eBook Ch. 8
Advertising Malpractice:
What Is it and How Could it Cost You?

ebook Chapter Cover Image "Advertising Malpractice: What Is it and How Could it Cost You?"

Ch. 8: Advertising Malpractice: What Is it and How Could it Cost You?

Media / Advertising Malpractice

Protects

Is enforced by…

Pitfalls for media companies

Notes

Lawsuits in which clients claim your ads or media made a mistake

E&O Insurance (aka Media Malpractice Insurance) may cover legal / lawsuit bills.

Clients may expect big results from ad campaigns. Be careful not to overpromise.

Even if clients sign off on an ad, they can sue you if they're unhappy with the results.

We've talked a lot about copyright, IP, trademark, and other issues — but what if you just produce something that your client hates? What if you run a terrible ad or an employee makes a mistake that causes your media campaign to fall apart? These are all advertising malpractice issues.

Just as a patient might sue her doctor for botching a surgical procedure, a client could sue you if you mismanaged the job you were hired to do. But you don't even have to make a mistake. A client could just be unsatisfied with the results and sue you. For instance, a client might…

  • Claim a poor ad campaign injured its reputation.
  • Expect better sales numbers and blame its ad agency's work.
  • Be unsatisfied with search engine rankings and sue its SEO marketing firm .

Next: Pt. 1: Case Study: The $10 Million Just For Feet Super Bowl Ad Disaster

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