Advertising Law and the Challenge of Fake Reviews, AI-Generated Reviews, Social Media Bots, Deepfakes and More

Louis P. DiLorenzo
Louis P. DiLorenzo | Davis+Gilbert LLP

Louis DiLorenzo brings an industry perspective to helping clients develop creative, enduring advertising and marketing campaigns.

Live Video-Broadcast: December 6, 2024
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2 hour CLE
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Program Summary

This presentation delves into the emerging trends in advertising regulation. Participants will gain an in-depth understanding of the legal frameworks governing advertising practices, including the FTC Act’s ban on deceptive acts and practices and the manner in which the FTC and other organizations have interpreted this prohibition over the years. In addition, this presentation will explore the current challenges posed by deceptive consumer review practices, including fake and AI-generated reviews, as well as the growing concern of review hijacking, providing actionable strategies for enforcement and litigation. This presentation will also examine the impact of social media bots and deepfakes on consumer perception. This program is essential for legal professionals looking to stay ahead of the curve in protecting consumer rights in the digital age.

Key topics to be discussed:

  • Overarching Advertising Law Framework
  • Understanding The Regulatory Landscape for Consumer Reviews
  • Social Media Bots and Deepfakes

Date / Time: December 6, 2024

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Louis P. DiLorenzo_myLawCLELouis P. DiLorenzo | Davis+Gilbert LLP

Louis DiLorenzo brings an industry perspective to helping clients develop creative, enduring advertising and marketing campaigns. He counsels some of the most innovative and storied brands, agencies, and media companies on issues that may put advertisers and campaigns at risk, including false advertising, intellectual property, and industry-specific laws and regulations.

As a former advertising industry professional, Louis understands how the strategies that inspire campaigns can also inform legal outcomes. Clients rely on his advice and instincts throughout the concepting process. He often serves as an informal sounding board as they test ideas and consider applications. Combining experienced judgment with a passion for the industry and a sense of humor, Louis immerses himself in each client’s business to help them distinguish real risks from theoretical ones and move projects forward with confidence.

While Louis works with a wide range of brands and industries, he has a particular focus on the alcoholic beverage sector. With his up-to-the-minute information and analysis of risk “hot spots,” clients navigate constantly changing laws and regulations in all 50 states. Louis also counsels businesses in other highly regulated industries, including automotive, tobacco, CBD, marijuana, food and beverage, and sports betting.

Whether he is digging deep into vehicle specifications for a car campaign or mastering the science behind toothpaste, Louis is committed to understanding the key facts as well as the legal complexities to provide tailored, actionable advice. He also leverages his knowledge of pricing strategy to help retailers advertise discounts and sales in a way that maximizes revenue and perceived savings while appropriately mitigating legal risk.

In addition to his advertising and marketing work, Louis maintains an active pro bono practice focused on immigration issues.

Agenda

I. Overarching Advertising Law Framework | 1:00pm – 2:00pm

  • Relevant laws
    • FTC act
    • Lanham act
    • State unfair and deceptive acts and practices (“UDAP”) statutes
    • National advertising division

Break | 2:00pm – 2:10pm

II. Understanding The Regulatory Landscape for Consumer Reviews | 2:10pm – 2:40pm

  • FTC guides concerning the use of endorsements and testimonials in advertising
  • FTC historical position / cases on false reviews / testimonials
  • FTC rule on reviews
  • Discussion of specific issues for reviews
    • Reviews by insiders
    • Incentivized consumer reviews
    • Fake reviews
    • Review hijacking
    • AI

III. Social Media Bots and Deepfakes | 2:40pm – 3:10pm

  • Social media bots and their impact on consumer perception
  • Deepfakes in advertising
  • FTC and state regulatory focus on AI

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