The Golden State Warriors (the “Warriors”) are the latest high-profile company to have a website-related American with Disabilities Act (“ADA”) lawsuit filed against them. On
KMT provides clients with ongoing, up-to-the minute advice on current federal and state laws, rules and regulations applicable to the Internet, social media, mobile, email, SMS and direct marketing spaces.
KMT's Focus Includes:
Website Terms and Conditions, coupled with online Privacy Policies, are the legal documents used to establish the contractual relationship between website operators and their respective end-users and customers. Given this vital role, it is of paramount importance that website operators ensure that their website Terms and Conditions limit liability to the maximum extent permitted by law and provide other key legal protections.
The FTC and state attorneys general frequently investigate and prosecute companies for deceptive influencer marketing practices. Accordingly, it is important that companies work with experienced marketing attorneys to guide them through state and federal consumer protection laws in order to avoid regulatory trouble.
Well drafted affiliate marketing agreements with the affiliates and advertisers participating in your network can greatly reduce your exposure and potential liability. With the right contracts in place, you could be left with a marketing business that has a lucrative upside with very little risk.
It is critical that affiliate networks work closely with experienced counsel to not only properly draft its affiliate network agreements in order to ensure that the network is afforded maximum protections, but also to review its practices and procedures to minimize the risk of being held liable for the acts of network affiliates.
While it might seem like a minor point in what can otherwise be more substantive negotiations at the outset of any joint venture, marketing partnership or other business opportunity, it is essential that you insist on using your own contract form when you are ready to memorialize the relationship. It is not uncommon for both parties to have, on hand, a version of a given agreement (such as an Insertion Order, List Management Agreement, Lead Purchase Agreement, etc.), but, wherever possible, you should insist on using your version, and not the other side’s.
Telemarketing list management arrangements enable third party list managers, with expertise in telemarketing to client databases, to select high performing and desirable offers, market those offers to client databases and manage the logistical aspects of such telemarketing campaigns. It is highly recommended that you retain qualified legal counsel to ensure that your database collection and maintenance practices are legally compliant.
An Internet lead is a consumer inquiry generated when a consumer fills out a form on a website requesting to be contacted by a business (marketer). Internet leads are often purchased by marketers on a cost per lead basis.
Email marketing attorneys counsel their clients to not only comply with federal anti-SPAM laws, but state anti-SPAM laws as well which, in some instances, may be more stringent. To avoid ending up in the crosshairs of the FTC, or that of a private litigant for that matter, it is important to consult with competent email marketing attorneys prior to commencing any campaign.
With the enforcement of the California Consumer Privacy Act (“CCPA”) commencing on July 1, 2020, many businesses should be taking a close look at their CCPA service provider agreements. Consistent with the foregoing, the CCPA requires businesses to ensure that their service providers and other third-party partners refrain from exploiting the personal information that is shared with them.
Telemarketers must ensure that they comply with both state and federal telemarketing rules and regulations or risk significant penalties. It is best to have all internal telemarketing practices and procedures regularly audited by experienced marketing counsel.
Restore Online Shoppers’ Confidence Act (“ROSCA”) was enacted in January 2011 to prohibit online retailers from charging consumers’ financial accounts unless they have clearly disclosed all material terms associated with their subject products/services and obtained consumers’ express informed consent to bill for those products/services. ROSCA mandates that sellers obtain financial account information directly from consumers and not share that information with other third party sellers (for example, the sharing of consumer financial information between sellers in an online co-registration flow).
Internet search engines, such as Google, Bing, and Yahoo, use complex algorithms to display search results that correspond to particular words or phrases (keywords). While most search results are organically generated and sorted according to relevance, an advertiser can pay to have its advertising copy and a hyperlink to its Web site appear above or to the right of the organic results.
Broadly speaking, the FTC and state attorneys general require advertisers to refrain from making false or unsubstantiated claims-related representations. To avoid regulatory enforcement and other legal risk, businesses operating in the Internet advertising space should always consult with an experienced marketing attorney before commencing any new native or search ad campaign.
KMT Internet marketing lawyers advise clients on marketing ventures undertaken in connection with various social media platforms. In addition, KMT offers its clients comprehensive review of their marketing materials, web and/or mobile content and creative material, in order to ensure compliance with applicable laws, rules and regulations, including the California Consumer Privacy Act (CCPA) and the Telephone Consumer Protection Act (TCPA).
The United States District Court for the Southern District of New York recently issued a ruling that exemplifies the importance of well-drafted website Terms and