Internet Marketing & Advertising Law
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 business 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.
Winning Big with a Celebrity Sweepstakes Endorsement
After developing a solid online promotions program over several years with Michelle Cohen advising on sweepstakes and contests, Michelle’s long-standing client, a digital wellness company, decided to energize its online efforts with a celebrity endorsement sweepstakes. The celebrity, a known health advocate and popular entertainer, partnered with our client to give away VIP ticket packages to his sold out shows in multiple cities.
Michelle crafted sweepstakes rules and reviewed promotional materials, including social media campaigns. The celebrity also used social media to organize in-person athletic meet-ups around the country, as part of his current touring schedule. This coast-to-coast campaign included sweepstakes at the on-site events. Michelle worked with our client on several aspects of its campaign, including social media messaging, drafting winner’s eligibility affidavits and ensuring compliance with state and federal sweepstakes laws, as well as social networks’ policies and requirements.
The result? Michelle’s client continues to develop exciting and clever online promotions that will engage their audience, while complying with applicable laws and regulations and maintaining positive relationships with key social networks.
Protecting an Advertiser from an Affiliate Marketer’s Actions
Sometimes, even a company’s best efforts to comply with the law can’t protect them from liability. This was the case for our client, an advertiser, which promoted its own e-cigarette offer. An internet-based affiliate marketer who marketed our client’s products sent an unsolicited text message to a consumer. Our client recognized the potential legal problems associated with the affiliate’s actions and immediately shut down the relationship. Nonetheless, the affiliate’s action exposed our client to liability in the form of a putative class action lawsuit that was filed in U.S. District Court, Northern District of Illinois. This class action lawsuit, brought under the TCPA, had the potential to cost our client a significant amount of money.
Ifrah Law knew we needed to act quickly, before the case escalated into a class action that would be large enough to bankrupt our client. We were able to demonstrate that the third party vendor’s actions were not authorized or condoned by our client and therefore, we were able to resolve the matter for very little money, before ever answering the complaint. To avoid these types of problems in the future, we subsequently drafted strong contract and terms and conditions for our client’s third-party publishers, which would indemnify our client from future liability for its affiliate’s unauthorized actions.