In this electronic age, many of us use our website to advertise our services and provide information, guidance, and advice to customers, prospective customers, or the general public. While you most certainly should continue to do so, there are a couple of real legal concerns to look out for:
Disclaimers. If you are providing general information, guidance, and advice on your Website, then you should place a DISCLAIMER on your website providing that the information, guidance, and advice is for general information purposes only and is not to be relied upon by an user or viewer of your website, and under no circumstances will the information impose any liability on your company. We are starting to see legal claims made by viewers and users of websites wherein the allegation is incorrect information, guidance, and/or advice was provided on a website, which a user or viewer relied upon to his detriment.
Advertisements. If you are advertising your company and/or services on your website or any other website, be sure all information is absolutely 100 percent true, correct, and in no way deceptive or misleading. Any advertisement which is, or may be, false, deceptive, or misleading may expose your company to liability under various state unfair trade practices and consumer protection laws. These laws are very consumer friendly and can expose your company to actual damages, legal fees, and triple damages. Here are just a few examples of what may constitute false, deceptive, or misleading advertisement: 1) stating that your company has been in business for more than a decade, if not true; 2) stating that your company is affiliated with a professional trade association or using their logos when your company is not an active member and/or has no affiliation; 3) stating or implying that your company supervises all work or performs all work directly, if it in fact subcontracts work to subcontractors whom it does not supervise; 4) stating or implying that the company is an authorized or certified distributor or installer of certain alarm equipment, if it is not; and 5) any other statements which may be false, misleading, deceptive, or a stretch of the absolute truth.
Michael J. Revness, Esq., is a founding partner and chairs the security alarm department at Kurtz & Revness, P.C. For questions, comments, or requests for legal service, please call Mr. Revness at (610) 688-2855, or drop an e-mail to michael.revness@kandrlaw.com. This article is for information purposes only and does not constitute, and should not be relied upon as, legal advice.