Marc Roth is a partner in the Advertising, Marketing & Media Division of Manatt, Phelps & Phillips, LLP, 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 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 at 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 privacy law 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 often called upon to assist leading industry trade associations in preparing comments on FTC privacy-related rulemakings and serve as faculty and chairperson at legal and business privacy conferences.  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 in 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 has been invited to speak 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 - For over a decade, Mr. Roth has represented clients whose industries heavily rely on these marketing programs, advising companies on how to market, process, and manage campaigns in compliance with all applicable laws, regulations, and credit card processing rules. 

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.

Magazine Sales and Audit - As Chief Compliance Counsel for the country's largest magazine sales agency for several years, Mr. Roth was responsible for overseeing compliance with the various Audit Bureau rules governing sales, marketing, and operations practices.