released shortly after the Meeting. As numerous Commissioners and the Chairman noted, the contest… Continue Reading
By Eve K. Reed on Posted in Advertising Issues,ContestsFacebook has announced a policy change that is likely to alter the manner in which many companies conduct contests and promotions using the social networking website. Under existing Facebook policy, contests and other promotions frequently required entrants or those seeking to take advantage of a promotion to “like” a Facebook page before seeing certain content… Continue Reading
By Kathryne Dickerson on Posted in ContestsIn a June 16, 2014 blog post, FCC Commissioner Michael O’Rielly voiced his support for updating the FCC’s Contest Rule, which currently requires broadcasters to periodically disclose a contest’s material terms on-air. Noting the “super-fast” talkers rattling off contest terms on the radio, and the “small print” used for television disclosures, Commissioner O’Rielly stated that… Continue Reading
By Kathryne Dickerson on Posted in Advertising Issues,ContestsThe Federal Trade Commission recently issued a closing letter to high-end shoe retailer Cole Haan that has implications for broadcasters conducting contests on social media platforms like Twitter and Pinterest. The letter concerned a contest, called “WanderingSole,” that Cole Haan promoted on Pinterest. The contest asked people to create Pinterest boards using images of Cole… Continue Reading
By Kathryne Dickerson and Eve K. Reed on Posted in Broadcast Regulation,ContestsOn March 20, 2014, the FCC fined two Indiana radio station licensees a total of $12,000 for failing to conduct a contest “substantially as announced.” The contest at issue, the “Par 3 Shoot Out,” involved two stages – an online golf competition for which the station awarded weekly prizes consisting of Victoria National Golf Club… Continue Reading
By Kathryne Dickerson and Eve K. Reed on Posted in Broadcast Regulation,Contests,First Amendment,LegislationToday, advertisements for brick-and-mortar casinos provide significant revenue streams for broadcasters across the country. Such was not always the case. Just over a decade ago, the federal broadcast lottery statute – 18 U.S.C. §1304, as amended by 18 U.S.C. §1307 – prohibited the broadcast of casino-related advertisements by broadcasters located in a state that had… Continue Reading
By Kathleen A. Kirby and Kathryne Dickerson on Posted in ContestsFacebook recently revised its Promotions Guidelines to make it easier for broadcasters (and just about everyone else) to run contests on Facebook. Perhaps the biggest change is that stations are no longer required to use an app to administer a contest (although they may continue to use apps and Page tabs if they wish). Instead,… Continue Reading
