Advertising & Marketing

Advertising and Marketing

Advertising & Marketing

Ifrah Law’s Internet Advertising and Marketing practice focuses on all legal facets of internet and mobile marketing, eCommerce, telemarketing, electronic payment processing, and interactive gaming. Ifrah law represents online advertisers, affiliate networks, publishers, advertising agencies, payment processors, and other marketing solution providers in state and federal investigations and enforcement actions, private litigation instituted by self-regulatory agencies, consumer class actions, contract negotiations, and compliance matters.  In addition, our firm represents businesses and individuals in payment processing relationships, including merchants in disputes with payment processors, ISOs and acquiring banks, MATCH and Terminated Merchant File listings, and payment processing agreements.

As experienced litigators defending cases instituted by such agencies as the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB) and State Attorneys General, the lawyers on our team are uniquely positioned to counsel their clients outside of the courtroom on risk mitigation strategies, which involve a comprehensive review and audit of their business practices and routine advice on regulatory compliance, website disclosures, trademark and copyright protection, contract review and negotiation, and overall brand protection.

Our team has achieved a string of successes in state and federal litigation matters in which our clients have been charged with or accused of fraudulent business practices. These victories include successful resolution of FTC asset freeze cases, return of monies from government seizures of payment processor accounts, and dismissal of a State AG matter involving a multi-year investigation.

Ifrah Law is a result-oriented firm. The creative advice we provide to our clients focuses on long-term solutions to achieve sustainable growth of their business models.

Case Studies

Ifrah Law Represents Seller in Multi-Million Dollar Acquisition of Affiliate Marketing Company by Publicly Traded International iGaming Corporation

As the legislative climate for iGaming improves across the U.S., Ifrah Law frequently represents companies seeking to take advantage of the opportunities available in the profitable nexus between affiliate marketing and online gaming. Its lawyers’ in-depth knowledge of the industry as well as applicable gaming laws makes it the go-to firm for building profitable businesses in the affiliate marketing and iGaming industries, which are increasingly attractive to larger buyers.

Clients turn to the firm to create meaningful agreements, often in an accelerated time frame, which provide value to buyers while at the same time encouraging sellers to continue innovating.

As an example, Ifrah Law represented an affiliate marketing company in a $6.5 million acquisition by an international gaming company, a deal the buyer said confirmed its position as the number one player in U.S. iGaming lead generation.

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Protecting an Advertiser from an Affiliate Marketer’s Actions

Our advertising client was promoting its own e-cigarette offer, when an internet-based affiliate marketer who promoted our client’s products sent an unsolicited text message to a consumer. Recognizing the legal risk, our client immediately shut down the relationship; nevertheless, it was named in a putative class action lawsuit brought under the TCPA which had the potential to result in significant penalties.

Ifrah Law acted quickly, before the case escalated into a class action large enough to bankrupt the client. We demonstrated that the third-party vendor’s actions were neither authorized or condoned by our client, and we resolved the matter at minimal cost without prolonged litigation. We subsequently drafted strong contracts and terms and conditions for third-party publishers to indemnify our client from future liability arising from any affiliate’s unauthorized actions.

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Winning Big with a Celebrity Sweepstakes Endorsement

Ifrah Law developed a solid online promotions program by advising on sweepstakes and contests over several years for this long-standing client, a digital wellness company. When the client decided to energize its online efforts with a celebrity endorsement from a known health advocate and popular entertainer, the firm assisted with several aspects of this coast-to-coast campaign.

Ifrah Law crafted sweepstakes rules for on-site events offering VIP ticket packages to sold out shows in multiple venues. We reviewed all promotional materials, including social media messaging; drafted winner’s eligibility affidavits; and ensured compliance with state and federal sweepstakes laws, as well as social networks’ policies and requirements.

Our client continues to develop exciting and clever online promotions that engage their audiences, while complying with applicable laws and regulations and maintaining positive relationships with key social networks.

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