Turning the Tables on Fraudulent Direct Marketing Tactics
April 20, 2017
When an Internet retailer of consumer products discovered fraud by the direct marketing agency it had retained to promote its products online, Ifrah PLLC helped the retailer turn the tables.
Although the direct marketing agency, or affiliate network, agreed to craft a marketing campaign that complied with all advertising and consumer protection laws, it failed to do so. The network drove millions of leads to the retailer, a substantial number of those turned out to be from webpages containing claims the retailer did not approve.
This resulted in a substantial loss of advertising dollars for our client, the possible loss of good will among its customers, and exposure to state and federal consumer protection claims.
After we advised the retailer to stop paying the affiliate network, it filed a breach-of-contract lawsuit in federal court in California seeking $2.5 million in damages. We responded by filing a countersuit for the non-compliant webpages.
In our analysis of the lawsuit, we discovered a legal flaw in the agency’s case that would require the court to dismiss it. Rather than immediately attempt to litigate this issue, we contacted the agency’s lawyers and gave them several opportunities to withdraw the case voluntarily.
When the agency ignored our invitation, we filed a motion to dismiss its lawsuit based on the flawed filings. The judge not only granted our motion, but he also chastised the agency for ignoring our invitations to resolve this without involving the court.
Because our litigation of the motion unnecessarily required our client to incur legal fees, we then filed a request that the judge order the agency to pay our client’s fees. Just as vigorously as it had fought our first motion, the agency fought that request. The judge awarded our client legal fees not only for the motion to dismiss, but also for having to fight its fee request.
In the end, we resolved the dispute in an out-of-court settlement on terms favorable to our client.