Children’s Advertising Review Unit (CARU) Senior Attorney - Location flexible
WHO WE ARE
We are a non-profit organization dedicated to fostering a more accountable and trustworthy marketplace. As the foremost thought leader on industry self-regulation, we are shaping the way that businesses and consumers interact with one another. We are the home to more than a dozen self-regulation programs that set high standards for businesses and provide third-party accountability and dispute resolution services that help ensure a fair marketplace for consumers. BBB National Programs has worked with industry leaders and government regulatory agencies since 1971 to establish the standards that guide best practices in advertising, privacy, children’s and teen’s marketing, consumer warranty issues, and dispute resolution.
Since its inception over 40 years ago, the Children’s Advertising Review Unit (CARU), a division of BBB National Programs, helps companies comply with laws and guidelines that protect children from deceptive or inappropriate marketing and ensure that, in an online environment, children’s data is collected and handled responsibly. CARU, the nation’s first Safe Harbor Program under the Children’s Online Privacy Protection Act (COPPA), monitors child-targeted media to ensure that advertisements are truthful, accurate, appropriate, and in compliance with applicable guidelines, including COPPA. When advertising or data collection practices are inconsistent with applicable laws or guidelines, CARU seeks change through the voluntary cooperation of companies and, where relevant, enforcement action.
The Senior Attorney will conduct investigations of non-compliance with CARU Guidelines and/or COPPA (and any other applicable laws), work with members of CARU’s COPPA Safe Harbor on their ongoing compliance efforts and effectively interact with outside counsel for both major national companies and small businesses. The Senior Attorney must possess good judgment on the application of general principles to specific instances and should have excellent legal writing and analytical skills. In addition, the Senior Attorney must engage in thought leadership on children's advertising, marketing and online data privacy issues and be able to represent CARU before high level audiences and conduct effective liaison with government agencies, CARU Supporters, academics and other leaders on children's advertising and marketing issues.
Essential duties and responsibilities
- Monitor and evaluate child-directed advertising on TV, in print and all other media, including the internet to assess compliance with CARU's guidelines
- Monitor and evaluate websites and online services including apps and IoT products for compliance with CARU Guidelines and COPPA
- Provide pre-clearance for CARU Supporters of child-directed advertising in all media, and of websites and apps prior to dissemination to public. This involves detailed assessment of all stages of media including but not limited to concepts, storyboards, rough cuts, websites, and mobile apps in BETA format. Provide detailed guidance to supporters of any changes that need to be made to ensure compliance
- Conduct investigations of non-compliant advertising or online data privacy practices. Draft, revise and edit publishable decisions with determinations and recommendations for CARU's cases. Research CARU, NAD (self-regulatory precedent) FTC, CPSC and other legal precedent as well as applicable statutes and regulations and apply relevant principles to the facts of each case.
- Correspond, consult with and conduct in-person and phone meetings with company representatives from major advertisers, in-house and outside counsel, and scientific and marketing experts to review and critique their legal arguments, jurisdictional issues and assess and evaluate any supporting evidence. Negotiate findings and final adjudication, including press release, with company’s representatives.
- The decisions may include comprehensive evaluation of scientific evidence, consumer perception studies, marketing research, relevant law and related technical data. In so doing, the attorney should determine the reliability of and accord the appropriate evidentiary weight to every piece of evidence submitted in each review proceeding, make assessments as to the correctness of each parties' legal arguments, assess and apply the applicable law and legal precedent, decide how to organize and what to include in legal opinions.
- Review and evaluate website and online services including mobile applications for acceptance into CARU's COPPA Safe Harbor Program. This includes detailed discussions and negotiations with applicants, their legal advisor and the FTC
- Make determinations as to the reasonable messages conveyed by challenged advertising
- Consult with CARU's Academic Advisory Board of leading experts in child development, child mental health, nutrition, marketing and other relevant fields in applying CARU's Guidelines and assessing young children's ability to comprehend advertising messages
- Prepare substantive presentations on relevant topics in the children's industry at CARU's conferences, non-CARU conferences, seminars, webinars and other live presentations at corporations, local BBB's, Bar Associations and schools. Participate in the selection of topics, key-note speakers and other CARU conference agenda items. Seek out speaking engagements for CARU
- Review legal journals, trade publications and periodicals; attend seminars and conferences to keep abreast of emerging trends, new technology and recent developments in the law. Keep up on trends in child-directed marketing and academic literature
What you will bring
- Juris Doctor Degree with 7 years of experience as a practicing attorney
- Background in advertising and/or online data privacy law
- Strong familiarity with COPPA and social media platforms like Facebook, Twitter, etc.
- Excellent time management skills and ability to thrive in a dynamic, fast paced environment
- Strong attention to detail, analysis, and problem-solving skills
- Excellent written and verbal communication skills
- Excellent internal/external customer service skills
- Prior public speaking experience
Let us know if you have:
- Children’s advocacy experience
- Knowledge of technology and trends in technology
- Knowledge of online data privacy laws including CCPA and GDPR
WHAT WE OFFER:
At BBB National Programs, we bring a growth mindset as we advance our mission and strive to foster trust, innovation, and competition in the marketplace. Cultivating a team of talented and engaged professionals who seek out new challenges and opportunities catalyze our progress. We are an inclusive organization, bringing a dynamic environment that supports our employees and the meaningful work we do.
Health & Welfare Benefits: You will be offered a comprehensive plan offering health, dental and vision plans. paid short-term disability insurance, and life insurance.
Financial Well-Being: Build your retirement savings with our 401k plan matching up to 5% of your contributions.
Time Off: You will have flexibility for the time you need off from work. We offer a variety of plans including vacation, personal, and sick leave.
Wellness: We promote physical and mental wellness by providing a fully equipped on-site fitness center in our offices and an employee assistance program.
Due to safety concerns resulting from the pandemic, we have shifted to a remote work model. In the future, however, this position will require flexibility to travel as required for conferences and other events.
BBB National Programs is proud to be an equal employment opportunity employer.
Apply for this position
Nothing in the job description restricts management’s right to assign or reassign duties and responsibilities to this job at any time. This description reflects management’s assignment of essential functions; it does not proscribe or restrict the tasks that may be assigned. This job description is subject to change at any time.
BBB National Programs is a nonprofit organization where businesses turn to enhance consumer trust, and consumers are heard. BBB National Programs is where companies, industry experts, and trade associations work together within a self-regulatory environment to address issues of national and global importance, and to foster industry best practices in truth-in-advertising, child-directed marketing, data privacy, and dispute resolution.
At BBB National Programs, we understand that cultivating a great team is critical to advancing our mission to foster trust, innovation, and competition in the marketplace. Our staff is made up of talented, diverse, and highly-motivated professionals who continually seek out new challenges and opportunities to catalyze progress. Our workplace is an inclusive and dynamic environment that supports our employees and the meaningful work that they do.
BBB National Programs is proud to be an Equal Employment Opportunity Employer.