What's My Niche?!?

I am often asked what is my niche. When I answer that I practice Advertising, Marketing and Promotions Law, I usually get either blank stares or confused looks. I then explain that I help businesses and agencies minimize legal risk for false and misleading advertising lawsuits or challenges.  

To whom does my field of law Apply?

Unlike other law practices, my field of law affects all types of businesses and agencies, regardless of your product or service. If you have a marketing campaign, my field of law applies to you. No matter the size of your business or agency and regardless of your specialty, Advertising, Marketing, and Promotions Law applies to you. 

How do I help businesses and agencies?  

My help depends on what your needs are, and at what stage of the marketing campaign you may be. Personally, I prefer to start working on a marketing campaign at the earliest stage possible. The earlier the better! If anything needs to be changed or cleared, there is still time to do so before launching the campaign publicly. Also, the earlier I am able to start working with you, I will be able to guide you through the process of confirming and collecting all the necessary documentation to substantiate and support the claims made in your marketing campaign. I review everything for legal compliance. It is possible to make changes to marketing campaigns after they are publicly launched, but it may be more costly than having made such corrections before launching. Things change, however, even the law; so, sometimes, it is necessary to make corrections after launching. Of course, I like to keep my clients informed when the law changes just in case we need to tweak your campaigns.

Why is it important to have your marketing campaigns reviewed?

As an attorney, I focus on the legal aspects and consequences of your businesses’ and agencies’ advertising, marketing and promotions campaigns. Your campaigns are reviewed per laws, regulations, and court decisions for compliance. I review campaigns for numerous potential legal issues such as intellectual property use. For example, do you have the legal right to use that photo, music, artwork, etc.? Do you have the documentation to actually support the claims of your campaign? Does your campaign need disclosures? Is your message consistent across all venues? Also, I review to see if you are compliant with FTC, FDA, and other agencies. There are countless legal issues that affect marketing campaigns.   

What to do IF a lawsuit or challenge for false and misleading advertising arises?

The point of reviewing your marketing campaigns, preferably before launching publicly, is to attempt to avoid potential lawsuits or challenges. Unfortunately, that is not always possible; yet, having preemptively reviewed the campaign ahead of launching publicly, we have the potential to minimize defense costs by already having the necessary documentation to support claims, etc.

If there is already a threat of or an actual lawsuit or challenge to your marketing campaign, then my kind of help changes. After reviewing the lawsuit or challenge, I strategize with you to figure out how to best defend yourself, your business, and your marketing campaign. Deadlines are crucial!!! The sooner I am contacted, the better so we have the most time to strategize. Most importantly, we must meet the deadlines imposed in order for you to be able to defend.

Is it important to review marketing campaigns in foreign languages?

YES! Another way I help you is by reviewing your marketing campaigns not just in English, but also in Spanish. I am fluent in Spanish, and I understand the nuances in the language among Hispanic/Latin cultures. It is important to review your foreign language marketing campaign in the language being run for compliance as well. Also, when working with me, I look for consistency issues from English and Spanish campaigns. I use my Latin background to help you grow your business by reviewing your Spanish marketing campaigns in Spanish, which saves you time and money as well.

What if I’m a start-up?

I work with businesses and agencies of all sizes and stages of growth. Working with new entrepreneurs launching new products is exciting too, and I enjoy supporting start-ups launch successful businesses by helping with your marketing campaigns. There is so much to legally consider when launching a product, and reviewing your marketing campaign needs to be part of your budget and your business plan. Unfortunately, there are many new businesses that are unaware of my field of law. Some are unpleasantly surprised to find that they really cannot substantiate the claims in their marketing campaigns once sued or challenged, which could be years after launching the marketing campaigns publicly. The cost of having to defend such challenge or lawsuit could be devastating. It is also important to consider that if the challenge or lawsuit is lost, then the marketing campaign will need to change in order to be legally compliant, leading to even more costs. As discussed above, it is not always possible to avoid a challenge or lawsuit, but if the legal compliance work is done at the beginning of the marketing campaign, and maintained thereafter, then the costs to defend could potentially be minimized.

Can I use my foreign marketing campaign in the USA?

I also help businesses introduce products from abroad into the US market. The question that usually arises in this situation is can the marketing campaign from abroad be used in the USA. Usually such foreign marketing campaigns need changes in order to meet US law, as different countries have different laws. I work with you to make the necessary changes, if it is cost effective for you.

Don’t you want to protect your business?

Finally, being a business owner myself, I understand the all the hard work that goes into building a thriving and successful business on a daily basis. So, I work as efficiently as possible to keep costs down for you and me, but I don’t cut corners because my purpose is to minimize your legal risk. I fully understand and respect budget restraints while simultaneously being highly aware of deadlines and meeting them. Time is money after all. Most importantly though, just like we buy different types of insurance policies to protect our businesses and agencies, reviewing your marketing campaigns is another step to protect your businesses or agencies, as discussed above.

Finally, the point of having a marketing campaign is to build trust with your target audience. People do business with those that they like and trust. 

So what’s my niche? Your marketing campaigns!

I am here to help you and your businesses/agencies grow by finding the most efficient, ethical and legal way for your marketing campaigns to be compliant. Feel free to contact me at [email protected] or 954-736-9787. www.advertisinglaw.legal

Audrey

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