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Hiring an Amateur Could Mean a Potential Lawsuit for Your Business


These days, everyone's looking to save a buck. But if you plan to cut corners by using a fledgling copywriter or marketer, expect to put the money you just saved towards a really good lawyer. Because you may just find yourself in court.

Lawsuits abound in today's world. Lots of people are more than willing to sue at the drop of a hat. No one wants to think that they "know" anyone like this, but the truth is, this planet is crawling with lawsuit-happy consumers who can make your life a living hell. You may think, "Oh, I'm just a small start-up; no one would bother trying to get money out of me!" But do you know this for a fact? Even if you're miniscule now, you want to grow your business. With any luck, one day you'll be earning more than just a comfortable living. The best way to ensure your legal protection in the future is to start practicing caution today.

How does this relate to your advertising, and who you hire to work for you? Every bit of written material put out by your company is a statement issued by you. If you hire someone who has little to no experience in the real world, you'd better be on top of them at all times. You'd better make sure that what they're creating for your company doesn't contain any legal "loopholes" or claims you can't fulfill. Because as soon as your advertising makes a statement about anything, someone will try and hold you responsible. They might even seek legal counsel on the matter. Yes, what you say can and will be held against you in a court of law.

I worked for the "R"Us family of stores for seven years, writing and editing everything from catalog copy to sales promotions to coupons to informative marketing mailers. Nearly everything said in our ads was supported by a legal disclaimer that prevented the company from being held responsible for any "unforseen events" that might occur as an indirect result of our statements. At the time, these legalities posed a great annoyance to our department, slowing down progress and hampering creativity. But today, I'm incredibly grateful for the "extensive legal training" I received while working there.

What are some examples of loose-lipped writing that can land you in legal hot water? What situations might you get yourself into in today's fast-paced, maximum-output world of marketers?

E-books are hot right now. Everyone wants one, and they want it yesterday. But beware the trouble of an untrained eye taking control of your e-book content! Last year, I worked for a small start-up company. They wanted an e-book written fast, so they hired an unpaid intern. Although the e-book served its purpose well, it was riddled with statements that could get us in trouble! Why? Our e-book was for children. In it, we had included a long list of ways kids could spread holiday cheer. One entry was something to the effect of, "Offer to help your neighbor carry in the groceries." Innocuous as it may seem, the end result of this remark could be some parent taking us to court because their child went out and tried to assist some unsavory character, and was abducted in the process! Heaven forbid, but nothing's impossible. In our e-book, we took care to state "Never do anything without first asking permission from your parents" - many times, and in many ways.

Article content: seems like everyone wants it in mass quantities. But how smart is it to hire a wet-behind-the-ears intern to write pages and pages of information and then publish it under your company name? One little slip-up, and guess who's getting a subpoena in the mail. Not the intern! I recently wrote an article on credit card debt elimination. As I was crafting my copy, I kept stumbling over "red flag" statements that could prove troublesome. "Some debt consolidation companies may even be able to erase the interest fees you've accrued." Was that true?? If it wasn't, somebody might be getting an earful down the road. It's difficult to know what information found on the internet is accurate, or just somebody's assertion. If you're not sure - disclaim! Or, simply avoid commenting.

Coupons and limited time offers that aren't properly disclaimed can cost you money. Say you run a sale on your website, but you forget to include start and end dates. If the sale prices are valid in January but you don't tell your customers, someone could very well come along and demand a discount in May! Or what if you post an ad for your business offering 50% off all design jobs but you forget to exclude the really high-end projects? You could find yourself working on an extensive web-design job that's only bringing in five hundred dollars when it could have made you a thousand!

What about your return policy? You want to be known as a company with its customers' best interest in mind - but what if your return policy is so open-ended, it leaves you vulnerable to excessive returns, when in fact there is really nothing wrong with what you offer? I worked for an e-greeting company this summer. How is an e-greeting company supposed to guarantee "customer satisfaction?" It's not possible! So, in such a case, a statement like this has to go. Would a newborn to the industry have the foresight to make such decisions? My guess is no.

Do you sell products via the web? Anything that poses a safety threat should be disclaimed to avoid future legal headaches and thousands of dollars lost. Everything from over-the-counter drugs to children's products to baby clothes to automobile parts to finances must be shielded from potential legal action. Never thought about legal ramifications? Best to get an expert's advice before going forward with your business plan.

Still thinking of hiring a novice to help you run your business? Think again. A little extra money spent now can mean a ton of money saved later. Hire a copywriter or marketer with corporate experience, who will exercise legal caution in your business writing and provide financial security for your future. Who knows... you may never even need that lawyer.

Copyright 2005 Dina Giolitto. All rights reserved.

Dina Giolitto is a New-Jersey based Copywriting Consultant with nine years' industry experience. Her current focus is web content and web marketing for a multitude of products and services although the bulk of her experience lies in retail for big-name companies like Toys"R"Us. Visit http://www.wordfeeder.com for rates and samples


Todays News by officejax free advertising and ad exchange solutionsMORE RESOURCES updated Fri. August / 07 / 2020

ITV suffers steepest advertising slump in its history amid pandemic - MarketWatch
  1. ITV suffers steepest advertising slump in its history amid pandemic  MarketWatch
  2. ITV First-Half Advertising, Studio Revenue Drop Amid Pandemic  Hollywood Reporter
  3. ITV sees signs of advertisers' return after profits halve  Yahoo Finance
  4. UK ITV's first-half earnings drop 50% after COVID-19 hits advertising  Reuters
  5. View Full Coverage on Google News

News Corp Posts Wider Loss as Coronavirus Pummels Advertising Revenue - The Wall Street Journal
News Corp Posts Wider Loss as Coronavirus Pummels Advertising Revenue  The Wall Street Journal

Facebook bars pro-Trump PAC from advertising, citing repeated false posts - WHTC News
Facebook bars pro-Trump PAC from advertising, citing repeated false posts  WHTC News

Google wants a bigger chunk of Spotify and Pandora's revenue - Business Insider - Business Insider
Google wants a bigger chunk of Spotify and Pandora's revenue - Business Insider  Business Insider

Muralist restores historic advertising artwork | Local News - Beloit Daily News
Muralist restores historic advertising artwork | Local News  Beloit Daily News

The Advertising Production Club of NYC: Sponsoring The Future - Printing Impressions
The Advertising Production Club of NYC: Sponsoring The Future  Printing Impressions

ViacomCBS Q2 Profit Slides on Advertising Declines Amid Coronavirus - Variety
ViacomCBS Q2 Profit Slides on Advertising Declines Amid Coronavirus  Variety

Times online advertising and subscription revenue exceeds print revenue - Crain's New York Business
Times online advertising and subscription revenue exceeds print revenue  Crain's New York Business

Travel Brands Doubled U.S. TV Advertising in July - Skift
Travel Brands Doubled U.S. TV Advertising in July  Skift

How a virtual advertising 'camp' saved internships for 200 students - AdAge.com
How a virtual advertising 'camp' saved internships for 200 students  AdAge.com

Lamar Advertising earnings drop - The Advocate
Lamar Advertising earnings drop  The Advocate

Gannett and Tribune newspaper chains see subscriber growth amid plunging advertising. - The New York Times
Gannett and Tribune newspaper chains see subscriber growth amid plunging advertising.  The New York Times

97.9 The Hill and Chapelboro.com Establish the Community Nonprofit Advertising Fund - Chapelboro.com
97.9 The Hill and Chapelboro.com Establish the Community Nonprofit Advertising Fund  Chapelboro.com

Digital Advertising Company Mediaocean Acquires Symsys - Martechcube
Digital Advertising Company Mediaocean Acquires Symsys  Martechcube

Gates a useless advertising tool for the Developer - Villages-News
Gates a useless advertising tool for the Developer  Villages-News

BHW1 rebrands to AmpliFi Advertising - The Spokesman-Review
BHW1 rebrands to AmpliFi Advertising  The Spokesman-Review

Why Microsoft's Potential TikTok Acquisition Probably Isn't About Advertising - AdExchanger
Why Microsoft's Potential TikTok Acquisition Probably Isn't About Advertising  AdExchanger

Meet the Press Blog: Latest news, analysis and data driving the political discussion - NBC News
Meet the Press Blog: Latest news, analysis and data driving the political discussion  NBC News

What Fashion, Beauty Companies Are Saying About Advertising - WWD
What Fashion, Beauty Companies Are Saying About Advertising  WWD

Top 2 Advertising/Marketing Stocks To Buy In 2020 - Forbes
Top 2 Advertising/Marketing Stocks To Buy In 2020  Forbes

Podcast advertising to hit $1 billion in 2021 - Fox Business
Podcast advertising to hit $1 billion in 2021  Fox Business

WCS Issues Scam Alert on "Sports Media Advertising" Company - Williamson Source
WCS Issues Scam Alert on "Sports Media Advertising" Company  Williamson Source

Wilkes-Barre police issue warning over advertising scam - fox56.com
Wilkes-Barre police issue warning over advertising scam  fox56.com

Advertise with Us - Tommie Media
Advertise with Us  Tommie Media

Google Expands Audio Advertising Options to Help Brands Tap Into Increased Audio Engagement - Social Media Today
Google Expands Audio Advertising Options to Help Brands Tap Into Increased Audio Engagement  Social Media Today

Black-Owned Media Companies Call for Advertisers to Start Spending - Black Enterprise
Black-Owned Media Companies Call for Advertisers to Start Spending  Black Enterprise

Advertising for the 'reasonable consumer' in food and beverage labeling - Food Dive
Advertising for the 'reasonable consumer' in food and beverage labeling  Food Dive

‘Building up a community first’: Instagram Reels has little on offer for advertisers — for now - Digiday
‘Building up a community first’: Instagram Reels has little on offer for advertisers — for now  Digiday

Roku balances short-term advertising shadows against long-term streaming growth - S&P Global
Roku balances short-term advertising shadows against long-term streaming growth  S&P Global

AIG Life & Retirement Launches We See the Future in You Advertising Campaign at 2020 PGA Championship - Business Wire
AIG Life & Retirement Launches We See the Future in You Advertising Campaign at 2020 PGA Championship  Business Wire

Audi Isn’t The First Automaker To Slip On An Advertising Banana Peel - Forbes
Audi Isn’t The First Automaker To Slip On An Advertising Banana Peel  Forbes

KSL-TV Explains How to Measure ROI Based on Local CTV Advertising [VIDEO] - TVRev
KSL-TV Explains How to Measure ROI Based on Local CTV Advertising [VIDEO]  TVRev

Lamar Advertising removes anti-mask billboards, declines to display 3 of 4 ads from anti-racism group - The Spokesman-Review
Lamar Advertising removes anti-mask billboards, declines to display 3 of 4 ads from anti-racism group  The Spokesman-Review

Playwire to Give All Online Publishers Insights on Advertising Technology, Page Speed, Site Performance, and Ad Optimization - PR Web
Playwire to Give All Online Publishers Insights on Advertising Technology, Page Speed, Site Performance, and Ad Optimization  PR Web

Paid advertisement controversy rattles Korean YouTube industry - The Jakarta Post - Jakarta Post
Paid advertisement controversy rattles Korean YouTube industry - The Jakarta Post  Jakarta Post

etailz Announces New Features for AdManager to Optimize Amazon Advertising Marketing - PR Web
etailz Announces New Features for AdManager to Optimize Amazon Advertising Marketing  PR Web

How to Create Video Advertising Campaigns for the Long Run - Entrepreneur
How to Create Video Advertising Campaigns for the Long Run  Entrepreneur

Lamar Advertising Company Announces Second Quarter Ended June 30, 2020 Operating Results - GlobeNewswire
Lamar Advertising Company Announces Second Quarter Ended June 30, 2020 Operating Results  GlobeNewswire

Lamar Advertising (LAMR) Misses Q2 FFO and Revenue Estimates - Yahoo Finance
Lamar Advertising (LAMR) Misses Q2 FFO and Revenue Estimates  Yahoo Finance

Mediavine Integrates with Centro's Basis Programmatic Advertising Platform - PRNewswire
Mediavine Integrates with Centro's Basis Programmatic Advertising Platform  PRNewswire

We banned advertising for cigarettes. Should we do the same for SUVs? - GreenBiz
We banned advertising for cigarettes. Should we do the same for SUVs?  GreenBiz

After more than 1,000 firms boycotted Facebook, what's next for ads on social media? - CNBC
After more than 1,000 firms boycotted Facebook, what's next for ads on social media?  CNBC

TikTok gives advertisers an emergency ripcord in case Trump gets his ban - AdAge.com
TikTok gives advertisers an emergency ripcord in case Trump gets his ban  AdAge.com

Global Online Advertising Market Outlook Industry Analysis, Size, Share, Growth, Trends and Forecast, 2026 - AlgosOnline
Global Online Advertising Market Outlook Industry Analysis, Size, Share, Growth, Trends and Forecast, 2026  AlgosOnline

Trump campaign restarts TV advertising with spots slamming Biden - POLITICO
Trump campaign restarts TV advertising with spots slamming Biden  POLITICO

Disney Plus subscriber numbers are soaring — but that's not the whole story - Business Insider - Business Insider
Disney Plus subscriber numbers are soaring — but that's not the whole story - Business Insider  Business Insider

Google rolls out audio ad tools for publishers and advertisers - Business Insider
Google rolls out audio ad tools for publishers and advertisers  Business Insider

How attitudes towards feminism shape responses to sexualised advertising - Warc
How attitudes towards feminism shape responses to sexualised advertising  Warc

Coca-Cola comes out of advertising lockdown with 'manifesto for change' commercial - Netimperative
Coca-Cola comes out of advertising lockdown with 'manifesto for change' commercial  Netimperative

Lamar Advertising Co (LAMR) Q2 2020 Earnings Call Transcript - Nasdaq
Lamar Advertising Co (LAMR) Q2 2020 Earnings Call Transcript  Nasdaq

Ubisoft and In-game Advertising Platform Anzu.io Brings Blended In-Game Ads Into Trackmania - MarTech Series
Ubisoft and In-game Advertising Platform Anzu.io Brings Blended In-Game Ads Into Trackmania  MarTech Series

Facebook has been barely impacted by big advertisers' boycott — here's why - TNW
Facebook has been barely impacted by big advertisers' boycott — here's why  TNW

Scrutiny of bailout pushes Householder’s Enterprise into advertising frenzy - The Newark Advocate
Scrutiny of bailout pushes Householder’s Enterprise into advertising frenzy  The Newark Advocate

Snap CMO Kenny Mitchell Says New B2B Campaign Targeting Advertisers Highlights The ‘Snapchat Generation’ - Forbes
Snap CMO Kenny Mitchell Says New B2B Campaign Targeting Advertisers Highlights The ‘Snapchat Generation’  Forbes

OneTrust Expands OTT Capabilities to Help Publishers and Advertisers Capture and Communicate Consent - MarTech Series
OneTrust Expands OTT Capabilities to Help Publishers and Advertisers Capture and Communicate Consent  MarTech Series

Advertising Revenues Projected To Decline In 2020 Worldwide - Forbes
Advertising Revenues Projected To Decline In 2020 Worldwide  Forbes

Advertisers: Start building your 3D asset library now - Verizon Communications
Advertisers: Start building your 3D asset library now  Verizon Communications

Amazon Sponsored Advertising - How to Optimise Your Way to a Profitable Q4 - World First Foreign Currency Exchange
Amazon Sponsored Advertising - How to Optimise Your Way to a Profitable Q4  World First Foreign Currency Exchange

Sam’s Club Partners With Button and Rakuten Advertising - Martechcube
Sam’s Club Partners With Button and Rakuten Advertising  Martechcube

Sam's Club Partners With Button and Rakuten Advertising to Transform Its Affiliate Program Through Reach™ - PRNewswire
Sam's Club Partners With Button and Rakuten Advertising to Transform Its Affiliate Program Through Reach™  PRNewswire

Lamar Advertising REIT : CO/NEW MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS (form 10-Q) - marketscreener.com
Lamar Advertising REIT : CO/NEW MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS (form 10-Q)  marketscreener.com

New Jersey's COVID-19 Advertising Campaign Targets 30-something's 'Risky Behaviors' - TAPinto.net
New Jersey's COVID-19 Advertising Campaign Targets 30-something's 'Risky Behaviors'  TAPinto.net

Fiat Chrysler Reorders Its Advertising Around Digital Demands - Forbes
Fiat Chrysler Reorders Its Advertising Around Digital Demands  Forbes

More Than 1,000 Companies Boycotted Facebook. Did It Work? - The New York Times
More Than 1,000 Companies Boycotted Facebook. Did It Work?  The New York Times

Apple and Microsoft just proved the power of advertising - ZDNet
Apple and Microsoft just proved the power of advertising  ZDNet

US Podcast Advertising To Top $1 Billion Next Year 08/04/2020 - MediaPost Communications
US Podcast Advertising To Top $1 Billion Next Year 08/04/2020  MediaPost Communications

The Return to Live Sports Will Force TV Advertisers To Rethink Their Approach - AdExchanger
The Return to Live Sports Will Force TV Advertisers To Rethink Their Approach  AdExchanger

COVID-19 Impacts: In-Game Advertising Market Will Accelerate at a CAGR of Almost 20% Through 2020-2024 | Increasing Popularity of Mobile Gaming to Boost Growth | Technavio - Business Wire
COVID-19 Impacts: In-Game Advertising Market Will Accelerate at a CAGR of Almost 20% Through 2020-2024 | Increasing Popularity of Mobile Gaming to Boost Growth | Technavio  Business Wire

Global Online Display Advertising Platforms Market 2020 and estimated to grow in near Future, Growth, Supply Demand and Analysis by Types 2020-2026 - Market Research Posts
Global Online Display Advertising Platforms Market 2020 and estimated to grow in near Future, Growth, Supply Demand and Analysis by Types 2020-2026  Market Research Posts

Google’s Advertising Haul Comes Up Short for First Time - The Wall Street Journal
Google’s Advertising Haul Comes Up Short for First Time  The Wall Street Journal

Got Milk? returns to advertising with spots by Weber Shandwick - PR Week
Got Milk? returns to advertising with spots by Weber Shandwick  PR Week

Fox posts lower quarterly profit on decline in advertising revenue - Fox Business
Fox posts lower quarterly profit on decline in advertising revenue  Fox Business

Mobile Advertising Market Statistics, Revenue, Cost, Gross Margin, Dynamics, Competitive Landscaping And Impact Of COVID-19 - Market Research Posts
Mobile Advertising Market Statistics, Revenue, Cost, Gross Margin, Dynamics, Competitive Landscaping And Impact Of COVID-19  Market Research Posts

Centro Implements Transparency Requirements to Bring Advertisers and Publishers Closer Together - MarTech Series
Centro Implements Transparency Requirements to Bring Advertisers and Publishers Closer Together  MarTech Series

Brands continue to lean heavily on programmatic advertising, IAB says - Marketing Dive
Brands continue to lean heavily on programmatic advertising, IAB says  Marketing Dive

ViacomCBS Sets Launch Of EyeQ, A Comprehensive Offering For Advertisers - Deadline
ViacomCBS Sets Launch Of EyeQ, A Comprehensive Offering For Advertisers  Deadline

Pinterest shares close up 36% on user growth and advertising in Q2 - CNBC
Pinterest shares close up 36% on user growth and advertising in Q2  CNBC

Walmart rolls out measurement tool to take on Amazon Advertising - Business Insider
Walmart rolls out measurement tool to take on Amazon Advertising  Business Insider

‘A Big Correction’: Pandemic Brings Change to ‘Bloated’ Ad Industry - The New York Times
‘A Big Correction’: Pandemic Brings Change to ‘Bloated’ Ad Industry  The New York Times

How to achieve brand safety in digital advertising - SmartBrief
How to achieve brand safety in digital advertising  SmartBrief

Hometown assist program: Philadelphia Flyers to award free advertising to 5 small businesses - WPVI-TV
Hometown assist program: Philadelphia Flyers to award free advertising to 5 small businesses  WPVI-TV

IAB US Podcast Advertising Revenue Study: FY 2019 & 2020 COVID-19 Impact - IAB
IAB US Podcast Advertising Revenue Study: FY 2019 & 2020 COVID-19 Impact  IAB

Microsoft Advertising Integrates Shutterstock to Help Advertisers Create High-Performing Ads - PRNewswire
Microsoft Advertising Integrates Shutterstock to Help Advertisers Create High-Performing Ads  PRNewswire

AdTech Roundup: Top Things in Advertising Technology - MarTech Series
AdTech Roundup: Top Things in Advertising Technology  MarTech Series

TikTok's new offering for small advertisers could help it lure them from Facebook - CNBC
TikTok's new offering for small advertisers could help it lure them from Facebook  CNBC

Facebook May Ban Political Advertising - Variety
Facebook May Ban Political Advertising  Variety

SiriusXM, Pandora Add Self-Pay Subscribers, But Advertising Falls Amid Pandemic - Hollywood Reporter
SiriusXM, Pandora Add Self-Pay Subscribers, But Advertising Falls Amid Pandemic  Hollywood Reporter

Disney Slashed Ad Spending on Facebook Amid Growing Boycott - The Wall Street Journal
Disney Slashed Ad Spending on Facebook Amid Growing Boycott  The Wall Street Journal

People of Color Drive Culture. They Will Save Advertising - Adweek
People of Color Drive Culture. They Will Save Advertising  Adweek

Why this Facebook advertising boycott is different - The Drum
Why this Facebook advertising boycott is different  The Drum

Hindu temple ad runs in Times Square despite opposition - Associated Press
Hindu temple ad runs in Times Square despite opposition  Associated Press

Advertisement: American Advertisement | Review - Pitchfork
Advertisement: American Advertisement | Review  Pitchfork

Facebook Advertisers Boycott, Demand Changes - Voice of America
Facebook Advertisers Boycott, Demand Changes  Voice of America

Target, MTV Blocked Ads From News Mentioning ‘George Floyd’ and ‘Protests’ - The Wall Street Journal
Target, MTV Blocked Ads From News Mentioning ‘George Floyd’ and ‘Protests’  The Wall Street Journal

As Trump Pushes Into Portland, His Campaign Ads Turn Darker - The New York Times
As Trump Pushes Into Portland, His Campaign Ads Turn Darker  The New York Times

The Revitalization Of Print Advertising - Forbes
The Revitalization Of Print Advertising  Forbes

Advertising adjusts for a new reality: Sweatpants for staying home and toilet paper that cares - The Washington Post
Advertising adjusts for a new reality: Sweatpants for staying home and toilet paper that cares  The Washington Post

Facebook Boycott: Starbucks and Diageo to Pull Ads - The New York Times
Facebook Boycott: Starbucks and Diageo to Pull Ads  The New York Times

Google Will Require Proof of Identity From All Advertisers - The New York Times
Google Will Require Proof of Identity From All Advertisers  The New York Times

As Facebook Boycott Grows, Advertisers Grapple With Race - The New York Times
As Facebook Boycott Grows, Advertisers Grapple With Race  The New York Times

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