Joselle Albracht is a senior counsel in the firm’s Advertising & Media Group and a member of the firm’s State Attorneys General Enforcement & Investigations practice.
An experienced regulatory lawyer, Joselle advises and counsels clients on complying with the multilayered framework of state and federal consumer protection regulations that impact their day-to-day operations. Her extensive regulatory knowledge extends across broadcast, print, direct, telemarketing, online, social, and behavioral media. She provides an entire complement of legal services with respect to drafting rules and contracts for sweepstakes, contests, and promotional events. Additionally, Joselle performs legal audits of business systems and drafts company-wide compliance policies and procedures in areas such as customer service, consumer complaint handling, and employee discipline.
Joselle has worked with the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) as both a regulator and as an advocate for clients. She is also experienced with the procedures and decisions of the National Advertising Division (NAD). On behalf of clients, Joselle has drafted reports and comments, and testified before Congress, in connection with federal and state consumer protection legislation and regulations.
Prior to entering private practice, Joselle served as Assistant Attorney General for the Consumer Protection Division in Texas, where she rose to the position of Chief of Insurance Practices. As an Assistant Attorney General, Joselle led state and multistate regulatory enforcement efforts, including multistate enforcement actions and initiatives involving the sweepstakes marketing industry, vehicular safety issues, and charitable fundraising.
Joselle is licensed to practice in New York, Texas, and Washington, D.C. (inactive).
Representative matters include:
- Conducted a complete compliance review and audit of all advertising and marketing collateral across all media for a large multi-publication media company.
- Assisted in the development of internal advertising and consumer protection compliance programs for publishers and other diverse industries ranging from security companies to telephone resellers.
- Represented sweepstakes marketers, consumer finance companies, and direct marketers in successful settlements of state and multistate regulatory matters.
- Acted as the ongoing monitor of competitor advertising on behalf of a major consumer software company.
- Participated in the successful resolution of several state and multistate attorney general actions against direct sweepstakes marketers, entertainment service providers, finance companies, a health and fitness club, a debt collection agency, a for-profit education company, and membership clubs.
- Developed sweepstakes, contests, and promotional programs across multiple platforms for a wide variety of clients including a national retail hardware chain, a national fitness center chain, an online fitness program, and multi-media publication syndicates.
- Persuaded the Food and Drug Administration (FDA) to close an investigation of a drug manufacturer’s advertising claims without enforcement action.
- Acted as a complaint review specialist in connection with comprehensive consumer restitution programs pursuant to multistate consent judgments involving national satellite service providers and a national health club chain.
- Created personnel policies and disciplinary procedures for a national security company and a multi-level marketer of telephone services.
- Supervised the conduct of 50-state surveys of laws and regulations, including, unfair and deceptive trade practices acts; rules and regulations specific to online marketing; laws regarding retail price advertising, telemarketing, privacy, debt collections practices, home solicitations, consumer contracts, health clubs, and laws regulating the retail sale of weapons, and over-the-counter pseudoephedrine products.
- Developed terms of use and privacy policies for multiple clients, including an online fitness company, a national apparel company, and a social media platform.
- Represented a major alcoholic beverage company in connection with industry advertising initiatives and regulatory matters.
Affiliations
Admitted to practice: New York, Texas
Joselle is admitted to practice in New York and Texas.
Client Alerts & Newsletters
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"Consumer Financial Protection Bureau Ramps Up Consumer Protection Oversight Under Biden Administration,"
Administrative Law Alert
(February 9, 2021).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"New York Significantly Toughens Laws on Automatically Renewing and Continuous Contracts,"
Advertising & State AG Alert
(January 5, 2021).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"New York Law Forbids Gendered Pricing,"
Advertising & State AG Alert
(November 19, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"California Attorney General Begins Enforcement of CCPA Even Ahead of Regulations’ Approval,"
Advertising & State AG Alert
(August 18, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorneys General Target Unsupported Medical Treatment Claims,"
Advertising & State AG Alert
(July 24, 2020).
Contacts: Lauren Aronson, Clayton S. Friedman, Holly A. Melton, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorney General’s Office Achieves Victory on Maine Broadband Privacy Law,"
Advertising & State AG Alert
(July 17, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorneys General Are on the Watch for COVID-19 Related Scams,"
Advertising & State AG Alert
(July 7, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Pricing in an Anti-Price Gouging World,"
Advertising & State AG Alert
(May 27, 2020).
Contacts: Clayton S. Friedman, Holly A. Melton, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Consumers Hold Businesses Accountable During the COVID-19 Crisis,"
Advertising & State AG Alert
(May 27, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorneys General Turn their Focus to Consumer Credit and Mortgages,"
Advertising & State AG Alert
(May 4, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Will State Attorneys General Pursue Enforcement Demanding COVID-19 Refunds for Consumers?,"
Advertising & State AG Alert
(April 28, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorneys General Press the Federal Government to Protect Consumers' Relief Checks Under the CARES Act,"
Advertising & State AG Alert
(April 20, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"State UDAP Laws are a Treasure Trove of Civil Penalties for Price Gouging,"
Advertising & State AG Alert
(April 15, 2020).
Contacts: Clayton S. Friedman, Joselle Albracht, Michael Yaghi, Suzanne Trivette
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"Force Majeure and Reference Pricing are Concepts Businesses Need to Think About During the COVID-19 Crisis,"
Advertising & State AG Alert
(April 13, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Does Recent Guidance from State Attorneys General on Consumer Losses Signal Future Enforcement Actions?,"
Advertising & State AG Alert
(March 31, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"State Attorneys General Update: COVID-19 Crisis,"
Advertising & State AG Alert
(March 27, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht