Susan Tillotson Bunch

I have practiced in the promotions and privacy areas for over twenty-six (26) years. Given the plethora of data privacy issues implicated by so many advertising campaigns and my clients’ fascination with emerging technologies, I have been fortunate enough to develop a secondary focus on data privacy and security, both in the context of advertising campaigns and as a stand-alone practice area. I have earned and maintain the following designations from the International Association of Privacy Professionals (IAPP) (and the American Bar Association with respect to the PLS* designation):

• Certified Information Privacy Professional/United States (CIPP/US)
• Certified Information Privacy Professional/Europe (CIPP/e)
• Certified Information Privacy Technician (CIPT)
• Certified Information Privacy Manager (CIPM)
• Privacy Law Specialist (PLS) (*not a Florida board certification)

Although my employment history includes partnership at an AmLaw 100 firm, I am a geek at heart, as reflected by my joy in currently training for the new IAPP Artificial Intelligence Governance Professional certification.

My experience in the promotions area grew out of a media law practice, in which our television clients (initially one local station) offered promotions, particularly during the quarterly Nielson ratings periods. With one client owning dozens of stations, you can imagine how busy October and February were! Necessity being the mother of invention, and I being the mother of nerds, I developed a logic-based platform for clients to provide the basic information on their proposed promotions so that I could turn last minute requests into Official Rules, Abbreviated Disclosures, Winner Outreach Materials and regulatory filings when required, as quickly and efficiently as possible. To date, I have run hundreds of promotions through the platform.

I am also very experienced with Doxsera document automation software and rely heavily on it to keep client budgets under control.

My promotions law experience is varied and includes general advertising review, substantiation issues, premiums, rebates, sponsorship and co-promotions agreements, commercial co-venture campaigns, gifts, gamification, discounts, advertorials, endorsements and testimonials, enter to win sweepstakes, watch and win TV campaigns, user-generated content promotions, virtual scavenger hunts, charitable raffles, surprise and delight campaigns, employee sales incentive contests, contests of skill, social media campaigns, esports tournaments, countless cross-platform hybrids of the foregoing, multi-zone campaign coordination, and more.

The clients come from a dizzying array of industries, including start-ups, non-profits, educational institutions, medical practices, manufacturers, retailers, individual authors, marketing companies, publishers, grocery store chains, trade associations, vacation sellers and travel agencies, professional sports franchises, and more. With respect to prizing and gifts, if it can be given away, I’ve probably drafted rules or terms for it. (Dream Weddings, exotic travel, cold hard cash, liposuction, home improvement services, audition opportunities, half of a house, cars, boats, bone density scans, entire businesses, sausage biscuits for a year, winning recipe publication, and of course, all the branded swag that the winner can carry away with delight. I have yet to draft rules for space travel but I’m optimistic).

My focus is on helping brilliant creative types and in-house counsel to get the most bang for their marketing buck, without violating lottery laws or consumer protection statutes. I especially enjoy turning a regulatory obstacle into additional ROI by approaching it from a marketing goals perspective – if the client must offer a “free” method of entry, ideally it should be one that increases interest in their business, not a boring SASE. Understanding their marketing goals, corporate culture and risk tolerance are critical to the entire process.

In addition, while the exponential growth of technology and AI have created the opportunity for more productive marketing, they frequently trigger novel legal implications that can keep in-house counsel up at night. Respecting the creative process while avoiding unexpected bumps in the road is one of the strengths that facilitate my end game - to make sure my client (whether marketing director, general counsel or PR staff) is a rock star.

I have worked substantially remotely for the last two (2) decades. As a former media lawyer, I still adhere to the “walk slow read fast” mantra. My experience organizing, juggling and constantly re-prioritizing ongoing projects with (Friday afternoon) fire drills ensures that campaigns are thoroughly, timely and efficiently vetted.

Thriving under pressure enables me to handle the demands of a fast-paced marketing environment, serenely I might add 😊. I consider myself one of a very small and fortunate group of attorneys with thirty (30) year+ careers who truly look forward to Mondays. While I work independently, I actively seek out and thoroughly enjoy opportunities to work with stakeholder teams. The collaborative setting helps to ensure that solutions sync up with the client’s objectives as well as its particular organizational culture, relationships and risk tolerance.