PRACTICE AREAS Advertising & Marketing

Overview

Ifrah Law’s Internet Advertising and Marketing practice focuses on all legal facets of internet and mobile marketing, eCommerce, telemarketing, electronic payment processing, and interactive gaming. Ifrah law represents online advertisers, affiliate networks, publishers, advertising agencies, payment processors, and other marketing solution providers in state and federal investigations and enforcement actions, private litigation instituted by self-regulatory agencies, consumer class actions, contract negotiations, and compliance matters.  In addition, our firm represents businesses and individuals in payment processing relationships, including merchants in disputes with payment processors, ISOs and acquiring banks, MATCH and Terminated Merchant File listings, and payment processing agreements.

As experienced litigators defending cases instituted by such agencies as the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB) and State Attorneys General, the lawyers on our team are uniquely positioned to counsel their clients outside of the courtroom on risk mitigation strategies, which involve a comprehensive review and audit of their business practices and routine advice on regulatory compliance, website disclosures, trademark and copyright protection, contract review and negotiation, and overall brand protection.  

Our team has achieved a string of successes in state and federal litigation matters in which our clients have been charged with or accused of fraudulent business practices. These victories include successful resolution of FTC asset freeze cases, return of monies from government seizures of payment processor accounts, and dismissal of a State AG matter involving a multi-year investigation.

Ifrah Law is a result-oriented firm. The creative advice we provide to our clients focuses on long-term solutions to achieve sustainable growth of their business models.

Publications + Presentations
August 15, 2023 | Publication

In A ‘Barbie’ World: Questions On Kid Brands In Gambling Ads

Law360
Article by Abbey Block

Read more

June 21, 2023 | By Tony Batt | Publication

Sweepstakes Casinos Cash In On Dormant U.S. iGaming Market

Partner Michelle Cohen is quoted in this article on sweepstakes.

Read more

April 26, 2022 | Presentation

The path to profitability – balancing efforts to achieve market share while prioritising sustainable spending

Jeff Ifrah moderated this panel discussing online gaming businesses finding balance in ambition, market share, and sustainable spending models.

Read more

September 13, 2021 | Presentation

Dos and Don’ts of Advertising and iGaming Webinar

This expert panel explores one of the central challenges of successful iGaming and betting in the US: the imperative of advertising for customer acquisition.

Read more

September 17, 2020 | Presentation

EGR U.S. Virtual Power Summit

Snapshot session: Regulatory Q&A session

Read more

September 17, 2020 | Presentation

EGR Power Summit

M&A Investment Panel

Read more

June 15, 2020 | Publication

My Money’s On Sports Betting

FeedFront Magazine - 50th Issue (Article by Nicole Kardell, pg. 24)

Read more

September 25, 2019 | Publication

The Definitive Guide to Online Gaming and Betting in the U.S.

Comprehensive eBook from Ifrah Law, available as a complimentary download

Read more

December 21, 2018 | Publication

California Supreme Court refuses to require Yelp to remove defamatory content

Advocates of an open internet applaud the decision and have labelled it a win for service providers and internet users alike.

Read more

August 2018 | Publication

Apple Urges US Supreme Court to Reject App Antitrust Claims

Digital Business Lawyer

Read more

October 2017 | Publication

Second Circuit Unanimously Upholds Uber’s Mandatory Arbitration Provision

Leading Internet Case Law

Read more

July 30, 2017 | Presentation

Navigating an FTC Case

Affiliate Summit East 2017, New York, NY

Read more

July 2017 | Publication

Department of Common Sense – Why Optics Matter

FeedFront Magazine

Read more

March 8-10, 2017 | Presentation

Know Your Processor – How Merchant Accounts Strive, Thrive, and Stay Alive

Panama GB Summit, Panama City, Panama

Read more

February 22, 2017 | Presentation

The Blame Game: A New Era of Policing Affiliate Marketing in the Post-Trump World

IntegriShield (Webinar)

Read more

January 15-17, 2017 | Presentation

One Simple Disclaimer to Mitigate Lawsuits

Affiliate Summit West 2017, Las Vegas, NV

Read more

August 1, 2016 | Presentation

Power in Numbers: Insight Into State AG/FTC Collaborations

Affiliate Summit East, New York Marriott Marquis, New York, NY

Read more

April 27, 2016 (updated repeat in September) | Presentation

The Telephone Consumer Protection Act: Avoiding Multi-Million Dollar Litigation

Webinar - Clear Law Institute

Read more

April 2016 | Publication

Debunking Common Can-Spam Misconceptions

FeedFront Magazine

Read more

January 2016 | Publication

Seller Beware: The Terms That Bind

Feedfront Magazine

Read more

October 2015 | Publication

Target On Your Back? Navigating Subpoenas

FeedFront Magazine

Read more

July 2015 | Publication

Lessons From Recent FTC/State AG Collaborations

FeedFront Magazine

Read more

April 7, 2015 | Publication

Lurking in the Shadows – Dual Agency Enforcement of Affiliate Marketers

Response Magazine, DRMA

Read more

March 3, 2015 | Publication

Legislating Through Litigation: Why ROSCA Suddenly Matters

Response Magazine, DRMA

Read more

September 2014 | Publication

New Jersey Brings Clarity with Affiliate Marketing Guidelines

World Online Gambling Law Report

Read more

Case Studies

Protecting an Advertiser from an Affiliate Marketer’s Actions

Sometimes, even a company’s best efforts to comply with the law can’t protect them from liability. This was the case for our client, an advertiser, which promoted its own e-cigarette offer. An internet-based affiliate marketer who marketed our client’s products sent an unsolicited text message to a consumer. Our client recognized the potential legal problems associated with the affiliate’s actions and immediately shut down the relationship. Nonetheless, the affiliate’s action exposed our client to liability in the form of a putative class action lawsuit that was filed in U.S. District Court, Northern District of Illinois. This class action lawsuit, brought under the TCPA, had the potential to cost our client a significant amount of money.

Ifrah Law knew we needed to act quickly, before the case escalated into a class action that would be large enough to bankrupt our client. We were able to demonstrate that the third party vendor’s actions were not authorized or condoned by our client and therefore, we were able to resolve the matter for very little money, before ever answering the complaint. To avoid these types of problems in the future, we subsequently drafted strong contract and terms and conditions for our client’s third-party publishers, which would indemnify our client from future liability for its affiliate’s unauthorized actions.

Winning Big with a Celebrity Sweepstakes Endorsement

After developing a solid online promotions program over several years with Michelle Cohen advising on sweepstakes and contests, Michelle’s long-standing client, a digital wellness company, decided to energize its online efforts with a celebrity endorsement sweepstakes. The celebrity, a known health advocate and popular entertainer, partnered with our client to give away VIP ticket packages to his sold out shows in multiple cities.

Michelle crafted sweepstakes rules and reviewed promotional materials, including social media campaigns. The celebrity also used social media to organize in-person athletic meet-ups around the country, as part of his current touring schedule. This coast-to-coast campaign included sweepstakes at the on-site events. Michelle worked with our client on several aspects of its campaign, including social media messaging, drafting winner’s eligibility affidavits and ensuring compliance with state and federal sweepstakes laws, as well as social networks’ policies and requirements.

The result? Michelle’s client continues to develop exciting and clever online promotions that will engage their audience, while complying with applicable laws and regulations and maintaining positive relationships with key social networks.

Ifrah Law Represents Seller in Multi-Million Dollar Acquisition of Affiliate Marketing Company by Publicly Traded International iGaming Corporation

In the second acquisition this year negotiated by Ifrah Law in the iGaming space, an international gaming company has purchased the firm’s affiliate marketing client in a deal valued at approximately $6.5 million. The buyer praised the deal as confirming its position as the number one player in iGaming lead generation in the U.S.

Requiring an in depth knowledge of the iGaming industry in addition to applicable gaming laws, the deal demonstrates Ifrah Law’s preeminence in this rapidly growing space. The firm’s reputation continues to rise as the go-to advisor for building profitable businesses in the affiliate marketing and iGaming industries, which are becoming increasingly attractive to larger buyers.

Clients turn to Ifrah Law for its ability to create meaningful agreements, often in an accelerated time frame, which provide value to buyers while at the same time encouraging sellers to continue to innovate in this burgeoning industry.

As the legislative climate for iGaming improves across the U.S., Ifrah Law anticipates an increase in companies seeking to take advantage of the opportunities available in this profitable nexus between affiliate marketing and online gaming.

Partner and M & A Lead Michelle Cohen and Counsel Drew Barnholtz represented the Seller in this transaction.

Blog Posts
April 28, 2021

Coming to [North] America: Content Regulation for Gaming Ads and Marketing

Coming to [North] America: Content Regulation for Gaming Ads and Marketing

The Alcohol and Gaming Commission of Ontario recently published its Draft Registrar’s Standards for Internet Gaming (“Draft Standards”).  The purpose of the 50-page document is “to ensure that regulated entities have a sound control environment, and an organizational structure that promotes good governance, accountability and oversight, as well as transparency in dealings with the AGCO.”… Read More

March 28, 2019

How to Ensure Your Media Affiliate Follows Pennsylvania Gaming Law

How to Ensure Your Media Affiliate Follows Pennsylvania Gaming Law

As discussed in an earlier blog post, New Jersey’s licensing requirements for affiliate marketers impose significantly different structures depending on the revenue model. If the affiliate marketer only plans to work with casinos in a flat fee model (e.g. CPA or other form of pre-determined compensation), then they must register as a vendor. The vendor… Read More

January 18, 2018

Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder

Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder

No one likes being on the receiving end of an immunization shot, but many of us submit to a flu shot each fall or winter.  David Latner, a patient of the Mount Sinai Health System’s West Park Medical facility, apparently found a single text from West Park reminding him about flu shots to be alarming… Read More

January 12, 2017

Online Reviewers Get New Protections

Online Reviewers Get New Protections

Your business booked a large charity event.  However, the customer contact turns out to be a nightmare. She complains (during and after the event) that the service was slow, the food looked and tasted like a frozen meal, and the drinks were watered down.  She even claims she was overcharged.  You reviewed the situation and,… Read More

October 27, 2016

You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act

You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act

As Halloween has people thinking of ghosts and ghouls, creative plaintiffs’ attorneys have turned an arcane New Jersey law into a true source of fright for virtually anybody who offers services that are even potentially available within the Garden State. The law at issue is the New Jersey Truth in Consumer Contract, Warranty, and Notice… Read More

April 28, 2016

Feds Open The Gates and Seize the Domain Names

Feds Open The Gates and Seize the Domain Names

Does the federal government have the right to seize a domain name without notice? With growing frequency, the feds have seized the domain names of thousands of websites for alleged criminal wrongdoing. The latest example is the seizure earlier this week of 67 website domain names for the alleged illegal sale and distribution of counterfeit… Read More

March 16, 2016

Good Lord, & Taylor! Of Course You Need to Disclose Native Ads

Good Lord, & Taylor! Of Course You Need to Disclose Native Ads

On March 15, 2016, national retailer Lord & Taylor agreed to settle FTC charges that it “deceived consumers by paying for native advertisements.” The settlement is the first of its kind following the December 2015 guidance memorandum, Native Advertising: A Guide for Businesses, issued by the FTC. Under the terms of the settlement, Lord &… Read More

December 28, 2015

Amazon Pursued Fake Reviews In 2015, What Will It Pursue In 2016?

Amazon Pursued Fake Reviews In 2015, What Will It Pursue In 2016?

  In 2015, Amazon filed suit against over 1,000 unnamed individuals for allegedly offering to sell fake online reviews (positive or negative) on Fiverr.com (“Fiverr”). The unnamed defendants offer to provide 5-star reviews and some defendants even encourage sellers to provide their own text to use in the review. In order to avoid detection, defendants… Read More

November 3, 2015

Highlights And Takeaways from the October 30th FTC Lead Generation Workshop

Highlights And Takeaways from the October 30th FTC Lead Generation Workshop

  Exploiting consumers and exploiting consumer data were popular themes in the FTC’s October 30th workshop on lead generation, “Follow the Lead.” The day-long workshop explored the mechanics of lead generation and its role in the online marketplace. With a focus on the lending and education spaces, panelists discussed the many layers of marketing involved… Read More

August 13, 2015

The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements

The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements

  Car dealerships are notorious for running loud, flashy ads with too-good-to-be-true offers for outrageous deals to buy or lease cars.  Some dealerships downplay or even hide the seemingly endless list of qualifications on those offers which render many potential buyers ineligible for the deals, much to the irritation of misled consumers.  The FTC has… Read More

June 17, 2015

Free* to Play Means Only If You Pay

Free* to Play Means Only If You Pay

  As online gaming companies compete for business, they are offering customers increasingly large incentives to play on their websites, often in the form of deposit bonuses.  These deposit bonuses allow players to play with the bonus money as if it’s cash and keep the winnings (although players cannot cash out the bonus itself). However,… Read More

May 20, 2015

Yelp Fights for the Right to Complain Anonymously

Yelp Fights for the Right to Complain Anonymously

  In e-commerce, user reviews can make or break a business.  Review sites such as Yelp are a double edged sword for merchants and service providers: on one hand satisfied customers can generate buzz about the company and bring in new customers, and on the other hand dissatisfied customers can use it as a very… Read More

April 13, 2015

Even In The UK, Think Twice Before Using Celebrity Endorsements

Even In The UK, Think Twice Before Using Celebrity Endorsements

Photo at vi.wikipedia.org A recent legal case in the UK between singer Rihanna and fashion retailer Topshop has highlighted differences between publicity rights in the UK and some US jurisdictions. Rihanna sued Topshop for its sale of a t-shirt bearing a large photograph of her.  Rihanna had not approved or endorsed the sale of the t-shirt;… Read More

December 15, 2014

Will New Facebook Rules Hurt or Help Small Businesses?

Will New Facebook Rules Hurt or Help Small Businesses?

  Health cleanses to lose unwanted weight in a matter of weeks!  Images of beautiful jewelry to be purchased at great prices that you can even resell! Personalized handbags made to order! If you have a Facebook account, it is more than likely you have seen many of these and similar posts by “friends” in… Read More

November 19, 2014

Celebrity Endorsements, Online Poker and the FTC

Celebrity Endorsements, Online Poker and the FTC

Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on funding from social games, requirements for exclusivity, and operator server locations. However, the fourth rule is an addition which deals specifically with… Read More

November 7, 2014

Report from an Energized Brand Activation Association Marketing Law Conference

Report from an Energized Brand Activation Association Marketing Law Conference

Ifrah Law is a proud member the Brand Activation Association (“BAA”). This week, we attended the BAA’s 36th annual BAA Marketing Law Conference in Chicago.  Just as “Mad Men” reflects the 1960’s era advertising business, this year’s BAA conference demonstrated this generation’s marketing dynamic – where mobile is key, privacy concerns abound, and the Federal… Read More

October 3, 2014

School Scams: FTC Cracks Down on Florida Online Diploma Mills

School Scams: FTC Cracks Down on Florida Online Diploma Mills

  Online diploma mills, which require little or no coursework to complete a degree have recently garnered much attention within the online education realm.  Websites which offer questionable diplomas for hundreds of dollars target vulnerable consumers seeking a degree to improve their life prospects, while simultaneously casting a shadow over legitimate online educational institutions which… Read More

September 19, 2014

Broken Promises: A Glimpse at the Dark Side of Crowdfunding

Broken Promises: A Glimpse at the Dark Side of Crowdfunding

The fact is that social media has connected us to each other in ways which seemed unimaginable only a few decades ago.  Take for example the progression of social activism through online fundraising.  Over the course of two short months the ALS Ice Bucket Challenge (“IBC”) went viral with millions of videos being posted by… Read More

September 4, 2014

Federal Trade Commission Checks Out Mobile Shopping Apps

Federal Trade Commission Checks Out Mobile Shopping Apps

  In August, the Federal Trade Commission (“FTC”) released a staff report concerning mobile shopping applications (“apps”).  FTC staff reviewed some of the most popular apps consumers utilize to comparison shop, collect and redeem deals and discounts, and pay in-store with their mobile devices.  This new report focused on shopping apps offering price comparison, special… Read More

August 14, 2014

$3.5 Million Cactus Juice Settlement Should be a Warning to Advertisers

$3.5 Million Cactus Juice Settlement Should be a Warning to Advertisers

In this health-conscious age, consumers are always on the lookout for new products which will improve wellness and quality of life.  Marketers attuned to this trend may be tempted to increase sales by extolling the virtues of their products, even if health claims are unsubstantiated by scientific testing.  A recent FTC case, however, demonstrates the… Read More

August 8, 2014

Capital One Gets an Unwanted Wake Up Call

Capital One Gets an Unwanted Wake Up Call

In what could become the largest ever settlement in a case brought in the 22 year history of the Telephone Consumer Protection Act (“TCPA”), Capital One and three collection agencies agreed to pay over $75 million into a settlement fund to settle a consolidated class action lawsuit alleging that the companies used an automatic telephone… Read More

June 24, 2014

Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat

Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat

Recently, the Maryland Attorney General’s Office announced that it reached a settlement with Snapchat, Inc. over alleged deceptive trade practices in violation of Maryland law and violations of federal laws that are intended to protect children’s online privacy.  This is another reminder that state attorneys general’s offices will continue to be vigilant in addressing consumer… Read More

June 20, 2014

Weight Loss Claims and Dr. Oz Gain Congressional Interest

Weight Loss Claims and Dr. Oz Gain Congressional Interest

We’ve all heard the statistics showing obesity rates rising in the U.S. year after year. Most of us are well aware of the billion dollar diet and weight-loss supplement industry to which millions turn with the hope of finding that one “miracle pill” to help them lose that stubborn belly fat or get rid of… Read More

May 20, 2014

Sprint Gets a Wallop of a Reminder – Company-Specific Do Not Call Lists Still Matter – $7.5 Million Record Do Not Call Consent Decree

blog image

Yesterday, the Federal Communications Commission (“FCC”) announced a consent decree with Sprint Corporation for federal do not call violations. Specifically, under the terms of the agreement, Sprint will make a $7.5 million “voluntary contribution” to the United States Treasury.  This payment represents the largest do not call settlement reached by the FCC.  Sprint also agreed… Read More

April 30, 2014

ICANN’s New Program Adds Hundreds of Domains, More to Come

blog image

The Internet Corporation for Assigned Names and Numbers (ICANN) continues to make significant progress with its implementation of the New generic Top–Level Domain (gTLD) Program. Under the new program, ICANN has added more than 250 new gTLDs to the Domain Name System (DNS) and could add hundreds more in the next several years. ICANN is… Read More

April 24, 2014

FDA Says Product Containing No Tobacco is a “Tobacco Product” – FDA Expands Authority to Include E-Puffing

blog image

In an effort that Food and Drug Administration (FDA) officials say was motivated by the (Big Brother?) desire “to correct a misperception by consumers that tobacco products not regulated by FDA are safe alternatives to currently regulated tobacco products,” the FDA released proposed regulations this morning that would regulate the rapidly growing e-cigarette market. (The… Read More

April 17, 2014

Don’t be a Jerk

blog image

Last week the Federal Trade Commission (“FTC”) charged the operators of Jerk.com with harvesting personal information from Facebook to create profiles for more than an estimated 73 million people, where they could be labeled a “Jerk” or “not a Jerk.” In the complaint, the FTC charged the defendants, Jerk, LLC and the operator of the… Read More

April 10, 2014

TCPA Litigation Explosion Leads to Rule Clarifications

blog image

Congress enacted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted telemarketing, fax marketing, and prerecorded/auto-dialed phone calls. Recently, there has been an explosion in TCPA litigation, including class action litigation. In response, several parties have asked the Federal Communications Commission (“FCC”) to clarify certain of the agency’s TCPA rules to provide relief… Read More

March 6, 2014

Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?

Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?

Advertisements for electronic cigarettes, or “e-cigarettes,” are increasingly drawing scrutiny from consumer advocates and public health groups who are calling for the federal government to regulate these advertisements in the same manner that traditional cigarette advertisements are regulated. The e-cigarette industry is growing at a rapid pace, particularly among younger people. Last year, the industry… Read More

January 31, 2014

Overstock Case Could Alter the Landscape of Price Comparison Advertising

Overstock Case Could Alter the Landscape of Price Comparison Advertising

A California court ruled earlier this month that Overstock must pay a roughly $6.8 million penalty to settle claims that the retailer “routinely and systematically” made false and misleading claims about the prices of its products on its website. If upheld, this ruling could have significant effects on how companies use price comparisons in advertisements… Read More

January 8, 2014

New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers

New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers

New year, new resolutions.  Yesterday, the FTC announced a resolution of its own: to undertake a nationwide enforcement effort to protect consumers against deceptive weight loss claims.  Dubbed “Operation Failed Resolution,” the FTC’s latest enforcement effort seeks to protect consumers who face a barrage of “opportunistic marketers” promising quick ways to shed pounds. According to… Read More

December 5, 2013

Report From FTC Briefing – Blurred Lines: Advertising or Content?

Report From FTC Briefing – Blurred Lines: Advertising or Content?

The FTC held a workshop on Wednesday to examine the blurring lines of advertisements and content in digital media today. Executives from a myriad of professions gathered to discuss how sponsored content in digital publications takes form and affects the consumer. Native advertising, or sponsored content, is the practice of masking advertising to look like… Read More

June 30, 2013

FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action

FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action

While Google is already subject to commitments it made to the FTC regarding the requirement to afford advertisers non-discriminatory access to its search engine, the FTC’s latest guidance makes clear that Google and other search engines must also maintain clear disclosures to the public about sponsored content in search results. On June 24, 2013, in… Read More

June 23, 2013

Affiliate Marketers Need to Be Aware of the CFTC

Affiliate Marketers Need to Be Aware of the CFTC

Some affiliate marketers have recently gotten involved in the risky world of online trading. Online trading, particularly the trading of binary options, has become an attractive alternative for some affiliate marketers to traditional forms of online marketing. However, those companies that do get involved in this market must be aware of the presence of the… Read More

March 15, 2013

FTC Revises Online Advertising Disclosure Guidelines: Say It and Say It Clearly

FTC Revises Online Advertising Disclosure Guidelines: Say It and Say It Clearly

This week, the FTC released updated guidance to its 2000 “Dot Com Disclosures,” a guide covering disclosures in online advertising. The online world has certainly changed in 13 years, and the new guidelines, available here, cover advances in online advertising, including mobile advertising. One central theme still prevails: existing consumer protection laws and rules apply no… Read More