A recent court case, Soliman v. Subway Franchisee Advertising Fund Trust, highlights the importance of marketing campaign terms and conditions visibility. The case dealt with the enforcement of applicable terms and conditions for a Subway rewards program. Brands and advertisers should note the ruling and prioritize future marketing campaign terms and conditions visibility to remain compliant and ensure relevant terms are fully enforceable.
What Is The Soliman V. Subway Franchisee Advertising Fund Trust Ruling?
On June 8, The Second Circuit Court of Appeals reached a decision in the Soliman v. Subway Franchisee Advertising Fund Trust case. The decision highlights the importance of Telephone Consumer Protection Act (TCPA) compliance, and, specifically, the visibility of applicable terms and conditions. The ruling sided with the consumer, stating they were not made adequately aware of the terms and conditions of a rewards program and therefore were not bound by the given terms. Brands and advertisers engaging in any marketing campaign should ensure appropriate terms and conditions are “clear and conspicuous” for all website visitors.
What Does The Soliman V. Subway Ruling Mean For Advertisers?
The Soliman v. Subway ruling has the potential to impact brands and advertisers moving forward. Any brand creating new marketing campaigns with corresponding terms and conditions should prioritize the visibility of those terms. For example, proper visibility could include sending the terms directly to the consumer when possible. Without adequate visibility, terms and conditions may not be deemed enforceable.
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