Allison Fitzpatrick of Davis & Gilbert LLP

Allison Fitzpatrick of Davis & Gilbert LLP

Allison Fitzpatrick is a partner in the Advertising, Marketing & Promotions Practice Group of Davis & Gilbert. She represents advertisers, media companies, and agencies in connection with all aspects of advertising, marketing, and promotions.

Ms. Fitzpatrick frequently counsels clients on new media issues, including with respect to social media, user-generated content, blogging, mobile marketing and other emerging media. She develops clients’ blogging and social media policies and procedures and reviews clients’ social media campaigns to ensure compliance with the Federal Trade Commission’s Endorsement Guides and .com Disclosure Guides. Ms. Fitzpatrick also speaks about and advises clients on all aspects of children’s advertising and privacy, including compliance with the Children’s Advertising Review Unit’s Self-Regulatory Guidelines and the Children’s Online Privacy Protection Act (COPPA). She routinely reviews websites, apps, privacy policies and promotions to ensure compliance with COPPA and other privacy laws. She has represented clients in proceedings before the Children’s Advertising Review Unit and the National Advertising Division and in state regulatory investigations, including comprehensive multi-state actions, most notably in connection with negative option marketing and free trial offers.

In addition, Ms. Fitzpatrick has significant experience in the area of sweepstakes and promotions and advises clients on games of chance, complex skill contests, rebates, gift cards, and coupons, including on Facebook, Twitter, Pinterest, Instagram and YouTube for agency clients, as well as directly for many well-known companies. She regularly counsels clients on all aspects of promotions, including with respect to drafting and reviewing their rules, and any prize supplier and promotional agreements, and winner affidavits and notifications. Ms. Fitzpatrick has also developed a number of loyalty/reward programs for clients.

Ms. Fitzpatrick regularly counsels clients on price advertising, false and deceptive advertising, claim substantiation, privacy, telemarketing, direct mail, email marketing (e.g., CAN-SPAM), endorsement and testimonial issues, and negative option marketing, as well as intellectual property matters involving copyright, trademark, right of privacy and publicity. She also advises clients with respect to drafting and negotiating a variety of agreements, including agency-client agreements, talent agreements and production agreements.

Ms. Fitzpatrick has been recognized by The Legal 500 United States in the area of advertising and marketing for four consecutive years (2013-2016). She has also been listed in the 2013 Irish Legal 100 by the Irish Voice Newspaper.

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FTC Announces First COPPA Action Involving Connected Toys

A Hong Kong-based electronic toy manufacturer and its U.S. subsidiary agreed to pay the Federal Trade Commission (FTC) $650,000 to settle allegations that they violated the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from children without providing appropriate notice and consent, and by failing to take reasonable steps to secure the data … Continue Reading

FTC Brings First Ever Enforcement Action Against Individual Social Media Influencers; Updates Warnings and Guidance for Influencers and Marketers

On the heels of issuing more than 90 letters to celebrities, bloggers and other influencers in April 2017, as well as receiving continued petitions by watchdog organizations such as Public Citizen, the Federal Trade Commission (FTC) brought its first direct action against individual influencers for failing to disclose their material connections on social media. At the … Continue Reading

Instagram Adds Paid Partnership Tool for Transparency

Instagram recently unveiled a new “branded content tool” that will allow influencers who are paid to endorse consumer products to tag partnering brands with an automated “paid partnership” disclosure. This new feature is intended to create more transparency in the Instagram community and to provide sponsors and influencers the ability to track the performance of … Continue Reading


The Federal Trade Commission (FTC) sent more than 90 letters to celebrities, athletes and other influencers – as well as to marketers – highlighting the need for influencers to “clearly and conspicuously” disclose their relationships to brands when they promote or endorse them on social media. The FTC letters mark the first time that the … Continue Reading