Description

What if your next big promo landed you in court?

This week, Emma Rainville and compliance attorney Ryan Poteet break down DraftKings’ $3 million marketing settlement—and the deceptive bonus offer that triggered it. From “risk-free bets” to 30-day guarantees, we unpack how one headline promo became a regulatory minefield and what marketers must do to avoid similar fallout.

Whether you’re running affiliate banners, SaaS free trials, or limited-time bonuses, this episode is your tactical guide to staying compliant without killing conversions. We cover legal definitions of deception, why “clear and conspicuous” means more than fine print, and how affiliate behavior could make you liable—even if you didn’t approve the ad.

We cover:

• The DraftKings settlement: deceptive by omission vs outright lie
• Why “free” and “risk-free” are legal red flags (even with fine print)
• FTC rules on disclaimer proximity (and why footers won’t cut it)
• State AGs, class actions, and affiliate banners under scrutiny
• A tactical checklist for legally bulletproof bonus offers

Timestamps:

• (0:00) DraftKings: what happened and why $3M was paid
• (1:27) “Risk-free” ≠ risk-free: why terms must match the claim
• (3:12) What counts as “clear and conspicuous” in ad copy
• (5:06) Affiliate networks, UI banners, and who’s responsible
• (7:14) Class actions vs AG enforcement: the bigger threat
• (9:29) Tactical checklist: fix your offer stack, disclaimers, and funnels
• (12:05) Final verdict: one promo, skipped truths, $3M gone

Download the playbook:

Get our Bonus Marketing Compliance Template—tested language, visual placement cues, and funnel audit steps—in the Visionary Vault at www.specialopspodcast.com.

Explore Free Resources at the Visionary Vault:

https://specialopspodcast.com/visionary-vault

Get in Touch with Ryan Poteet:

Website: https://www.grsm.com/   

LinkedIn: https://www.linkedin.com/in/ryan-poteet-43098ba  

Get in Touch with Emma Rainville: 

Website: https://specialopspodcast.com/    

YouTube: https://www.youtube.com/@specialopspodcast   

Instagram: https://www.instagram.com/emma_rainville512/  

LinkedIn: https://www.linkedin.com/in/emmarainvilleoperationsguru