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Advertising Law

Your trusted partner in navigating the complex laws that regulate the advertising of credit and financial products in Australia

Our philosophy at Hindsight Legal Advisers is to act as an enabler as opposed to a roadblock by communicating and collaborating with your team to deliver effective and compliant advertising and marketing material.

We have the technical expertise and practical experience to help banks, non-bank lenders and financial institutions navigate the complex regulatory requirements that apply to the advertising of products and services in Australia.

Our unique and cost-effective advertising review service provides your marketing team with consistency and guaranteed turnaround times while providing your legal team and the business with fixed-price certainty and the comfort of a dedicated team of expert lawyers.

How we can help

Our lawyers can help you with the following:

We provide advice on marketing compliance in a range of highly regulated industries such as financial services and regulated lending. This service offering extends to performing collateral reviews of advertising collateral in all media including websites, digital banners, direct marketing (eDMs & DMs), social media, influencer marketing, TVCs, video, POS and print.

We provide advice on both existing and new trade promotions and competitions, including reviewing and drafting terms and conditions, applying for permits and reviewing all related marketing collateral

We review and draft advertising policies and
guidelines that provide your marketing and legal teams with clear legal and regulatory requirements to help mitigate risks, ensure compliance and increase efficiency.

We help you respond to ASIC requests and correspondence that relate to your advertising and marketing material

We offer ongoing support to help you navigate any changes in advertising and marketing laws and appropriately respond to complaints from consumers, industry bodies and regulators such as the Australian Competition & Consumer Commission (ACCC) or Ad Standards.

Benefits of engaging us

A cost-effective and transparent pricing framework. We charge a fixed-price for the review of each piece of collateral and campaign

Guaranteed two-day turnaround for general matters and 24-hour turnaround for urgent matters

We provide a collaborative process with regular meetings with the legal and marketing teams to understand your objectives, products and campaigns

All advertising and marketing work is completed by a team of expert lawyers that are experienced in providing advice to major banks, lenders, financial institutions and all types of businesses

Experience

Our lawyers have assisted numerous banks, non-bank lenders and financial institutions comply with their obligations under the various advertising and marketing laws and regulations. This includes:

Reviewing and providing legal sign-off in relation to advertising collateral and campaigns across all marketing mediums for:

  • a ‘big 4’ bank, including their consumer, business, wealth and brand channels;
  • major banks and non-bank lenders, including their consumer and business channels as well as their automotive finance products across numerous vehicle manufacturers; and
  • Buy Now Pay Later (BNPL) providers

Advising on the compliance requirements of the:

  • Corporations Act 2001 (Cth) (Corporations Act) and Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) in relation to the advertising of financial products across all mediums.
  • National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and the ASIC Act in relation to the advertising of credit products across all mediums.

Reviewing and drafting advertising policies and guidelines that cover the requirements of the Corporations Act, ASIC Act, NCCP Act, SPAM Act 2003 (Cth) (SPAM Act), Do Not Call Register Act 2006 (Cth) (DNCR Act) for a ‘big 4 bank’, as well as numerous banks, non-bank lenders and financial institutions

Providing advice on misleading and deceptive conduct and ASIC Regulatory Guide 234 (RG234)

Advising on marketing vs. servicing under the SPAM Act and Privacy Act 1988 (Cth) (Privacy Act) with respect to direct marketing such as emails (eDMs) and direct mail (DM)