Last week I received a rather bizarre request. According to the sales department at our company, we had a new client, and I was needed to review the contract and the creative. This is normal protocol in the company, but the request was on a very tight time frame, and required review and turn around for the April 1 launch of a brand new campaign
It’s important that someone in your company review all new creatives carefully before they are actually used in advertising. Whether you have in-house counsel, or just someone trained in the FTC’s rules and regulations, it’s a must to take a close look at everything that will represent your company on the web. If something seems absurd, too good to be true, or out of this world, you want to know now and catch it before it gets published, and gets you in trouble.
When I received the creative for the new campaign, to say I was surprised would be an understatement. Apparently, our new clients are aliens, and they were looking to run a campaign to generate participants for a "Free Brain Scan Offer." According to our CEO, he was told that with so much awareness of alien abductions on Earth, it was getting harder and harder for our alien clients to get the subjects they need for their medical experiments. People simply aren’t just hopping aboard UFOs the way they used to, and the aliens needed a new approach.
After an initial meeting, the aliens were comfortable that we could generate the leads they needed at a reasonable cost and we negotiated an appropriate agreement. I’m still a bit concerned that we agreed to comply with the Intergalactic Treaty on Email and Spam, as I have no idea what that is. But with the sales team breathing down my neck to get the deal done, I had little choice. After all, the offer is exclusive, involves no geo-targeting, no caps, and pays in Intergalactic Credits.
When I turned to the creative, I found myself in a difficult situation. If we showed how invasive the actual physical exam was, the offer might not perform. Yet I always opt for complete disclosure, and I wanted to make sure that we were not misleading consumers. To be sensitive to the offer’s performance, instead of showing graphic photos of the exam, we opted to for a clear, complete and conspicuous disclaimer.
If you’re interested in seeing the offer, check it out at www.freebrainscan.com. But remember to beware of Offers from Outer Space; especially when they are released on April 1.
Hope you all had an enjoyable April Fool’s Day. I know we did!
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Come back to the iLegal column every week as we get specific about the rules, regulations, laws and trends that affect the online advertising industry. Each week we discuss important legal issues, talk about how to avoid the pitfalls, and cover the breaking legal and regulatory advertising industry news.
Legal Disclaimer: Information conveyed in this column is provided for informational purposes only and does not constitute legal advice. These materials do not necessarily reflect the opinions of Digital Moses, and is not guaranteed to be complete, correct, or up-to-date. The column is provided for "information purposes" only and should not be relied upon as "legal advice." This information is not intended to substitute for obtaining legal advice from an attorney. No person should act or rely on any information in this column without seeking the advice of an attorney.
Mark Meckler is the General Counsel for UniqueLeads.com, Inc., and Unique Lists, Inc.
Copyright 2007 Mark J. Meckler
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