The Complex Challenges Facing Advertisers on New Media Platforms

CHICAGO, Nov. 13, 2012 /PRNewswire/ -- One of the nation's leading advertising lawyers told an audience of her colleagues that "data is the new promotional currency" while she compared today's multi-platform sweepstakes, contests and promotions to the "panopticon"; the theoretical building design that allows a watchman to observe all of the inmates of an institution without their knowledge.

(Photo: http://photos.prnewswire.com/prnh/20121113/NY12694 )

Speaking to an audience of leading attorneys, advertisers and policymakers at the 34^th Annual PMA Marketing Law Conference, Linda Goldstein, a New York-based partner at Manatt, Phelps & Phillips LLP, provided a comprehensive review of responsible practices on a marketing landscape that continues to evolve at a breakneck pace.  Her presentation centered on the explosion of "gamification" as marketers have turned everyday activities into everyday games.

She provided industry leaders with a detailed list of best practices on a wide range of emerging tactics across platforms like Facebook, Twitter and Pinterest.  She also addressed specifics ranging from what constitutes consideration for entry when using new and user generated media; to how to ensure proper notifications and disclaimers in formats which limit characters; and the ongoing need to honor privacy issues like those afforded by COPPA across new platforms.

Among her broader observations, she noted that, due to the emergence of bots and other automated technology associated with gamification, 51% of all website traffic is now non-human.  According to Ms. Goldstein, "this means the human interaction that brands so crave may be thwarted by the gaming system."  

She told the experts, "We must be thinking about how to use gamification and social engagement in ways that create true human response."

"Nobody knows these issues better than Linda Goldstein," said PMA Legal Chief Ed Kabak.  "Her comprehensive remarks to this particular audience will help all of us protect the industry and the consumers as best practices continue to be defined ahead of legislative action."

Industry professionals and the general public are invited to keep up with the highlights at www.pmalink.com, on Twitter #pmalaw or by downloading the PMA Law 2012 app at the iTunes store.

About the PMA

Founded in 1911, the New York based PMA is the national non-profit trade association dedicated to the industry of marketing disciplines that motivate behavior, activate response and build brands.  Representing $1trillion in sales, these disciplines include promotion marketing, digital marketing, shopper/retailer marketing, sponsorship and experiential marketing.  The organization's membership is comprised of Fortune 500 companies, top marketing agencies, law firms, retailers, service providers and academia, representing thousands of brands worldwide.  www.pmalink.org.

SOURCE PMA