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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 Mon. January / 20 / 2020

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Female-targeted advertising, UW-Madison drinking culture factors in high female alcohol death rates  WAOW

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Susan Estrich: Microtargeting affects not only advertising but politics tpp  Omaha World-Herald

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[Trends 2020] Here's What Will Redefine Outdoor Advertising  Entrepreneur

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U.S. Advertising and Marketing Spend to Grow to Nearly $390 Billion in 2020  Adweek

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Programmatic Advertising Is Driving Rapid Growth in Mobile Video  eMarketer

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How Doubling Down on Addressable Technology Can Transform An Advertising Buy  Broadcasting & Cable

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11 key Walmart executives who are leading its advertising business  Business Insider Nordic

Former Tribune advertising director Smith dies | Local News - Citizentribune
Former Tribune advertising director Smith dies | Local News  Citizentribune

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4 Best Practices To Keep In Mind For Your AR Advertising Campaign  Grit Daily

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Advertisers beg Google not to kill Chrome cookies without a plan B, warning it could hurt start-ups  CNBC

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Thomas E. Lister: Don't allow false political advertising  La Crosse Tomah Journal

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Tenn. lawmaker files bill allowing college athletes to be compensated for advertising  WMC

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Why Advertising Icon PJ Pereira Wrote a Novel About Kung Fu and AI  Adweek

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Spotify's New Podcast Advertising Tool Had 'Major' Results for One Early Advertiser  The Motley Fool

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Comscore Television Viewing Data Helps Predict Advertising Audience Decline  Yahoo Finance

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Lazy Advertising Thinking Is A Deadly Sin  Forbes

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Is the Viral Non-Ad Ad the Future of Advertising?  The New York Times

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Some Super Bowl advertisers concerned Trump, Bloomberg ads could steal their thunder  NBC News

Amazon's Expanding Its Video-Advertising Business - The Motley Fool
Amazon's Expanding Its Video-Advertising Business  The Motley Fool

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Advertising As We Know It Is Dead  Forbes

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Should Massachusetts ban billboards advertising marijuana products?  The Boston Globe

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Greenwich Avenue banner issue could be sign of larger debate  CT Insider

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Scoop: Cargo pivots to car-top advertising, does layoffs  Axios

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Hypocrisy is at the heart of Facebook’s refusal to ban false political advertising  The Guardian

Your Digital Detox May Be Toxic for Advertising - The New York Times
Your Digital Detox May Be Toxic for Advertising  The New York Times

Facebook Advertising in 2021 Report - eMarketer - Business Insider UK
Facebook Advertising in 2021 Report - eMarketer  Business Insider UK

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YouTube overhauls advertising, data collection on kids content  The Washington Post

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Study: Tinder, Grindr And Other Apps Share Sensitive Personal Data With Advertisers  NPR

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Chipotle Won the Advertising Battle Last Quarter  QSR magazine

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Cloud Advertising Market – Market Data, Industry Analysis, Size, & Share 2016 – 2022 – Dagoretti News  Dagoretti News

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B2B Paid Advertising in 2020 with Greg Finn [PODCAST]  Search Engine Journal

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Legislation would allow student athletes to sign advertising contracts  WREG NewsChannel 3

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Report: Online advertising industry is behind illegal collection, indiscriminate use of personal data  YubaNet

Trump knocks 'mini Mike Bloomberg' over health care, 'false advertising' | TheHill - The Hill
Trump knocks 'mini Mike Bloomberg' over health care, 'false advertising' | TheHill  The Hill

What Amazon Advertising Will Look Like in 2020 - Adweek
What Amazon Advertising Will Look Like in 2020  Adweek

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ADVERTISING: Advertorial — JONATHON M. SASSER: Health Detectives: Allies through your wellness adventure  Coeur d'Alene Press

Facebook Revises Rules On Political Advertising - NPR
Facebook Revises Rules On Political Advertising  NPR

Majority of Advertisers Used Advanced TV Solutions in 2019, New Survey Finds - MarTech Series
Majority of Advertisers Used Advanced TV Solutions in 2019, New Survey Finds  MarTech Series

Inside the Biggest 2020 Advertising War Against Trump - The New York Times
Inside the Biggest 2020 Advertising War Against Trump  The New York Times

Facebook’s revised political advertising policy doubles down on division - The Verge
Facebook’s revised political advertising policy doubles down on division  The Verge

Verizon’s Super Bowl advertising will focus on, what else, 5G - Fortune
Verizon’s Super Bowl advertising will focus on, what else, 5G  Fortune

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Company pitches real revenue from virtual advertising  My Citizens News

Twitter Sorry for Helping Advertisers Reach Homophobes - Advocate.com
Twitter Sorry for Helping Advertisers Reach Homophobes  Advocate.com

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NBC’s Peacock Enlists Advertisers and Cable Companies in Marketing Push  Wall Street Journal

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Microsoft Advertising to deprecate average position after all  Search Engine Land

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New Subway boss John Chidsey seizes control of ad budget  New York Post

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Microsoft Advertising launches sweepstakes for advertisers  Search Engine Land

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36 of Madison Avenue's rising advertising stars under 36  Business Insider Nordic

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Can revenue-hungry retailers rise to meet digital advertising's opportunity?  Marketing Dive

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Spotify to Suspend Political Advertising  Wall Street Journal

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CenturyLink Settles a Case for Deceptive Advertising  Cord Cutters News, LLC

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Multiple platforms of advertising now, says Goa's ad veteran  The Navhind Times

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YouTube advertisers blindsided by climate change denial videos  The Verge

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The Pitch: Advertising and marketing news for 1.14.20  RichmondBizSense

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W2O acquires advertising, medical education firm 21Grams - Agencies - MM&M  Medical Marketing and Media

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Pitch deck: How Target is pitching its advertising network to retailers  Digiday

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Video is now more lucrative for Chinese advertisers than news sites  Abacus

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Waitrose slammed for advertising eggs before a VEGAN cooking show  Daily Mail

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Why Is the Apple TV Constantly Advertising at Us?  TidBITS

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News Corp Sells Video-Advertising Startup Unruly  Wall Street Journal

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Amazon challenges Google and Facebook's hold on digital ad market  AdAge.com

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Jan 18 | Win FREE Advertising Package for a Year!!! | Danbury  Patch.com

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Super Bowl 2020: the ins and outs of the big game's advertisers  The Drum

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9 Comparative Advertising Examples to Help You Get Ahead  Business 2 Community

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Quibi video startup explained: Marketing, revenue, execs, advertising  Business Insider

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Television’s Biggest Advertisers Spent Almost $10 Billion in 2019  Adweek

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Waitrose apologises for offending vegans by advertising meat and dairy during ITV's first plant-based cooking show  The Telegraph

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The streaming wars aim to kick off a new era in TV advertising  CNBC

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IBM Launches Advertising Accelerator with Watson  Yahoo Finance

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Television Advertising Market Industry Analysis, Trend and Growth, 2016 – 2024 – Dagoretti News  Dagoretti News

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Apple iOS 13: Is Advertisers’ Worst Nightmare Coming True?  Forbes

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Fox relies on Trump, Bloomberg Super Bowl advertising, which stands out from other advertisers  themediatimes

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From internet to billboards, Ukraine's advertising market continues to grow  Kyiv Post

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Facebook enables disinformation with advertising policy | Columns  Effingham Daily News

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Advertising Market in 2020: Global Industry Growth Analysis, Size, Share, Future Trends, Segmentation, Demands and Top Players Updates by Forecast to 2024 – Dagoretti News  Dagoretti News

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Microsoft Advertising’s PromoteIQ integration for retailers, brands is now in beta  Search Engine Land

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Outdoor Advertising Market in 2020: Global Industry Growth Analysis, Size, Share, Future Trends, Segmentation, Demands and Top Players Updates by Forecast to 2024 – Dagoretti News  Dagoretti News

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The Duke of Wellington is advertising for a '100 per cent trustworthy' steward  Daily Mail

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Video sites now more attractive than news sites for online advertisers in China  Tech in Asia

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What Will It Take For Addressable Advertising to Come to Fruition? [VIDEO]  TVRev

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TikTok explores curated content feed to lure advertisers  Financial Times

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Spotify will use everything it knows about you to target podcast ads  The Verge

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Advertising in a world of consumer distrust | Analysis – Gulf News  Gulf News

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Verizon's Super Bowl advertising focuses on 5G  Daily Gaming Worlld

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Maryland lawmakers propose tax on digital advertising revenue  MNE Tax

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Dating apps need women. Advertisers need diversity. AI companies offer a solution: fake people  Seattle Times

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Facebook backtracks on plans to monetise WhatsApp with advertising  MobileMarketing Magazine

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Get ready to be bombarded with 2020 Census ads  Pittsburgh Post-Gazette

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Global Door to Door Advertising Market 2020 Industry Key Players, Size, Share, Growth, Trends, Sales, Supply, Demand Deployment Model and Growing Prominence Analysis by 2024 – Dagoretti News  Dagoretti News

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Winterberry Group Research Finds US Advertising and Marketing Spend to Grow to Nearly $390 Billion in 2020, Up More Than Seven Percent Over 2019  GlobeNewswire

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New report offers analysis on the Outdoor Advertising Machine Market  Fusion Science Academy

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Standard text ads will live on a bit longer, Microsoft Advertising says  Search Engine Land

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‘The lowest-priced time of year’: Advertisers pounce on TV’s discounted holiday rates  Digiday

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Celebrities Starting To Line Up For Super Bowl Advertisers  SportsBusiness Daily

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Global Internet Advertising Market 2020 Alphabet, Facebook, Baidu, Yahoo! Inc, Microsoft, Alibaba, Tencent, Twitter  Fusion Science Academy

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Survey: Most advertisers used advanced TV solutions in 2019 |  Advanced Television

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Traditional Advertising Agency Services Market – Survey on Consumption Benefits 2031  Fusion Science Academy

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I'm A Celebrity hands Ten another advertising demographic win as a second star is booted from the jungle  MuMbrella

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Washington Privacy Proposal Draws Praise From Some Advocates, Criticism From Advertisers 01/17/2020  MediaPost Communications

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