Benjamin Stein

 

Partner, CHicago office

C:(630) 880-6812

bstein@infolawgroup.com

Linkedin

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About Benjamin

Ben Stein joined InfoLawGroup in April 2013. For over a dozen years, Ben has routinely counseled clients – from major household names to upstart innovators – on advertising, promotions, privacy, and intellectual-property matters. Ben helps clients balance compliance requirements and legal obstacles against business goals. A team player by nature, Ben partners with both in-house counsel and directly with business team stakeholders in order to minimize risk while achieving the desired business outcome. He also negotiates a broad swath of advertising and technology related contracts, striving always to secure maximal protection while prioritizing efficiency for his clients.

Ben regularly advises clients on: operating sweepstakes and contests, complex loyalty programs, subscription programs, influencer marketing campaigns, gift-card programs, referral programs, advertising clearance and licensing issues, right of publicity, trademark, and copyright matters, compliance with social-media platform and app-store requirements, website terms and policies, privacy compliance related to state biometrics laws, the Children’s Online Privacy Protection Act, and mobile marketing, and the negotiation of all manner of advertising and technology-related agreements.

He is a member of the International Association of Privacy Professionals (“IAPP”) and is a certified Artificial Intelligence Governance Professional (AIGP). Ben began his practice in the intellectual-property group of Wildman Harrold Allen & Dixon LLP – since merged into Locke Lorde LLP.

I am mindful of how much you gave to us and am deeply appreciative of all of that. I hope that the program launch is a success, but regardless I know that your work made it successful for us.
— Happy Client

Representative Experience

  • Frequently counsels clients on issues related to promotional campaigns – including drafting sweepstakes and contest rules, advising on compliance with applicable laws and platform guidelines, and helping businesses address practical, operational issues in administering non-traditional promotions.

  • Substantial experience advising on subscription programs and compliance with federal and state auto-renewal laws applicable to same, as well as payment-card company requirements.

  • Advises on a variety of advertising issues, including those related to influencer marketing, affiliate programs, and retail sale pricing.

  • Counsels clients on development of complex loyalty programs, including drafting of governing terms, advising on program-related advertising issues, and helping address program changes.

  • Substantial experience advising on issues related to children’s privacy, as well as on TCPA compliance and other privacy issues related to marketing campaigns.

  • Counsels on compliance with state biometrics laws.

  • Advises on the operation of gift-card and similar stored-value programs and related compliance issues.

  • Counsels clients on right of publicity, trademark, and copyright concerns.

  • Counsels on issues affecting online behavioral advertising and negotiates AdTech contracts for services associated with the same.

  • Drafts and negotiates agreements in a wide variety of transactions, including consumer-facing and vendor/supplier agreements related to e-commerce and content- and technology-licensing agreements.

  • Counsels on issues related to the development of client websites and apps, including drafting governing terms and policies and advising on compliance with app-store requirements.

Publications

“Home Depot Pays $750,000 to Settle CA Suit that it Failed to Cash Out Gift Cards,” The American Legal Blogger, August 2024

“BIPA Amended to Axe Per-Scan Liability,” Lexology, August 2024

“FTC Finalizes $16.5M Settlement with Avast Over Sales of Browsing Data for Ad Targeting,” The American Legal Blogger, July 2024

“BIPA Decisions Expand Potential Liability: What’s Next in Illinois and Other States?” Cybersecurity Law Report, March 8, 2023

Portland's Facial-Recognition Ban Sees its First Lawsuit; Baltimore's Ban Expires,” Lexology, January 2023

Drake & 21 Savage Sued by Condé Nast over Fake Vogue Issue”, November 2022

“Apple's In-App Account Deletion Requirement is Coming (but Not Quite Yet),” Lexology, January 2022

Monthly Subscription Programs: Watch out for Colorado's New Law,” Lexology, December 2021

Baltimore Bans Private Use of Facial-Recognition Technology,” Lexology, August 2021

New York City Biometrics Ordinance Arrives in July,” Lexology, March 2021

Putting Your Money Where Your Mouth Is: The FTC's Amazon Flex Settlement,” Lexology, February 2021

Portland’s Ban on Facial-Recognition Technology Takes Effect,” Lexology, January 2021

Autorenewal Update: CA Appeals Court Limits No-Harm Actions, Ancestry.com Heads to Arbitration & FTC Continues ROSCA Enforcement,” Lexology, October 2020

“How to Avoid Pitfalls in Running a New-Media Promotion,” Law360 (March 26, 2014)

“Protecting Trademarks Against the Counterfeiting Threat” (co-author), World Trademark Review (Issue 36, April/May 2012)

Quoted in:

Complying With NYC’s New Biometrics Law,” Cybersecurity Law Report, March, 2021

Far-Reaching Google and YouTube Settlement Offers COPPA Compliance Lessons,” Cybersecurity Law Report, March 2019

PROFESSIONAL ASSOCIATIONS

Association of National Advertisers (ANA)

International Association of Privacy Professionals (IAPP), certified Artificial Intelligence Governance Professional (AIGP)

 
 

Bar Admission

Illinois, 2010

Education

University of Michigan, J.D. 2010 (cum laude)

University of Michigan, B.A. 2005, English Language & Literature

Recognition