Great Ideas Build Profitable Companies. Protect Them.

Effective marketing is compliant marketing.

Are you in line with every digital marketing rule and regulation?

Don't fall into a government fine trap.

Protect profits by working with an online marketing compliance lawyer.

What We've Done

Kelly / Warner's marketing law team has helped clients:

  1. Developed intellectual property licensing deals;
  2. Counseled and litigated on behalf of clients involved in a contract, infringement or another type of unfair competition claim;
  3. Assisted with keyword advertising and affiliate disputes;
  4. Helped online sellers with account reinstatements;
  5. Helped Amazon sellers regain control of listings after hijacks;
  6. Worked to shutter counterfeit e-commerce accounts on behalf of affected clients.

In the middle of a marketing dispute? Our team will analyze the situation and recommend solutions, many of which won't involve a lawsuit.

Common Private Label Pitfalls

  1. FTC, FCC and FDA Violations
  2. Damaging Consumer Reviews
  3. Personal Injury Lawsuits Related To Product Defects

Don't Fall Prey To The FTC

Occasionally, the Federal Trade Commission and other government agencies investigate companies believed to be using "unfair and deceptive" marketing tactics. Commissioners are constantly on the prowl for promoters that:

  1. Maintain negative option billing schemes (i.e., charge credit cards monthly without getting clear authorization from customers; no, burying clauses in the *small type* doesn't constitute "clear authorization.")
  2. Improperly label products for promotional purposes. For example, advertising supplements as "organic" when they're not.

Five Things Every Brand Owner, Marketer and E-Commerce Seller Should Know About Mobile and Online Marketing

  1. Native Advertising Guidelines - The Federal Trade Commission finally issued a set of "native advertising" guidelines. The gist? If promotional content isn't clearly labeled, you risk a large fine and forced enrollment in an FTC monitoring program. Do you want quasi-government middle managers sniffing around your company? Didn't think so. To avoid it, read more about the native advertising guidelines here.
  2. Dietary Supplement Caution - Weight loss pills, organic supplements and other dietary products are great sellers, but caveat venditor -- many rules and guidelines govern the niche. When promoting products, don't exaggerate findings, fabricate studies or present atypical results as standard. Plus, there's a mess of labeling laws to which you must adhere. Click here to read more about legal marketing issues related to selling and marketing supplements.
  3. FTC Hacking Fines -- Do you collect user data? Yes? Did you know that the FTC can now fine companies that get hacked? Yes, you read that right -- the victims of hacking incidents can be fined. If certain security measures are installed, but fail to stump a talented hacker, you may be able to escape censure -- but are you sure you have those measures in place? Leap over here and here to read more about the FTC's power to fine hacking targets.
  4. Follow The Dot Com Disclosures -- The FTC's Dot Com Disclosures were one of the agency's first pieces of online marketing guidance. It explains what must be disclosed to buyers, and how to do it in an online environment. Every marketer should be familiar with parameters established in the Dot Com Disclosures, click here for a summary.
  5. Endorsement Cheat Sheet -- A cheat sheet is always handy, right? Here's one that covers the FTC's endorsement guidelines.

Get An Edge. Work With An Online Marketing Lawyer.

  • E-commerce Selling & Marketing Assistance (Account Suspensions, Hijacking Issues, Int'l Business Formation, Et Cetera)
  • FTC and FCC Guidelines
  • Online Consumer Review Problems
  • SMS & Social Media Advertising Compliance
  • Privacy Laws
  • CAN-SPAM Issues
  • Opt-In and Opt-Out Regulations
  • Non-Disclosure/Non-Compete Agreements
  • Banking Regulations for Mobile Payments
  • Gramm-Leach-Bliley Act Compliance
  • Consumer Protection under Regulation E
  • International Marketing & Promotional Compliance

Lawsuits Are A Last Resort. We Can Show You Faster, Cheaper Solutions To Your Online Marketing Challenges.

Advertising disputes are often best handled by industry regulators instead of courts. Why? The process is typically:

Less expensive,

Less formal, and

Less time consuming.

Native Advertising Guidelines

The Federal Trade Commission finally issued a set of "native advertising" guidelines. The gist? If promotional content isn't clearly labeled, you risk a large fine and forced enrollment in an FTC monitoring program. Do you want quasi-government middle managers sniffing around your company? Didn't think so. To avoid it, read more about the native advertising guidelines here.

Dietary Supplement Caution

Weight loss pills, organic supplements and other dietary products are great sellers, but caveat venditor -- many rules and guidelines govern the niche. When promoting products, don't exaggerate findings, fabricate studies or present atypical results as standard. Plus, there's a mess of labeling laws to which you must adhere. Click here to read more about legal marketing issues related to selling and marketing supplements.

FTC Hacking Fines

Do you collect user data? Yes? Did you know that the FTC can now fine companies that get hacked? Yes, you read that right -- the victims of hacking incidents can be fined. If certain security measures are installed, but fail to stump a talented hacker, you may be able to escape censure -- but are you sure you have those measures in place? Leap over here and here to read more about the FTC's power to fine hacking targets.

Follow The Dot Com Disclosures

The FTC's Dot Com Disclosures were one of the agency's first pieces of online marketing guidance. It explains what must be disclosed to buyers, and how to do it in an online environment. Every marketer should be familiar with parameters established in the Dot Com Disclosures, click here for a summary.

Endorsement Cheat Sheet

A cheat sheet is always handy, right? Here's one that covers the FTC's endorsement guidelines.

An Ounce of Prevention is Worth a Pound of Cure

Get in touch for peace of mind. It won't cost much, but it could save you a bundle.

Consult An Online Marketing Lawyer Today »