Small Businesses Marketing Online Alone Are at Increased Legal Risk

Recent ruling against Google stresses importance of having professional marketing company as an advisor for all online marketing and SEO activities

Brisbane, Australia (prHWY.com) April 8, 2012 - Small businesses are in danger of easily breaching the Trade Practices Act 1974 (TPA) if they do not have the right marketing representation when advertising online, warns leading Web solutions company Pellicaan Online. A recent ruling against Google, and indirectly its advertisers, shows how easy it is to step over the proverbial line, and small businesses are at greater risk of falling subject to hefty fines due to their lack of legal resources.

In a unanimous decision, three Federal Court judges overturned a September 2011 decision by a Federal Court judge that had originally found Google not guilty of breaching the TPA. The ruling was handed down after the Australian Competition and Consumer Commission filed for an appeal in October.

In the ruling, the court found Google to be guilty of engaging in misleading and deceptive practices by allowing companies to pay for sponsored links that bore the names of competitors. In one example, STA Travel, a global travel agency, purchased ads with a competitor's name in them: Harvey World Travel. When consumers clicked on the ads, they were taken to statravel.com.au rather than Harvey's site.

Because Google allowed for this type of action by companies, the court cited Google for being in violation of section 52 of the TPA. This is a reversal of a ruling back in September, when Federal Court Justice John Nicholas dismissed a similar case filed by the ACCC. He sided with the argument that Google could not be held liable for its customers' misrepresentations, and that it had in fact simply passed down its clients' wishes without interfering. That ruling was appealed by the ACCC in the following month, the results of which came out in early April.

"The recent case involving Google and its clients serves as an important reminder of the uncertain line between creative advertising and going too far," Pellicaan Online Managing Director Trudy Pellicaan said. "What may seem like a great idea might in fact lead to serious legal trouble. The risk is particularly great with small businesses, which often do not have the legal resources to fully understand what they can and can't do legally."

Pellicaan advises small businesses to seek expert advice when it comes to online advertising and marketing. The TPA (later renamed the Competition and Consumer Act 2010 in January of 2011) covers almost all aspects of trade and the marketplace, and it serves as the nation's safeguard against anti-competitive business practices. Because it consists of more than 600 pages, small business owners typically don't have the time or legal resources to fully grasp everything within the law. Reputable online marketers and SEO providers are trained to know the nuances that come along with online advertising.

"Pellicaan Online shields its clients from this sort of harm by ensuring lawful online marketing practices that are effective in increasing market share and are also well within the legal boundaries," Pellicaan said. "As the demand grows for SEO, Brisbane and Gold Coast companies will find more and more competition from around the country and the world. The temptation may surface to use creative advertising methods to beat the competition. And, while this is admirable, in some cases it may lead to unintended consequences. It's important that companies utilize the services of experts, such as Brisbane SEO Company Pellicaan Online, when planning their online marketing and SEO strategies."

For now, companies can take advantage of the front wave of SEO marketing in Australia, as Web marketing becomes increasingly popular. Pellicaan stresses that now is the time to get ahead of the competition, before everyone joins the Internet marketing revolution.

A trusted source for Internet marketing, Pellicaan Online has served Brisbane, the Gold Coast and online communities since 2011 with the latest SEO strategies. Pushing the boundaries of SEO, Brisbane Company Pellicaan Online leverages its experience in other fields to bring a synergistic approach to Web marketing. For powerful SEO, Gold Coast and Brisbane companies trust Pellicaan Online's experience in corporate identity building, Web design and development, and logo and print design to build powerful SEO campaigns. To learn more about this cutting edge Brisbane SEO Company, visit PellicaanOnline.com.au.

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Tag Words: seo gold coast, brisbane seo, seo, accc, seo brisbane, online marketing

Categories: Internet

Press Release Contact
Trudy Pellicaan
+61 07) 3847 3038
info@pellicaanonline.com.au
http://www.pellicaanonline.com.au

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