Internet Advertising and Marketing Law

Marketing law has undergone a revolution in recent years due to the rise of internet and mobile based marketing. Advertisers and lead generators now enjoy unprecedented direct access to consumers. While this has presented lucrative new advertising opportunities, it can also create legal problems for businesses unfamiliar with applicable state and federal advertising laws.

Internet and mobile marketing is a heavily regulated industry. There are various federal laws which are generally enforced by the Federal Trade Commission ("FTC"). In particular, the FTC enforces the Telephone Consumer Protection Act ("TCPA") and false advertising issues such as endorsements and testimonials. Email marketing is also regulated by the FTC under the CAN-SPAM Act.

Many states have consumer advertising statutes that may be enforced by private parties or a state attorney general in civil litigation. In California, these statutes include California Business and Professions Code Sections 17200 and 17500.

With regard to intellectual property lawsuits, affiliate networks and lead generators are especially vulnerable to claims for trademark and copyright infringement based upon the activities of affiliates and data brokers. Many times, plaintiffs bring claims against networks and lead generators based upon contributory or vicarious liability theories.

At Syverson, Lesowitz & Gebelin, LLP, one of our firm's partners, Erik Syverson, is an experienced internet marketing attorney who has represented numerous defendants in internet marketing litigation. Mr. Syverson’s civil litigation clients have included affiliate networks, lead generation companies, text message marketers, franchisees and franchisors, websites and internet service providers.

Mr. Syverson and our legal team help business clients in many industries around the world understand how Internet marketing is regulated. We are committed to protecting our clients' commercial interests online. We can provide internet marketing and advertising compliance services to your company so that litigation risks are minimized. Preventative action is the best way to avoid defending a costly consumer privacy class action or TCPA class action lawsuit.

Contact our law firm today to discuss your legal concerns about e-commerce, online advertising law and other Internet marketing issues.

Our law firm understands the language of the Internet, applicable regulations and how to get results for clients in litigation and compliance work. We advise clients on Internet marketing issues such as:

• Affiliate marketing
• Continuity programs
• Cost per action (CPA)
• Keyword bidding
• Text message advertising
• TCPA
• FTC advertising guidelines
• Trademark and Copyright Infringement
• Consumer Privacy
• CAN-SPAM
• The Communications Decency Act

We can also help address breach of contract issues involving affiliate agreements and website terms and conditions.

Whether you seek to develop a U.S. internet or SMS marketing effort or are involved with an international marketing campaign, we can help you understand the laws governing internet data collection, lead generation and affiliate marketing. We can also help you allocate risk, ensure that your online marketing plans make sense for your business and help you avoid civil litigation including consumer class actions.

For more information about Internet marketing, contact our law firm today to meet with a highly skilled Los Angeles Internet marketing lawyer.