The Best Defense is a Good Offense - Managing Legal Risk
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This presentation is from Affiliate Summit West 2015 (January 18-20, 2015 in Las Vegas, NV). Session description: How merchants and their affiliates can mitigate exposure to liability from both the FTC and private litigants by controlling both their advertising message and how it is transmitted to consumers.
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The Best Defense is a Good Offense - Managing Legal Risk
- 1. www.ifrahlaw.com www.ifrahlaw.com THE BEST DEFENSE IS A GOOD OFFENSE – MANAGING LEGAL RISK Affiliate Summit West 2015 Rachel Hirsch, Esq., Senior Associate P (202) 524-4145 /
- 2. www.ifrahlaw.com Managing Legal Risk – Controlling Your Mediums Of Communication P (202) 524-4145 / Email Marketing Phone calls/Text Messages Mobile Advertising Social Media/Blogs Advertorials/Landing Pages
- 3. www.ifrahlaw.com Managing Legal Risk – Controlling Your Mediums Of Communication “Operation Full Disclosure” P (202) 524-4145 / Placement and Proximity Prominent Unavoidability Distracting Factors Repetition Duration of Disclosure Understandability Format and Language REMEMBER! When Disclosures Cannot Be Made Clearly And Be Made, Forgo the Claim Altogether!
- 4. www.ifrahlaw.com Managing Legal Risk – Controlling Your Mediums Of Communication “Operation Full Disclosure” – Inadequate Disclosures P (202) 524-4145 / Failure To Disclose Pricing Conditions Failure To Disclose Automatic Billing Feature Claiming Product Capabilities Or Superiority Without Substantiation Promoting “Risk-Free” or “Worry-Free” Trial Period Without Disclosing Additional Costs. Making Broad Claims Without Limitations/Qualifications.
- 5. www.ifrahlaw.com Understanding Risk – Controlling The Messenger ADVERTISER Never Work With An Advertiser Without A Contract – IOs Don’t Count! Determine Which Party Holds The Bargaining Power Institute Best Practices And Hold Your Advertiser Accountable Maintain Good Record-Keeping Limit Your Liability P (202) 524-4145 /
- 6. www.ifrahlaw.com Understanding Risk – Controlling The Messenger AFFILIATES/PUBLISHERS Never Work With An Affiliate Without A Contract – Sign-Up Terms Don’t Count! Institute Best Practices And Hold Your Affiliates Accountable Conduct Periodic Audits, But Don’t Micromanage Maintain Good Record-Keeping Limit Your Liability www.ifrahlaw.comP (202) 524-4145 /
- 7. www.ifrahlaw.comwww.ifrahlaw.com 1717 Pennsylvania Avenue Washington, D.C. 20006 www.ifrahlaw.com P (202) 524-4145 / Email: rhirsch@ifrahlaw.com Twitter: TheRealMsHirsch Blog: www.ftcbeat.com