Best Advertising and Marketing Lawyers in Marietta

About Advertising and Marketing Law in Marietta, United States

Advertising and marketing law in Marietta, located in Cobb County, Georgia, falls under both federal and state regulations. Businesses operating in Marietta must ensure that their promotional and commercial activities comply with laws that are designed to protect consumers from deceptive, unfair, or misleading advertising practices. This includes guidelines around truth in advertising, data privacy, email and telemarketing campaigns, promotions, and endorsements. Compliance with both the Federal Trade Commission (FTC) rules and specific Georgia state laws is essential for businesses to avoid hefty fines, lawsuits, or reputational harm.

Why You May Need a Lawyer

There are several situations where individuals or businesses in Marietta may require legal help related to advertising and marketing, including:

• Accusations of false or deceptive advertising from competitors, customers, or regulators
• Launching new marketing campaigns that involve endorsements or testimonials
• Concern about intellectual property infringement in ads
• Issues regarding compliance with email, text message, or telemarketing regulations
• Contract disputes involving advertising agencies or media buying
• Responding to cease and desist letters or investigations from the Georgia Attorney General or FTC
• Reviewing marketing materials for compliance with state and federal law
• Questions about proper disclosures for online influencers

Local Laws Overview

Key aspects of advertising and marketing law relevant to Marietta include:

• Compliance with the Georgia Fair Business Practices Act, which prohibits unfair or deceptive acts in consumer transactions
• Observance of city ordinances that restrict outdoor advertising, signage, and promotions in public spaces
• Following FTC guidelines on truth in advertising, endorsements, sweepstakes, and digital marketing
• Protecting consumer privacy under both Georgia law and federal regulations, especially when collecting data from customers
• Respecting intellectual property laws when using images, music, or third-party content in advertisements
• Disclosure requirements for influencer marketing and testimonials, ensuring all material connections are made clear
• Rules around telemarketing, including registration and do-not-call list compliance specific to Georgia

Frequently Asked Questions

What laws regulate advertising in Marietta, Georgia?

Advertising in Marietta is governed by a combination of federal rules (mainly FTC regulations), Georgia state laws like the Georgia Fair Business Practices Act, and local ordinances related to signage and outdoor advertising.

What is considered false advertising?

False advertising is any claim in an advertisement that is misleading, deceptive, or untrue, whether intentionally or not. This can include exaggerated claims, omission of important facts, or failure to disclose material terms.

Are there special rules for online advertising?

Yes, online advertising must follow FTC rules regarding truthfulness, disclosures for material connections (like influencer endorsements), and respect for consumer privacy and data collection laws.

What should businesses know about email marketing laws?

Email marketing campaigns must comply with the federal CAN-SPAM Act, requiring clear identification, the ability for recipients to unsubscribe, and accurate sender information. Georgia law may add additional requirements.

How can a business legally run a contest or sweepstakes?

Games of chance (sweepstakes) and skill contests must clearly disclose the rules, eligibility, odds of winning, and prizes. Georgia and federal law prohibit requiring a purchase for entry in most sweepstakes, and misrepresentation is not allowed.

Can my business use images or music from the internet in ads?

Using copyrighted images, music, or other content without permission is not allowed and can lead to lawsuits. Always secure rights or use properly licensed materials.

How are influencer or testimonial ads regulated?

Endorsements and testimonials must be truthful and disclose any material connection (such as gifts or payments) between the business and the endorser, as required by the FTC.

Are there limits to telemarketing in Marietta?

Yes. Telemarketing is subject to both federal Telemarketing Sales Rule requirements and Georgia do-not-call regulations. Some telemarketing activities require registration, and calls to numbers on the do-not-call list are generally prohibited.

Does Marietta have special restrictions on billboards or signs?

Local Marietta and Cobb County ordinances may limit the size, location, and type of outdoor advertising. Permits are often required for billboards and other signage visible to the public.

What should I do if I receive a legal complaint or investigation notice?

Do not ignore the notice. It is important to consult with a qualified advertising and marketing attorney immediately to understand your rights and to respond appropriately.

Additional Resources

For those seeking more information or assistance regarding advertising and marketing law in Marietta, these resources may be helpful:

• Georgia Attorney General - Consumer Protection Division
• Federal Trade Commission (FTC) – Bureau of Consumer Protection
• Cobb County Government – Business Permitting Office
• Small Business Development Centers (SBDC) in Georgia
• Better Business Bureau (BBB) of Metro Atlanta
• Local Marietta and Cobb County Bar Associations

Next Steps

If you believe you need legal assistance with advertising and marketing law in Marietta, begin by gathering all relevant documents, advertisements, correspondence, and details about your case or question. Next, consider consulting with a local attorney who specializes in advertising, marketing, or consumer law. Many lawyers offer initial consultations to help you understand your options and the best course of action. You may also contact local or state consumer protection agencies for guidance. Ensuring your advertising practices comply with the law is the best way to protect your business and reputation.