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Expert review, structuring, sanitization and revision of all direct-to-consumer lead generation models and methods, FTC & FCC standards, advertising claims substantiation, product packaging requirements, digital & telemarketing aggregators, Attorney General hot spots, TCPA, CAN-SPAM, CTIA, etc.)
BLLP represents a majority of the top remodelers in the United States, and in so doing is responsible for the sanitization and quality control of their marketing and lead generation methodology. Our experience covers all aspects of the industry in this regard, from canvassing, telemarketing, email, direct mail, television, radio, internet-based search engine optimization and resulting lead intake formation, door dropping, home shows, ride-along mailers and sweepstakes. There is literally no aspect of these methodologies we are not steeped in, from creating underlying formats and scripts for our clients to modifying existing materials and structures and defending them when attacked.
What is vital to understand is that the call-to-action of marketing pieces within our industry needs to be balanced with legal safeguards – perhaps not so much that the phone will never ring, but enough so that we do not cross lines that are difficult to defend and will result in damage to our clients’ brand name. This belief is underscored by our motto “ It is much easier to stay out of trouble than it is to get out of trouble.”
From variations of “free” products to “ghost discounts”, energy saving guarantees and the health benefits of jetted spas and softened water – BLLP is well versed in identifying triggering lines that will raise the ire of state and federal agencies. And, it is important to note these triggering lines are not the same in all jurisdictions, but often open to highly subjective interpretation by agency staff. Having handled these issues in almost every state, we are uniquely able to advise clients as to their specific areas of potential concern vis-vis their marketing territories.
On occasion, we even have the ability to retroactively find (develop) support for claims we otherwise would not have advised a client to advertise. For example, BLLP created a detailed energy-saving study with the University of California at Berkeley on behalf of a number of window manufacturers under investigation by the FTC for energy-saving claims, as well as for select health benefit “promises” made by a large water softener manufacturer under investigation by multiple District Attorneys in California.
Our goal is generally to resolve issues without undue cost to the client, while maintaining a professional and respectful relationship with the agency involved. However, in many instances, a strong and often aggressive defense is required to avoid being subjected to overzealous prosecution or runaway enforcement actions based more on technical issues and press releases than actual harm to a consumer. Understanding the mindset of the government agency is critical to the successful defense of an investigation, and Berenson LLP attorneys have previously worked for numerous such agencies, including the Internal Revenue Service, the Securities and Exchange Commission, the U.S. Department of Justice and various States Attorneys General.
