Marketing & Consumer Law
We advise on all marketing and advertising issues, covering sponsorship, event management and consumer protection laws. This includes comparative advertising, allegations of misleading and deceptive conduct and broader brand and IP protection. Key legislation we advise on includes the Fair Trading Act 1986, Consumer Guarantees Act 1993 and Privacy Act 1993. We have engaged with regulators during investigations or information gathering processes and acted on both criminal and civil proceedings in relation to the breaches of the Fair Trading Act. We also advise on the Advertising Standards Authority guidelines and process, and have appeared before the ASA.
Experience includes:
- Regulatory investigations and “dawn raids”.
- Litigation and dispute resolution in respect of both criminal and civil proceedings relating to consumer law.
- Negotiating settlements with the Commerce Commission, other regulatory bodies and third parties (eg deeds of settlement, caution or warning letters).
- Collateral review and “ad checking”, including advice on industry-specific legislation.
- Compliance programmes, guides, audits and training.
- Drafting and reviewing terms & conditions and distribution agreements.
- Sponsorship, sales & marketing, and event management agreements.
- Advising clients on privacy issues in a range of contexts, including website privacy policies.
Recognition
Our recognition includes Andrew Matthews being named Auckland Competition and Consumer Law “Lawyer of the Year” (2016, Best Lawyers in New Zealand).