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Sell Ads on Your Site or Newsletter? You Can be SUED...

by XponentSYS
12 replies
Here's something interesting.

If you sell ad space and your ADVERTISER runs afoul of the law, they can be sued. What's more, so can YOU.

That's what's happening here.....

Newspaper being sued for rental ad | News | The Register-Guard | Eugene, Oregon

It's an interesting thought for those of us who run ads across media that we own.
#ads #newsletter #sell #site #sued
  • Profile picture of the author lotsofsnow
    That is not relevant to most of us.

    Who owns a newspaper and accepts ads for rental of apartments?

    If you own a newspaper you have not only a lawyer but most likely a
    whole legal department stuffed with lawyers.
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    • Profile picture of the author writeaway
      Originally Posted by hpgoodboy View Post

      That is not relevant to most of us.

      Who owns a newspaper and accepts ads for rental of apartments?

      If you own a newspaper you have not only a lawyer but most likely a
      whole legal department stuffed with lawyers.
      Thing broadly, my man. The ruling impacts all PUBLICATIONS not just newspapers. What's stopping another court from following that court's reasoning and applying its conclusions to ONLINE PUBLISHERS. Focus on the legal precedent being set here.
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  • Profile picture of the author Brent Stangel
    That is not relevant to most of us.
    Must be a slow day.
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  • Profile picture of the author Jack Gordon
    I'm no expert in fair housing law or Oregon state law, but I can't imagine they carve out newspapers as targets while exempting other, smaller media.

    It is much more likely that they target behaviors inconsistent with the statutes, and go after anybody that violates them.

    Including, potentially, websites that would run ads on them.

    I wouldn't be so quick to dismiss the relevance of this example.
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    • Profile picture of the author XponentSYS
      Originally Posted by Jack Gordon View Post

      I'm no expert in fair housing law or Oregon state law, but I can't imagine they carve out newspapers as targets while exempting other, smaller media.

      It is much more likely that they target behaviors inconsistent with the statutes, and go after anybody that violates them.

      Including, potentially, websites that would run ads on them.

      I wouldn't be so quick to dismiss the relevance of this example.
      Thank you, Jack.

      You get the point I was trying to make.
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  • Profile picture of the author Tim Franklin
    Definitely, something to think about, Like other posters pointed out, If your a big business and you have lawyers on retainer, its easier to just pick up the phone and say, (handle it)

    For smaller businesses, (websites, Mom and Pops, you name it) if you have assets, look out because you might find yourself in a bad place, its always wise to be receptive about potential issues.
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    • Profile picture of the author thebert
      Agreed. If you have assets that could be targeted as a result of a lawsuit, then you should be careful.

      There are always enterprising lawyers looking to maximize their clients results. There's no reason whatsover to believe that our activities are immune.
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    • Profile picture of the author XponentSYS
      Originally Posted by Brent Stangel View Post

      Must be a slow day.
      Originally Posted by hpgoodboy View Post

      That is not relevant to most of us.

      Who owns a newspaper and accepts ads for rental of apartments?

      If you own a newspaper you have not only a lawyer but most likely a
      whole legal department stuffed with lawyers.
      Guys.....

      Respectfully, let's not miss the point here. At first glance, one might think that this post is about owning newspapers, real state and the possibility of legal questions that arise when the two cross paths.

      That's not why I posted this here.

      In this instance, to dismiss this because you're not the owner of a newspaper (for which you're lucky) and/or a land lord would be a myopic way of thinking.

      Why?

      Because the law DOES NOT APPLY only to housing. I know IN the article it does but let's look at the fact that....

      1. The ADVERTISER is the one who violated the housing law.
      2. The ADVERTISING MEDIA OWNER (np) is being sued.

      That's the point I want to consider.

      The point that a media owner is a defendant in litigation as a direct result of the actions of one of its advertisers.

      For those of us who are media owners - not just newspaper publishers - should keep an eye on the outcome of events such as the one I posted.

      Why?

      Because those outcomes become case law that can work with us - or against us.
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  • Profile picture of the author onSubie
    "Newspapers also cannot advertise rental conditions that violate civil rights or antidiscrimination laws."

    Is that the reporter generalizing? Does the law stipulate "newspapers", or specific media i.e. TV, Internet, Radio, Billboards? Or just "all media" or "all businesses that collect ad revenue"?

    For a printed newspaper, ads go through an editor who has an opportunity to review the ads before publication. Many ad sites let the users create and post their own ad.

    There are laws that protect web sites with user generated content. Do these 'user generated content' laws protect online classified sites?

    Seems like lots of grey areas for lawyers to get rich in...
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  • Profile picture of the author DWolfe
    Lawyers always look for people with deep pockets in this case the newspaper. Looking at their classified section, I do not see it mention, in posting an ad about the Fair Housing Act. for rentals. I did not take the time to fill out the form to see any disclaimers.(it could be there)

    Take a look at Craigslist in the rental section when you place and ad it has disclaimers about the Fair Housing Act. And you can flag any ad that is in violation. A few newspapers in this area also have disclaimers about Fair Housing. I wonder if the paper never realized it.


    I can see this impacting other business online. That's when LLC's become important to the business people in this forum and elsewhere. The IMers who promote health products or get rich with no work maybe the next targets.
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  • Profile picture of the author Jack Gordon
    Originally Posted by Ken_Caudill View Post

    The surest way to go broke is to take no risks.
    I'd call that the surest way to mediocrity, for sure.

    However, blatantly violating the statutes that regulate your industry would be a stupid risk, and it proves fatal for businesses every day.
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