Online Merchants

Online merchants (advertisers) are held to the most stringent Internet marketing compliance requirements and our online advertising attorneys possess the legal know-how to maximize revenues and mitigate potential liability.

Online merchants in the performance marketing industry need to be aware of state and federal advertising laws and regulations.  Even though specific Internet marketing activities being complained of may not be directly attributable to an online merchant, an advertiser may be liable for the unlawful advertising practices of its third party marketing partners and subsequently find itself between the cross-hairs of a government inquiry or civil litigation.

For example, an online merchant's e-mail and/or mobile marketing campaigns may subject them to liability for violating the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (the “CAN-SPAM Act”), state anti-SPAM legislation, telemarketing rules and restrictions, and state or federal deceptive advertising regulations.  Advertisers face potential liability even when they possess no actual knowledge of the violation.

If your business model includes telemarketing, the Telephone Consumer Protection Act and the Telemarketing Sale Rule will likely govern your activities.  The CAN-SPAM Act and state anti-SPAM laws set the rules for commercial email, establish requirements for commercial messages, give recipients the right to have you stop emailing them, and spell out tough penalties for violations.  Non-compliance with state and federal anti-SPAM and telemarketing legislation can be costly.

Merchants should be hyper-vigilant and contact an experienced advertising law attorney to assess their online marketing campaigns, program management, contracts, guidelines and landing pages. 

Given today's legal and regulatory landscape surrounding continuity and free-to-pay conversion programs, it is critical that you obtain guidance from an experienced legal professional prior to offering such billing options as part of your marketing campaigns.

Hinch Newman is at the forefront of these issues, including deceptive advertising litigation, compliance, training and preventative review.  We analyze offers, landing pages, pre-sale pages and creative content to ensure compliance with state and federal advertising regulations while maintaining conversions.

The firm aggressively protects the legal interests of Internet marketers and consistently finds solutions that  both meet business objectives and satisfy regulatory requirements.