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.

On-Demand: December 6, 2024

2 hour CLE

Tuition: $195.00
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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

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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Approved for Self-Study Credits
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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