MARKETING & ADVERTISING LEGAL REVIEW

Marketing and Advertising Legal ReviewsVery often, it is a business’s own words that can cause it the most harm. How is this possible?

Businesses define themselves and hold themselves out to their world of potential customers through their websites, advertising and  marketing materials. Through these, businesses communicate promises to their customers in the form of guarantees, representations, and warranties – sometimes unwittingly.

If these promises aren’t fulfilled, customers that relied on them will often have claims for breach – and if those promises are broken to many customers, a single customer’s claim can mushroom into a class action of customers claims.

Having one of our business lawyers review your business’s advertising, marketing and promotional materials, and websites, could save your business from hundreds of thousands of dollars, or more.

It may seem odd to hire a Business Attorney to review your marketing and advertising materials (brochures, flyers, websites, commercials, mailers etc) but it is these materials that very often get businesses into the most expensive legal trouble. Consumer protection statutes often allow the consumer to recover multiple damages (double or triple that actual losses) plus litigation costs and attorney’s fees.

IP-Licensing-and-CommercializationExamples include:

  1. a business that incorrectly identifies itself on its website as a “service provider” when, in fact, it is only a “broker” of the services and performs no actual services itself;
  2. a seller of food products makes claims that could be construed as “medical claims” in violation of FDA regulations;
  3. a business makes product claims that are have no support or basis in fact, or are in violation of a state or federal regulation;
  4. a business fails to put disclaimers or qualifiers on express promises, claims or guarantees;
  5. a business uses the trademarks of others – or fails to properly identify the registered trademarks of others – in its advertising or marketing materials.

Big companies have both in-house and outside legal counsel to conduct legal reviews of their website presence, social media presence, and advertising and marketing materials on a regular basis to protect themselves from the lawsuits that can arise from the types of examples above.

With the help of the Boston Business Lawyers at THE JACOBS LAW LLC, you and your business can now afford to do the same.

A simple review by an experienced Business Attorney at The Jacobs Law can be worth hundreds of thousands, or even millions of dollars, of savings defending against lawsuits and paying out judgments for competitor claims or consumer claims related to false, misleading or deceptive advertising claims, unfulfilled marketing promises or false “guarantees”.

That old saying ‘an ounce of prevention is worth a pound of cure’ has never been more true when applied to these circumstances.

Lawsuits for false, misleading, or deceptive advertising, breach of contract, and breach of warranty have become big business for lawyers — and not just for consumer claims brought by traditional plaintiff attorneys.

The Federal Lanham Act allows competitors to sue other competitors for false, misleading or deceptive advertising, and one of the penalties is disgorgement of profits earned from such ads. Nonetheless, competitors can still make common law claims for false or misleading claims made in business advertising.

A Business Attorney at The Jacobs Law LLC can assist your company with conducting legal reviews of your websites and marketing and advertising materials. Don’t get caught by unexpected consumer or competitor lawsuits for broken promises, failed guarantees, or false, misleading or deceptive advertising.  Our Business Lawyers have experience reviewing and advising businesses on their promotional, marketing and advertising materials for claims or other statements that may give rise to legal trouble. Contact a Boston Business Attorney at The Jacobs Law LLC today!The-Jacobs-Law LLC

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Legal Reviews of Marketing & Advertising Materials