Marketing and Advertising Litigation Attorney

Types of marketing and advertising litigation include:

Spam & Bulk E-Mail Litigation and Disputes – Many federal and state laws regulate false and misleading e-mail. The primary federal law, entitled “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003,” or Can-Spam for short, was initially passed as Public Law 108-187, via Senate bill S.77, but was later codified as 15 U.S.C. 7701, et seq.

Facsimile Disputes and Litigation – Facsimile and telephone marketers can be a huge hassle to legitimate businesses leading to decreased productivity, tied phone lines, toner, and paper. To combat this problem, the United States Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 (47 U.S.C. 227). The TCPA prohibits unsolicited fax advertisements, pre-recorded voice messages, and telemarketing. It also provides for a private right of action, which allows private individuals to seek statutory damages of up to $1,500 per violation.

Spyware Litigation and Disputes – Spyware is beginning to attract the attention of attorney generals in numerous states. Many statutes allow plaintiffs to individually seek damages from spyware programmers and distributors. Often called adware or malware, spyware producers and distributors may also be subject to criminal laws as well as monetary damages.

SMS and Text Messaging Spam – One of the newest tech-law issues, the increasing use of wireless phones and personal digital assistants has led to a rise in text-messaging spam.

How Lexero Can Help You

Contact the Lexero Law Firm today if you have fallen victim to spyware, malware, or other types of malicious software that threaten your privacy rights or your rights to safely use the Internet. Our experts can also handle harassment cases involving spam, telemarketing, or other types of marketing schemes harming your business or personal privacy. Our attorneys are here to help you determine the best course of action which may include a trial or settlement hearing.