Best Advertising and Marketing Lawyers in Maryland

About Advertising and Marketing Law in Maryland, United States

Advertising and marketing are vital for businesses of all sizes in Maryland. However, these activities are regulated by both federal and state laws to ensure advertisements are truthful, not misleading, and do not harm consumers. In Maryland, legal standards apply to all forms of advertising, including print, broadcast, online, social media, and point-of-sale promotions. Violations can lead to significant penalties, loss of consumer trust, and even lawsuits. Understanding the legal environment can help businesses avoid costly mistakes and maintain compliance.

Why You May Need a Lawyer

There are many situations where individuals or businesses in Maryland may need legal guidance regarding advertising and marketing:

• Launching a new marketing campaign that makes specific claims about products or services
• Facing a consumer complaint or state investigation about alleged deceptive advertising practices
• Drafting contracts with influencers, advertisers, sponsorship partners, or vendors
• Ensuring compliance with privacy and data collection regulations, especially for online advertising
• Responding to allegations of trademark or copyright infringement in marketing materials
• Understanding special rules for advertising to children or for health-related claims
• Dealing with negative online reviews and reputation management within legal boundaries
• Addressing telemarketing or email marketing compliance with state and federal laws

Local Laws Overview

In Maryland, advertising and marketing activities are mainly regulated by the Maryland Consumer Protection Act (CPA), as well as federal laws such as the Federal Trade Commission (FTC) Act. Some key aspects to be aware of include:

• The Maryland CPA prohibits unfair or deceptive trade practices, which include making false statements or omitting material information that could mislead consumers.
• Businesses must clearly and conspicuously disclose all key information, including prices, terms, and conditions.
• Special rules apply to contests, sweepstakes, and promotions, including required disclosures and eligibility criteria.
• Telemarketing activities are regulated by the state’s Telephone Solicitations Act and may require specific disclosures and comply with do-not-call lists.
• Use of endorsements, testimonials, and influencer marketing must meet truth-in-advertising standards and disclose any material connections.
• Online advertising is subject to both Maryland and federal privacy requirements regarding the collection and use of consumer data.
• Advertisements targeting children have additional requirements to prevent exploitation or deception.
• Failure to adhere to advertising regulations can result in investigations by the Maryland Attorney General, fines, and civil lawsuits.

Frequently Asked Questions

What makes an advertisement deceptive under Maryland law?

An advertisement is considered deceptive if it contains false information or omits important facts, which are likely to mislead a reasonable consumer. This includes overstating benefits, leaving out conditions, or using misleading pricing.

Do I need to get approvals for advertising content in Maryland?

Generally, specific approval is not required before publishing ads, but all content must comply with state and federal advertising laws. Certain industries, such as healthcare or alcohol, may require additional review.

What are the rules for advertising promotions or sweepstakes?

Maryland requires that all material terms be clearly disclosed, including odds of winning, eligibility, start and end dates, and any fees. Promotions must not be structured as illegal lotteries. Consult legal counsel for detailed guidance.

How do privacy laws affect digital marketing in Maryland?

Privacy regulations require clear disclosures about data collection, use, and sharing. Maryland businesses must follow both state and federal laws, ensuring consumer consent for certain types of information gathering and honoring opt-out requests.

Are there special requirements for advertising to children?

Yes, advertisements aimed at children must avoid misleading statements, excessive pressure, or promotion of unsafe practices. Content must comply with additional federal rules under the Children’s Online Privacy Protection Act (COPPA).

What should I do if I receive a legal complaint about my advertising?

You should promptly consult an attorney experienced in advertising law. Do not communicate directly with the complainant or investigators without legal guidance, as your response can impact your liability and outcome.

Is influencer marketing regulated in Maryland?

Yes, influencers and businesses must comply with truth-in-advertising laws. Material connections such as payments or free products must be clearly disclosed according to the Federal Trade Commission and Maryland law.

What are potential penalties for deceptive advertising?

Penalties include cease-and-desist orders, fines, restitution to consumers, and sometimes criminal charges for serious violations. Businesses may also face lawsuits from competitors or consumers.

Can I use customer reviews in my advertisements?

Yes, but the reviews must be genuine and not misleading. Any compensation given for reviews must be disclosed, and fake or manipulated reviews are prohibited by law.

How do I ensure my advertisements are legally compliant?

Carefully review all advertising materials for accuracy, clarity, and full disclosure of material details. Consult with a legal professional to evaluate compliance with applicable state and federal laws, especially before launching significant campaigns.

Additional Resources

For more information and support regarding advertising and marketing laws in Maryland, consider the following resources:

• Maryland Office of the Attorney General, Consumer Protection Division - Offers guidance and handles complaints regarding deceptive advertising.
• Federal Trade Commission (FTC) - Provides federal guidance and educational materials on advertising practices and compliance.
• Better Business Bureau of Greater Maryland - Offers insight into ethical advertising and marketing practices.
• Maryland Chamber of Commerce - Assists local businesses with legal and regulatory compliance issues.
• Local law libraries or State Bar Association - Access to legal research materials and referral services for attorneys specializing in advertising, marketing, and media law.

Next Steps

If you need legal advice or assistance with advertising and marketing issues in Maryland:

• Gather all relevant documents, advertisements, contracts, or correspondence relating to your situation.
• Identify your primary concerns and prepare specific questions to discuss with a legal professional.
• Contact an attorney who has experience in advertising, marketing, or media law in Maryland.
• Act promptly, especially if you have received a legal notice or complaint, to avoid missing important deadlines.
• Use the resources listed above to learn more and locate appropriate legal assistance if you do not have an attorney.