Legal pitfalls could ruin your best of advertising campaigns. Even if you are trying to build your brand image or to improve it, you need advertising compliance at every step. It is in your best interest to hire the services of an informed advertising attorney who can guide you in areas such as television advertising, social media, gift cards, sweepstakes, green marketing, product placement, and many more.
An advertising attorney will help in keeping your campaigns out of the regulatory eye. The lawyer will find loopholes in your compliance program and work towards improving it. He or she will also aid you in balancing risk & reward by making difficult. The advocate will resolve your regulatory issues.
What is advertising law?
The Federal Trade Commission sets forth the rules and regulations to govern the marketing and advertising law in the United States of America. The law affects how companies handle their marketing and advertising campaigns.
Advertising law manages business practices to avoid defrauding, misleading or deceiving consumers and also handles claims about products. Product promotions and media strategies for advertising are evolving rapidly. For example, today’s most prominent advertising channels such as mobile, affiliate, and social media marketing were non-existent a few years back.
Also, there is a tremendous change of scene in the working of the advertising industry with the involvement of intermediaries such as payment processors, affiliate marketers, endorsers, producers, and product developers. They all contribute to advertising decisions creating legal exposure.
Know how easy is reporting false advertising
Anyone can raise a claim about the health, safety, effectiveness, or cost of goods or services if the person finds that your any form of advertising such as Billboards, TV commercials, web pop-ups, etc. are false or misleading.
The individual can provide evidence such as a cut-out of your print advertisement or recording of a TV advertisement to support the claim. The person could contact your company and ask for a refund using the receipt of purchase.
If you do not respond, the customer could also contact a federal agency as well as their state agency to complain about your company’s false advertising. The person could also report to the Better Business Bureau (BBB), which will reach out to your company for a response. Such actions by the individual could land you in legal troubles.
The person could further tarnish your brand image by filing an online complaint on the website of Truth in Advertising, Inc. that collects information about false and deceptive marketing.
Filing a lawsuit
The customer could go one step further and sue your company for false advertising. He or she could not only demand the cost of the product purchased but also seek punitive damages and consequential damages.
Punitive damages include economic loss of the customer as well as have a factor to punish the defendant. Consequential damages include the losses the customer incurred due to the use of your product.
The individual could unite more people like him or her and bring a class action claim against your company. For example, a group of people who have incurred losses due to your product or service could collectively bring a lawsuit called class action.
Know how an advertising lawyer will prevent you from breaking the rules
The advertising lawyer will advise you on issues concerning advertising and marketing across all media channels. An experienced lawyer can handle issues arising from the influx of interactive technology and consumer-generated content.
The attorney can help you adapt to the rapidly changing world of advertising. The lawyer will formulate strategies and advice actionable plans. He or she will help in building your brand and protect your advertising campaigns from legal troubles.
As newer avenues of advertising, marketing, and communication continue to emerge and evolve, you need an experienced advertising lawyer having the relevant connections to give you sound advice. The lawyer could inform you about the best practices and new developments in social media, gift cards, sweepstakes, product placement, green marketing, television advertising, etc.
You need an advertising lawyer having a broad experience of guiding clients in the changing market place. The attorney should have a deep understanding of the rules governing the advertising law.
If necessary, the lawyer will litigate your advertising cases before the state and federal courts. The attorney will also represent clients before regulators like the Federal Trade Commission, Consumer Financial Protection Bureau, Federal Food and Drug Administration, Federal Communications Commission, etc.
The lawyer will also represent you in disputes with your competitors and appear before the National Advertising Division of the National Council of Better Business Bureaus and the Electronic Retailing Self-Regulation Program.
The attorney will represent you in different areas of advertising law such as Claim substantiation, Distribution counseling, Advertising and intellectual property litigation, class action, Content marketing, Marketing contracts, brand protection, defense against regulatory action, etc.
The lawyer will take care of the disclosure requirements in all media channels such as print, online, outdoor, and broadcast, and help you with compliance audits. The attorney will assist you with comparative advertising challenges including Lanham Act and unfair competition claims.
The attorney will not let your product or service stumble to a legal challenge either from a competitor, a consumer, or a government regulator.
The lawyer will also help you with various types of agreements and forms such as agency & client agreements, sponsorship agreements, event marketing agreements, commercial production agreements, license agreements, talent agreements, media purchase & insertion orders, web development, digital media, interactive & technology agreements, privacy policies, etc.
While you set a huge budget for advertising and marketing activities, taking a precautionary measure of hiring an Advertising Lawyer will save you a lot of money in the long-run. The attorney will provide proactive advice and save you from legal troubles.
You can easily find the best Advertising Lawyer near you using the smart search options of LawTally. It lists the top-rated attorneys from every corner of the United States of America and helps its visitors to connect with them conveniently.