Advertising, Marketing & Media
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New York Direct: 212.790.4542 General: 212.790.4500 Fax: 212.790.4545
Syracuse University, Juris Doctor, 1991.
Maxwell School of Citizenship and Public Affairs, M.A. of Public Administration, 1991.
Hobart College, Bachelor of Arts, European History, 1986.
Marc Roth is a partner in the Advertising, Marketing & Media Division of Manatt, Phelps & Phillips, LLP and Co-Chair of the TCPA Compliance and Class Action Defense Group, resident in the firm’s New York office. He is a highly accomplished regulatory and transactional attorney with over 20 years of experience in consumer advertising and marketing law. Clients ranging from Fortune 100 and 500 companies to emerging and start-up firms turn to Mr. Roth for his expertise in privacy law, social media, telemarketing, claim substantiation, continuity and negative option and continuity marketing, loyalty programs, and magazine sales and audit rules. Mr. Roth’s practice also includes defending clients before federal and state regulatory authorities. Through his prior experience as an in-house Chief Compliance Counsel for a Time Warner company and FTC staff attorney, he offers a valuable perspective on the matters he handles for clients.
Privacy - Mr. Roth’s experience in advising clients on privacy issues dates back to the 1990s when marketers began to realize how the Internet afforded them new opportunities to collect and utilize consumer data. In addition to counseling clients in this area, he is a frequent speaker and author on privacy issues and has served as faculty and chairperson at legal and business privacy conferences. He is often called upon to assist leading industry trade associations in preparing comments on FTC privacy-related rulemakings His client work involves drafting and amending online and offline privacy policies and advising on how data may be collected, shared and used in partner marketing arrangements. He advises clients on the following: the Children’s Online Privacy Protection Act (COPPA), the Gramm Leach Bliley Act (GLB, and implementing Safeguards Rules), the Fair Credit Reporting Act (FCRA and FACTA), the Video Privacy Protection Act (VPPA), the Health Insurance Portability and Accountability Act (HIPAA), the EU Privacy Directive, the CAN-SPAM Act, and various laws governing data security and breaches. Working in collaboration with European counsel, Mr. Roth also assists clients in structuring solutions for processing and transferring data from the EU, particularly through the Safe Harbor program.
Telemarketing - Mr. Roth has extensive experience advising clients on federal and state telemarketing laws. During his tenure at the FTC, he investigated and prosecuted abusers of the Telemarketing Sales Rule and the FTC Act. Now, Mr. Roth counsels clients on how to develop and manage telemarketing programs that comply with the TSR, the Telephone Consumer Protection Act (TCPA) and applicable state laws. In regard to the TCPA, he advises clients on how to obtain proper consent to send text messages, place calls with pre-recorded messages and comply with Do Not Call and call abandonment rules. Clients benefit from his insight into how the government views this highly sensitive industry. Mr. Roth is frequent speaker at industry conferences and has authored articles on legal and business developments affecting the telemarketing industry.
Mobile and Social Media Marketing - A significant portion of Mr. Roth’s practice is devoted to counseling clients on the legal issues surrounding marketing campaigns conducted through online social networks and wireless devices. He also advises on the unique rules developed by social network platforms (e.g., Facebook and Twitter) as well as industry-governing guidelines specific to the mobile industry. Mr. Roth regularly assists clients in developing social media policies and drafting contracts with vendors for these campaigns. He is a frequent speaker on social media legal issues.
Free Trial, Continuity and Negative Option Marketing - Mr. Roth has significant expertise in advising clients on continuity marketing programs. He counsels companies on how to market, process, and manage campaigns in compliance with all applicable laws, regulations, and credit card processing rules. In addition, from his experience at the FTC and as Chief Compliance Counsel for the country’s largest continuous service magazine sales agency, he understands the nuances of how regulators enforce their laws in this heavily regulated area.
Regulatory Defense - Mr. Roth regularly represents clients before federal and state regulatory authorities. He assists clients in responding to individual complaints, inquiries, investigations, subpoenas and Civil Investigative Demands, and negotiates settlements with regulatory bodies.
“‘Health Care’-Related Calls: Ambiguity at the Intersection of HIPAA and TCPA,” Bloomberg BNA’s Privacy and Security Law Report, October 13, 2014. “FTC’s
Negative Option Rule Remains ‘As Is,’ but Beware the States,” Response
Magazine, September 9, 2014.
“Going Green? Make Sure You Know the Rules,” Response Magazine, May 13, 2014.
“Legal Review: The FTC Reminds Companies That Compliance Counts,” Response Magazine, April 1, 2014.
Trends That Will Impact Advertisers in 2014,” Media Daily News, February
"Protecting Brand Reputation in an Increasingly Mobile World," BNA's Social Media Law & Policy Report, January 14, 2014.
“FTC Update on Gathering Data; Disclosures To Consumers,” Law Journal News Letters, Entertainment Law & Finance, January 2014.
"California Takes the Lead - Again - in Online Privacy," Response Magazine, December 3, 2013.
"Marketers Must Take Heed of FTC's Proposed TSR Revisions," Response Magazine, June 4, 2013.
"Negative Option Marketers Must Comply With Applicable State Laws," Response Magazine, May 7, 2013.
"Advertising Law Issues That Marketers Can Expect This Year," Mobile Marketer, February 15, 2013.
"In-house Counsel Must Become Actively Involved in Privacy Matters," InsideCounsel, February 13, 2013.
"Social Media Marketing in 2013: Best Practices for Safeguarding Brand Reputation in an Uncertain World," BNA's Social Media Law & Policy Report, January 15, 2013.
" 'Gift With Purchase' Offers Are No Child's Plan," Direct Response Marketing Alliance, January 8, 2013.
"FTC, Consumer Actions Shape Advertising and Marketing Landscape," New York Law Journal, November 12, 2012.
"Marketers Must Be Careful When Using Pre-Recorded Messages," Response Magazine, November 6, 2012.
"Blurring Lines and Increased Regulatory Risks for Data Brokers," BNA's Social Media Law & Policy Report, July 31, 2012.
"Calling All Data Brokers: The FTC Is Watching You," Response Magazine, July 9, 2012.
"How Well Do You Know 'Do Not Call' Rules?" Direct Magazine, February 13, 2012.
"New Media, but Old Rules Still Apply: What Companies Engaging in Social Media Advertising Should Know," BNA's Electronic Commerce & Law Report, January 20, 2012.
"FTC's 'First-Impression, Mis-Impression' Approach Means Advertisers Must Take Care," Revenue Performance, August 31, 2011.
"FTC Reviews the Children's Online Privacy Protection Act," PROMO Magazine, August 3, 2010.
"The FTC's New Privacy Position," iMarketing News, November 19, 2001.
"Privacy Policies Must Cover All Bases," iMarketing News, October 16, 2001.
"Beware of Cookies," National Law Journal, August 20, 2001.
"Cross-Border E-tailing," The Computer Law Association Bulletin, August 2001.
"A Legal View of Permission Marketing," iMarketing News, June 4, 2001.
"Web Bugs Everywhere Raise Concerns," iMarketing News, April 9, 2001.
"Look for Consent When Buying Lists," iMarketing News, February 28, 2000.
Admitted to practice in New York. Formerly Authorized House Counsel in Connecticut.
Member, Brand Activation Association.
Member, Electronic Retailing Association.
Member, Magazine Publishers Association.
Member, Professional Association for Customer Engagement
Member, American Bar Association, Antitrust Section, Consumer Protection.
Editorial Advisory Board Member, Bloomberg BNA, Social Media Law & Policy Report.
Co-Chair, Speaker, “Advertising, Marketing, Privacy and Big Data,” PLI’s Information Technology Law Institute 2014, New York, NY, April 10-11, 2014, and San Francisco, CA, May 15-16, 2014.
Speaker, “Why Privacy Matters,” 2014 PACE Annual Conference, Hollywood, CA, April 2-5, 2014.
Moderator, "Mobile Marketing Influx: Emerging Methods & Emerging Technologies," 34th Annual Brand Activation Association (fka Promotion Marketing Association) Marketing Law Conference, Chicago, IL, November 2013.
Co-Chair, Speaker, "Advertising Beyond the Web: Opportunities and Challenges for Mobile Devices, Tablets and Other Technology," PLI Information Technology Law Institute, New York, NY, April 2013 and San Francisco, CA, May 2013.
Speaker, "Attention Regulators: Investigate My Social Media and Mobile Marketing Campaign," PACE Annual Conference, Scottsdale, AZ, March 2013.
Speaker, "Online Behavioral Advertising: Minimizing Risk Associated with Collecting and Using Consumer Data," Minnesota State Bar CLE seminar, Minneapolis, MN, March 2013.
Speaker, "On and On and On," 34th Annual Promotion Marketing Association Marketing Law Conference, Chicago, IL, November 2012.
Speaker, "Mobile Marketing - Certainties & Uncertainties," Promotion and Marketing Laws, New York City Bar Association, New York, NY, May 2012.
Co-Chair, Speaker, "Social Media Issues in Technology," Information Technology Law Institute 2012, Practicing Law Institute, New York, NY, April 2012 and San Francisco, CA, April 2012.
Speaker, "Advanced Consent Marketing," Promotion Marketing Association Annual Law Conference, Chicago, IL, November 2011.
Moderator, "Advertising with Technology," Information Technology Law Institute 2011, Practicing Law Institute, New York, NY April 2011 and San Francisco, CA May 2011.
Moderator, "Little Fingers - Big Impact: What Can the Experts Tell Us About Children's Online Behavior?" Children's Advertising and Online Privacy Summit, Universal City, CA, May 2011.
Speaker, "Social Media and Privacy, Understanding & Complying with Sweepstakes, Promotion and Marketing Laws, New York City Bar Association, New York, NY, February 2011.
Speaker, "Negative Option/Advance Consent/Affiliate Upsell," Promotion Marketing Association Annual Law Conference, Chicago, IL, November 2010.
Speaker, "Opportunities and Headaches," Corporate Leaders Roundtable Law Seminars International, New York, NY, January 2006.
Speaker, "Direct Marketing Update: CAN-SPAM, Behavioral Marketing & More," Advanced Corporate Counsel Forum on Advertising Law, American Conference Institute, Chicago, IL, June 2005.
Speaker, "Marketing by E-Mail after CAN-SPAM: What Can Companies Safely Do?" Direct & Interactive Marketing Law, American Conference Institute, Chicago, IL, September 2004.
Speaker, "Privacy Rights," Aggressive Advertising and the Law, NorthStar Conferences LLC, New York, NY, April 2003.
Speaker, "Telemarketing & Direct Mail," Promotion Marketing Association Annual Law Conference, Washington, DC, December 2001.
Speaker, "Direct Marketing: 2000 E-Mail Promotions," Promotion Marketing Association Annual Law Conference, Chicago, IL, November 2000.
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