Internet Attorney: Jillian Michaels Lawsuit

Jillian Michaels lawsuit provides a reminder that your website claims about the results achieved by your products and services can land you in a lot of legal trouble — have your Internet attorney review your website content — beyond what the Federal Trade Commission (FTC) and state attorneys general consumer protection divisions can do to you.

You could face a multi-million dollar class action lawsuit. Here’s an example of how it works.

Fitness guru Jillian Michaels, a star of the television show “The Biggest Loser” has been sued in a California state court for allegedly making false claims on behalf of a weight-loss product. According to the plaintiff in the case, Michaels has claimed “Take two capsules before main meals and you lose weight. That’s it.” This, the plaintiff contends is false and contrary to Jillian Michaels repeated statements to the effect that long-term weight loss requires hard work and discipline.

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This post isn’t about whether Michaels has crossed the line into making deceptive and misleading results claims. It is about the consequences of making any types of results claims for your products and services that an angry customer, combined with a plaintiff’s attorney willing to work on a contingency fee, can use to make your life a living hell for the next several years whether or not you did something wrong. In the Jillian Michaels lawsuit, it is likely that she will spend more than $100,000 in legal fees if the dispute goes to trial. That’s not counting damages if she loses or settles out of court. Even if Jillian Michaels wins the lawsuit, the public will remember the allegations rather than the outcome. How much would you be able to pay in legal fees in a lawsuit because you didn’t head off claims by consulting with an Internet attorney before posting content online?

Moral of the story. Learn from the Jillian Michaels lawsuit.  Double check every claim you make about your products and services. If you can afford it (how can you afford not to?), get your website analyzed by your Internet attorney. This includes both your sales page and the testimonials you use in your marketing. When in doubt, you may want to Kill Your Testimonials.

Hat tip: Tom Harvey at the Salt Lake Tribune

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Kevin Trudeau: Back to Jail? (Yes – see update)

For the Internet marketers running for the hills because of the crackdown by the Federal Trade Commission (FTC) on deceptive marketing practices, the saga of Kevin Trudeau is scarier than that of Perry Belcher. Trudeau made the stupid mistake of telling his cult followers to e-mail the judge handling his case.

The response? Trudeau faces sentencing for criminal contempt, has had to post $50K bail, and surrender his passport. Regardless of how sentencing goes, Kevin Trudeau risks financial ruin. The only question is whether he will be able to hide enough assets from the government.

The cynic in me believes that like a cockroach in an nuclear blast, Trudeau will find a way to survive. Wouldn’t surprise me in the least to see him find religion and bilk the same gullible people out of money using his new-found belief in the “Secret” or the Great Green Arkleseizure.

Yet you have to wonder how well Trudeau would have done over the long term if he had actually bent the rules but not broken them. What if he had delivered value to customers without lies or misrepresentations? Was the time he already spent in prison worth it? How about the reputation as a fraud and convicted felon?

Some would say that Trudeau’s brushes with the law aren’t relevant to Internet marketing.

Oh really? Note that the new FTC guidelines don’t distinguish between online marketing and infomercials.

Hat tip: Mitch Lipka

February 19, 2010 Update – The judge sentenced Trudeau to 30 days in jail for contempt. Trudeau also forfeits his $50,000 bond but will be appealing the judge’s decision. Go figure. It remains to be seen how much Trudeau will be ordered to pay in the underlying lawsuit.

Hat tip: Reuters

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