How to Protect Marketing Companies from Unlawful Advertising Suits

The world of marketing is exciting. The job of a marketing firm is to make a product, brand, or service, irresistible to the general public. If a marketing team is marketing a widget, they want to make their widget look better, sound better, and appear more of a value, than any other widget on the market.

Marketing teams are creative. They push the line. They look for the new, unusual, and untapped method that will get their widget noticed. Their creations are unique and exciting, But, are they legal? Sometimes there is a fine line determining what is and is not legal regarding the marketing of your widget. Crossing that line, even inadvertently, results in unlawful advertising suits, loss of money, and a bruised reputation. This is something marketing firms want to avoid at all cost.

Be Proactive

The law is an ever-changing field. It takes a skilled attorney with experience in the world of advertising laws to ensure your marketing plans are legal. You need a partnership with a legal expert to prevent you from making mistakes.

Why do you need an attorney on your team?

• The cost of an attorney, skilled in the advertising and marketing laws of the land, costs much less than going to court.

• They prevent you from making mistakes that result in damaging your brand and reputation.

• They advise changes to your marketing strategy to allow you to keep your program and not break the law.

• They are familiar with your company and can provide a criminal defense attorney if there is a legal problem.

How do you avoid errors that break the law?

Here are some tips on what to avoid in your campaign:

• Do not make unsubstantiated claims. You may think your product can reverse the law of gravity, but unless you have something solid to back that up, do not put it in your marketing strategy.

• Do not use images, videos, and literature from the internet for your marketing without knowing the “fair use” act covers it. or you have permission to use it from the owner. Do not assume you “can” copy it.

• If you use images that are free to use, read the “terms of use” section. Rules may still apply to where and when you can use the intellectual property of someone else.

• Do not use social media data collection without passing it by an attorney. There are so many ways this can get a company into trouble. In some cases, you are not allowed to collect the data to use in an infographic, for example. In other cases, you can. Selling data collected from social media sites is a major risk. This is an area that requires the eye of a skilled professional.

• Sweepstakes and contests are other areas that have strict rules. Adding a disclaimer does not protect you. Do your homework before you begin this type of plan and be sure you are legal.

The good news

The good news is, having an attorney on your team will save you a lot of legal headaches. You save money and in most cases can use the strategy you create. An attorney can tell you how to change wording to stay within the law.

Be proactive and protect your company and your brand.

If you find yourself in an unlawful advertising suit, you need a good attorney to fight for your rights, Do not go it alone. Not knowing the law will not help you in court. Having an attorney in your network, is good business. Check out this infographic from Monder Law Group for more useful information regarding how to avoid copyright infringement.

Wendy Dessler is a super-connector with OutreachMama and Youth Noise NJ who helps businesses find their audience online through outreach, partnerships, and networking. She frequently writes about the latest advancements in digital marketing and focuses her efforts on developing customized blogger outreach plans depending on the industry and competition. You can contact her on Twitter.