Legal Question in Business Law in New York

Publication refusing to run our ad

We are a small ad agency. Our client wants to advertise in the Funeral Services Section of the Publication.

The publication told us that they have just formed a stregic partnership with an obituary web site...and that they might not be able to take our ad because it might conflict with their business partners business. My question: Is this legal? Can they really refuse our ad because they have an interest in a similar business? Aren't they a publication subject to fair practices rules, federal laws, etc, etc?? Please advise.


Asked on 4/24/09, 10:06 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Publication refusing to run our ad

Without knowing the name of the publication involved and the precise circumstances it's hard to offer a definitive position, but, generally, while publications are subject to a variety of laws, they are not required to publish and and all ads. They may not discriminate on the basis of race, etc... but what they publish is more often than not solely within their discretion.

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Answered on 4/24/09, 10:12 am


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