My colleague and friend, Andrea Levine, has been the Director of the Advertising Self-Regulatory Council’s National Advertising Division (NAD) and Senior Vice President of the Council of Better Business Bureaus for the past 20 years. It’s quite a title, and tenure, and as she prepares to move on to her next challenge, I asked her to share some of her experiences and wisdom.

Twenty years ago, I appeared at NAD’s offices armed with 7 years’ experience in the NYC court system defending poor people from the consequences of “trickle down” economics, a decade on the front lines of multi-state consumer protection advocacy as an Assistant Attorney General for the State of New York, and a stint as Special Counsel for … Continue Reading

As mentioned in my last post, over the next few weeks, I will be sharing with you a few articles I co-authored that were included in our Lessons Learned/Practical Advice publication. (To read the full publication, click here.)   Each article suggests steps that marketers and agencies may take to decrease risks and help ensure compliance with applicable laws and regulations.

This week I will share my article on the National Advertising Division of the Council of Better Business Bureaus (the NAD) that I co-authored with Davis & Gilbert Advertising, Marketing & Promotions Partner, Aaron Taylor.

NAD

2015 was another eventful year for the National Advertising Division of the Council of Better Business Bureaus (the NAD). Fifty-six competitor challenges were … Continue Reading

As I mentioned a few weeks ago, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here. This week, I wanted to share with you the section I co-authored on the National Advertising Division of the Council of the Better Business Bureaus (NAD).

Despite recent news reports implying that marketers are taking disputes to federal court with greater frequency, 2014 proved to be another banner year for the NAD. Eighty-eight competitor challenges were filed with the NAD in 2014 – a considerable increase … Continue Reading

The Council of Better Business Bureau’s National Advertising Division (NAD) has recommended that, as a result of a complaint filed by Expedia, two online travel sites change several aspects of their search engine marketing (SEM) to avoid misleading consumers.  While SEM is a common and long-standing practice, the NAD’s decision emphasizes that there are still emerging issues that companies engaged in this type of marketing should observe.

Expedia’s Challenges

Expedia filed a challenge with the NAD alleging that the SEM practices of Fareportal Inc., the operator of travel sites CheapOair.com and OneTravel.com, were misleading.

First, Expedia challenged Fareportal’s practice of advertising what appeared to be low fares from a specific origin to a destination identified in a consumer search query, … Continue Reading