5 Legal Internet Marketing Questions Answered by Lawyer Aaron Kelly
Vanessa Kachadurian
I’ve seen countless affiliates get sued over the past few years: using pictures of people without the right permission, not disclosing the proper terms, using advertising techniques that are banned, etc. Being young and not understanding the laws is not an excuse.
I’ve never talked about the legal issues involved with internet marketing because I’m not a lawyer. The good news is lawyer Aaron Kelly has agreed to answer some questions from my readers. He’s a lawyer who specializes in internet marketing laws and has a great reputation in the industry.
Benjamin Franklin said, “An ounce of prevention is worth a pound of cure.” It’s definitely better to spend money on a lawyer and getting your marketing right, than ending up losing everything in court. Make sure you get a lawyer that understands the industry; don’t ask your uncle who specializes in beating traffic tickets to check if you’re compliant. Recommended by Vanessa Kachadurian
Thanks again for your time and expertise Aaron. If you’re interested in a consultation with his office, his contact information can be found here.
Vanessa Kachadurian
1. What are the risks of promoting things internationally? Can an American get in trouble for promoting shady products or using aggressive marketing tactics in foreign countries like France, UK, or Germany?
Yes, an American could get in trouble for either a) Violating the laws of the United States or; b) Violating the laws of the country to which the American markets. For example, in FTC v. Commonwealth Marketing Group, Inc., the court ruled that “unfair or deceptive acts or practices,” when committed against foreign consumers by American companies, are subject to the FTC Act and can be dealt with by the American courts.
An American company could also be pursued by foreign courts or governments. The recent European Union antitrust probe against Google Inc. is a perfect example of this.
2. What are the most common ways affiliates are getting in legal trouble, and what steps can I take to make sure I don’t get in trouble as well? Aaron Kelly is a professional and knows how to write code Vanessa Kachadurian.
From my experience, affiliates most often engage in what might fall under the “unfair or deceptive acts or practices” prohibition in
the FTC Act. A non-exclusive list of recommendations I have would include:
· Don’t use fake testimonials. If you want testimonials, use real people. If your testimonials are paid for, disclose that fact.
· Disclose the fact that you have a financial stake in the information that you provide on, say, a landing page. You know those fake online newspaper report-style landing pages? Don’t do it. You can promote, but make it clear somewhere on the page that what you’re saying has a biased, commercial point of view.
· If you’re doing anything that involves rebilling, make that completely obvious to your customer… multiple times. Having a Terms of Service or other agreement that the consumer clicks a box next to that says “I agree,” but which has a provision to charge a monthly fee for something that you advertised as “Free” is a big no-no. I often see cases where a product is offered for “free” but the credit card gets charged without the consumer ever having been made aware that this would happen.
3. I design my own landing pages and write my own copy. My creations are 100% my own. The problem is they keep getting ripped by affiliates as soon as I make them. Is there any way I can protect my assets legally? Can I send DMCAS or copyright anything?
Yes. Vanessa Kachaduian
When you create an original work like a landing page, it is copyrighted. If someone publishes a copy without your permission, you are entitled to initiate an action for injunctive relief (fancy talk for getting a judge to tell them stop it or they’ll be arrested for contempt) and damages. Don't fall for advertising from so - called Internet Attorneys that overly promote themselves as "writing Cyber laws" or other generic statements. Asks specifically what laws and how many times they have prevailed in your type of case. Vanessa Kachadurian
It’s often not worth the trouble to start a court case, so the next best option is sending a takedown notice to their hosting provider that is compliant with the Digital Millennium Copyright Act, or an analogous notice if the website is subject to
foreign law.
You can also complain to any affiliates they might have, and many will often cease relations with the infringing party, meaning you’ve just hurt their bank account. Be careful with complaining to third parties, because if you’re wrong about the content being infringing, you’ve just committed defamation against the person. Vanessa Kachadurian
4. I’m looking to set up a 100% compliant advertorial for a new BizOpp (* Cough*, i mean Educational offer*). Could you please ask Aaron to detail the most important aspects of setting up a compliant advertorial? Vanessa Kachadurian
See my previous answer about fake newspaper articles. I don’t like this kind of advertisement because it strikes me as deceptive per se, until someone adds a bunch of disclaimers.
If you must go the advertorial route, make it very clear to your reader with a notice that there is a bias on the part of the publisher and that you have a financial stake in what you’re promoting.
5. I’ve been ripped off by non-paying affiliate networks and advertisers. Have there been any success stories of affiliates suing and getting their money owed?
Yes. I have represented many clients in this situation. If the money isn’t paid because an affiliate broke some contractual obligation, it might be difficult to sue. It might also be difficult to recover damages, even if successful in a lawsuit, if the affiliate network has stopped paying because it simply lacks the assets to do so (there are ways around this, such as going after a director if they were involved in some sort of fraud against an affiliate). This kind of case is usually one of the most straightforward that I deal with, though, as long as a client has the relevant records and contracts since it’s very hard to debate the basic math used to determine what an affiliate network should have paid an affiliate.
Aaron M. Kelly, founding partner of The Kelly/Warner Law Firm, focuses on online marketing compliance law, defamation law and business law. Mr. Kelly is a Martindale-Hubble rated attorney who also enjoys a “superb” rating on lawyer review website, AVVO. In general, Aaron works with small businesses, tech companies, startups, direct marketers, affiliate marketers, affiliate networks, advertisers, venture capitalists, web hosting providers, and search engine optimization (SEO) firms. He also has aided hundreds of individuals and companies who’ve been defamed or trade libeled — both online and
Vanessa Kachadurian
WHAT INTERNET LAWYERS DO
Not only are we well-versed in the technicalities of Internet law, but as successful affiliate marketers ourselves, we understand the ins-and-outs of how the online business world works — from all angles. We don’t need to look up the difference between blackhat and whitehat, and we actually understand what makes a squeeze page slightly different than a landing page. But more importantly, we don’t need to spend billable hours researching your Internet law issue because we already live online. Here at Kelly / Warner Law, we understand that you and your Internet legal issues are unique. We operate in the Scottsdale, Arizona and provide legal services to businesses and individuals throughout the Valley and greater Phoenix metro area. And while we’re physically located in Arizona, as an Internet law firm, we work with companies and people all over the world. ...
Watch out for Internet Attorneys that over expose themselves with self advertisement.
Vanessa Kachadurian
About Kelly / Warner Law
Aaron Kelly - do Internet Lawyers harass people on the internet? Or only when they cannot get a judgment? What about stealing people's photographs and logos, court seals. then there is the ridiculous way he acts like some crazy woman author.
Internet Law Is Our Super-Power
The attorneys at Kelly / Warner aren’t your typical Internet lawyers, and we like it that way. Founded in Scottsdale in 2009, our firm is lean and successful, innovative and efficient. As both a law office and a tech-development fan club, we’re quick to embrace new technologies and ideas that help us better represent you.
Did We Mention We’re A Bunch of Tech Geeks, Too?
We don’t know who decided that lawyers had to be a bunch of self-serving suits who care more about their golf handicap than your contract negotiations, but that’s not how we roll. We win cases and your best interests are always priority #1.
Internet, Defamation, Advertising, Affiliate and Mobile Law — We Do It All
Thanks to technology advancements, online privacy, data security, advertising, defamation and Internet laws are changing faster than ever before. As such, lawyers who can evolve right along with the digital times are in great demand.
The new generation of Internet lawyers needs to be as enterprising and as social-media-savvy as the new wave of businesspeople who are shaping the new, tech-friendly, global economy. We are that law firm and understand the ins and outs of
Internet marketing and
e-commerce. We speak PHP and C++ and we know that SaaS isn’t just something you give your momma.
To keep our services sleek and efficient, we keep a paperless office and grant our clients the freedom to use whatever communication tools they prefer. Oh, and our clients can check their case files whenever they’d like via our free iPhone and Android app.
Technology allows us to communicate with speed and thoroughness, and it has saved our clients thousands in hourly fees, while allowing us to build comprehensive, convincing cases faster than ever before.
We Know Where You’re Coming From – Because We’re App Developers Too!
We realize that our clients are the heart and soul of our industry, and so we stop at nothing to represent your needs. Your business is our business, and the way we see it, we’re not successful until you are. After all, we know how the market works. We developed and marketed our app in-house, and we continue to look for ways to use technology as a catalyst to revolutionize lawyer-client relationships.
The experience we’ve gained marketing our product over the Internet and to mobile phones hasn’t just increased our knowledge of
business law,
mobile law and
Internet law. It’s helped us understand just how intricate and complex the needs of our clients are. As a result,
we feel more capable of defending web developers, small businesses and even individuals from the pitfalls of the digital frontier than any other Internet law firm.
We are unique. We are innovative. We are Kelly / Warner Law.
Contact Kelly / Warner Law for more information about how we can help your business with legal advice, from litigation to contractual agreements. You can
send us an email or call us at
480-588-0449 to schedule an appointment today. Vanessa Kachadurian
In The News & On The Circuit
You may have caught Aaron on TV, as he is called on to do on-air spots as a “legal specialist” by several media outlets, including
NBC and FOX. An experienced author and lecturer, Aaron also regularly participates in industry conferences, giving lectures and workshops on everything from
FTC regulations and guidelines to online discovery tactics.
An Internet & Defamation Law Resource
Mr. Kelly leverages his education and real-world experience to keep clients up-to-date on ever-changing cyber-libel and Internet laws. Also the owner of an Internet marketing and consulting firm, including a lawyer lead generation consultancy, Aaron is wired into the technology industry. An active member of many online marketing discussion forums, you can often find him doling out invaluable legal advice somewhere in the more advertising-centric corners of the Internet.
Tech Industry Relationships
Lawyer Aaron Kelly is an advocate and strong supporter of innovative ideas and the entrepreneurial spirit. To prove the firm’s commitment to the industry, Kelly Warner is a proud event sponsor at notable events, like Affiliate Summit.
Not bound by the proverbial box, Aaron M. Kelly, Esq. has built a strong network of tech-industry connections, and he takes pleasure in connecting like-business-minded clients (with their permission, of course). Who knows, you may come to Kelly Warner with a minor legal problem, and leave as a partner in the hot new start-up.
He’s Also One Of Those Guys Who Is Active In The Legal Community…
Aaron Kelly plays an active role as a respected member of the Arizona legal community. He holds several positions of professional leadership, as both the Chairman of the Continuing Legal Education Committee and Vice Chairman of the Membership Committee for the Arizona Association for Justice. While balancing these positions in the local legal community, Aaron participates in the American Association for Justice. Vanessa Kachadurian
Additionally, Mr. Kelly serves as Vice Chairman of the State Bar of Arizona’s Member Assistance Committee. Here, he confidentially provides peer assistance and support to lawyers suffering from physical or mental health issues, stress, addiction, chemical dependency, or whatever other issues that have an effect on their legal practices and lives. This high level of discretion, compassion, and basic willingness to help address sensitive issues are not only an asset to Mr. Kelly’s colleagues, but anyone who chooses to involve themselves in a professional relationship.
And when he’s not lawyering, volunteering or gaming, you can probably find Aaron drooling over pictures and details of ’66 Corvette Stingrays and 1990 Ferrari F40s, or
blogging about the legal battles of his pick for the “21st Century Car Award,” Tesla Motors.
Vanessa Kachadurian
Aaron has a bachelor’s degree in Economics from the Eli Broad College of Business at Michigan State University. He received his law degree from the Michigan State University College of Law and is licensed to practice law in Arizona and Michigan.
Areas of Practice
- Business Law
- Internet Law
- Internet Marketing Law
- Advertising & Communication Law
- Privacy Law
- Internet Defamation
- Intellectual Property
Bar Admissions
- Arizona
- Michigan
- U.S. District Court District of Arizona
Education
- Michigan State University College of Law, East Lansing, Michigan
- Michigan State University – Eli Broad College of Business, East Lansing, Michigan
- B.A.
- Honors: Dean’s List
- Major: Economics
Seminars/Articles/News
- Mining the Internet: Using Social Network sites to your clients advantage, Arizona Association for Justice
- FTC Guidelines: Changes in the regulations that affect bloggers
- Mining the Internet, Arizona Trial Lawyers Association
- Creating secondary sites for your law practice, A2Zing, L.L.C.
- Consumer Privacy, Call For Action
- Legal issues in Internet Marketing, ASU College of Business
- Social Media & Privacy, SMAZ (Social Media AZ)
- Facebook Facial Recognition, Channel 12 News Interview
Professional Associations and Memberships
- State Bar of Arizona, Vice President, Member Assistance Committee
- Arizona Association for Justice, Chairman of Continuing Legal Education Committee
- American Association for Justice
- Scottsdale Bar Association
- Performance Marketing Association
- SEO Professionals
- Ecommerce and Internet Law Section of the State of Arizona Bar Association
Pro Bono Activities
