The Risk: Liability for online advertising is increasing and expanding into new territories at an alarming rate. An Advertiser’s business model, website, and program to drive traffic can become subject to the latest law enforcement actions at any time. In fact, Advertisers carry the greatest compliance requirements in the online marketing space, because it’s the Advertiser’s name, brand, and business that appear in front of the consumer and the Advertiser, therefore, who is subject to complaints. This is true even when the activities subject to complaint originate elsewhere. Investigations typically begin on the front step of the Advertiser, and only after the Advertiser has been completely investigated, will the investigating agency look to other parties who may ultimately have been responsible for the statutory or regulatory violation. In some states, Advertisers may even be held liable for their Publisher’s misconduct. Even in cases where the Advertisers are unaware of a violation, they may be found liable under the CAN-SPAM Act of 2003, Federal Trade Commission Regulations, and Actions or state statutes regulating deceptive advertising.
CLIClaw Member Solution: CLIClaw helps you, as an Advertiser, understand the many different areas of the law that put you at risk, including the CAN-SPAM Act of 2003, Federal Trade Commission Regulations, state, and federal advertising statutes, and more recently, issues related to privacy and security. CLIClaw members have instant access to Advertiser-specific articles, white papers, and guides to address the specific legal risks of advertising compliance, privacy, and security. We provide members with the most recent website terms-of-use agreements, acceptable use policies, network vetting programs, publisher vetting programs, and compliance programs. We cover nearly all verticals in the industry, including Negative Option compliance programs, EDU compliance, Nutraceuticals, and Biz Opp, among others.