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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. 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. 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. 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. 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. 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. 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. 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

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