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Navigating your way through the minefield of consumer laws and regulatory codes of practice can be a daunting challenge. Our highly experienced team will work with you to evaluate and minimise the legal risks while helping you to achieve your commercial objectives.
If your business deals with consumers, we can provide advice on your consumer contracts, product liability and consumer protection issues, and on the rules relating to advertising, pricing, labelling and packaging.
We’re dab hands at drafting terms and conditions for use in connection with websites, promotions, online and offline sales, distance selling, privacy and cookies. Helping clients to navigate obligations such as under the Consumer Protection from Unfair Trading Regulations, the Distance Selling Regulations, the CAP and BCAP advertising codes, the Data Protection Act and E-privacy rules is at the core of much of our advice. We can also help you analyse the implications for your business of the new Consumer Rights Bill, as well as institutional changes such as the abolition of the OFT and the creation of the National Trading Standards Board.
Our regulatory work includes advising clients on a wide range of sector-specific obligations – special rules relating to alcohol, brands, consumer credit, cosmetics & medicines, data, gambling, film, food & drink, health & nutrition, marketing, music & video, online gaming, retail, software, sport and travel, to name but a few.
We can help to defend complaints or investigations by the many regulators involved, including the Advertising Standards Authority, ATVOD, the Competition and Markets Authority, the Food Standards Agency, the Information Commissioner's Office, the Medicines & Healthcare products Regulatory Agency, Ofcom, the Office of Fair Trading, PhonepayPlus, the Press Complaints Commission (or its successor), Trading Standards and sports regulators. And if you find yourself on the wrong end of a decision from the ASA or another regulatory body, we’re experienced in challenging their conclusions through their own internal appeal systems and ultimately, judicial review.
We are also more than happy to assist when the boot is on the other foot, for example if you need to make a complaint to a regulator about a competitor. If you’re in a sector where comparative advertising or copycat packaging is rife, our lawyers have a wealth of experience in helping clients to navigate the legal risks and to challenge unwelcome competitor activity.
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the Consumer Regulation team
Online traders and the ODR Regs: More red tape or a chance to re-think your strategy for dealing with consumer disputes?By James Gill, Peter Violaris
The European online dispute resolution platform (ODR Platform) is a website run by the European Commission designed to facilitate the independent, fast and fair out-of-court resolution of disputes between consumers and online traders.
Advertising & Marketing Newsnotes - Issue 57 - November 2014By Chris Rycroft, Rebecca Craker, Richard Stebbings, Olivia Eardley, Louise Sargeant
November 2014. The Advertising & Marketing Newsnotes cover recent developments in marketing law. Issue 57 covers the New UK copyright exception for parody; Regulators tighten the screw on native advertising; Dealing with IP in client-agency agreements; “Like-gating” and “age-gating” on Facebook; Implications of the Google “right to be forgotten” ruling; The ASA’s strategic new approach to enforcement; Enforcement of the BPRs and CPRs; and Financial Conduct Authority guidelines on social media.
Is the ASA killing native advertising?By Brinsley Dresden
Brinsley Dresden has authored an article for Marketing Magazine which discusses the Advertising Standards Authority's recent decision relating to an advertorial on BuzzFeed and the impact the ruling may have on the use of native advertising.