Maldonado Law provides the following services to Online Advertisers and Marketers:
- Internet & Mobile Advertising FTC regulations
- Independent & Network Website Publisher Agreements
- False Competitor claims & Misleading Ads
- Disclosures on Incentivized Traffic Ads
- Art & copy clearance of Ads
- Disclaimers on Ads on social & professional networks
- Ad compliance for Food, Drugs & Cosmetics with FDA and FTC rules
- Limits on Comparative Ads and Competitive Advertising
- Sponsorship and Endorsement agreements & disclaimers
- False Competitor claims & Misleading Advertising
- Disclosures on Incentivized Traffic Ads
- Privacy Policies & unlawful internet analytics
- Affiliate network marketing contracts & disputes
- Website Copyright or Trademark infringement
- Email Campaigns & Spam compliance
- Shrink Wrap Licensing Agreements
- Work for hire contracts
Maldonado Law has worked with online marketing and advertising since 2009. During that time, the movement and innovation within internet marketing has exploded. Alongside this has come greater regulation and application of laws regarding claims, tactics and disclosures required so that consumers make informed choices and purchases online. However three basic tenets run true for most regulation on claims and tactics employed by online advertising campaigns. Marketers are not deceitful or untruthful in product or brand claims. That they evidence to back up their claims. And, that are fair in the purpose and methods used in the marketing campaign.
Some common legal complications that Online Advertiser face include:
- Failure of independent web publishers that incentive traffic flow to disclose their sweepstakes (little or no condition to entry and random winners) are contests (that requires participant to do something) in ad or product promotion.
- Campaign microbloggers that fail to disclosure that they are compensated by the internet marketing company or the brand they are positively promoting.
- FCC privacy rules that Internet Service Providers to obtain opt-in consent before collecting and using private data (e.g. browsing or app usage history) for ad targeting.
- Use of unauthorized images or un-consensual use of a person’s face in a photo used in Social media marketing ads or microblogging,
- Failure to abide by FTC guidelines for influencer marketing and endorsers, affiliates, publishers and micropublishers.
Regulation of Internet Advertising, Claims and Disclaimers
Consumer issues related to questions of clarity of disclaimers, labeling, sales methods or business practices can involve inquiry by state and federal agencies including the FTC or State Attorney Generals. Prevention is always the best remedy from our perspective and the firm offers services in the area of attorney opinion letters as to law and regulation governing consumer sales and the policies of our clients. Such opinions neutrally review of applicable law and regulation over business activity or new product with implication of approvals or compliance with:
- Federal Trade Commission rules and guidelines
- Telemarketing rules and laws
- Do Not Call (DNC) requirements and practices
- U.S. Department of Health and Human Services, Federal Drug Administration labeling for non-drug products
- Federal Communication Commission privacy rules
- Florida laws on Sweepstakes versus Contest
- Florida Departments of Financial Regulation rules
- Florida Unfair Trade Practice laws
We work with our client to develop clear and conspicuous language on disclaimers and labels to advise consumers of not only applicable terms of sale, but required disclosures. Our services include review of existing practices and investigations where an employee or officer diverged from established practices of the company resulting in inquiries by the FTC, State Attorney Generals or regulatory agencies.
Contact Maldonado Law to schedule a confidential initial consultation about your Online Marketing or Ad Campaigns and related legal issues as well as learn about our pricing and experience.
INTERNET & TECHNOLOGY PRACTICE
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