Advertising & Marketing Law
Expert Marketing and Advertising Lawyers of Choice
If you use print or digital media to advertise or market your business, you may need an advertising lawyer at some point. At SBL, we aim to be your advertising and marketing lawyer of choice.
As advertising lawyers, we can help you understand your obligations under Australian Consumer Law (ACL) and copyright law. And we can help review your images and copy prior to publication.
HOW WE HELP
How we help advertisers
At SBL we have years of experience in the legal advertising and marketing fields. We can assist with reviewing your advertising materials or direct marketing material for legal compliance with the ACL. And we can advise on potential legal risks under the ACL and its regulations.
We can also report on copyright and privacy laws related to advertising. And we can give advice around comparative advertising, advertising codes of conduct, competitions and promotions.
How we help consumers
As a consumer, advertising laws and regulations may impact you as well. We can advise you on commencing legal action against advertisers for:
- Breach of advertised warranties.
- False or misleading advertising.
- Other violations.
There are shorter timeframes to start legal proceedings in advertising and marketing law. So don’t delay contacting a marketing and advertising lawyer to discuss your complaint and evidence.
Frequently Asked Questions
A ‘consumer’ under the ACL is not just a consumer of goods or services for personal, domestic or household use. Anyone who purchases goods or services for up to $40,000 is a consumer except purchasers of financial products, financial services and trucks. Depending on the facts and the evidence, you may have grounds for seeking redress against the supplier under the ACL.
You should get advice from a business lawyer.
Generally, no, unless the code of conduct is a Regulation under the Competition and Consumer Act 2010. Industry codes of conduct or codes of ethics are self-regulation frameworks that the Advertising Standards Board uses when reviewing consumer complaints about advertising or marketing content.
If the Board finds a basis for the complaint, they may request the advertiser remove or amend the advertisement.
As both small business lawyers and marketing and advertising lawyers, we’re experts in small business marketing laws. Whether you’re a sole trader working from home or a small business owner, you must comply with competition and consumer laws under the ACL and the Competition and Consumer Act 2010. These laws ensure that businesses are able to compete on their merits in a fair and open market. It also ensures that all consumers are being treated fairly.
At SBL we can help you understand your rights and obligations under marketing and advertising laws. And we can help ensure all your content meets those requirements.