Legal Question in Business Law in California

Redirecting business from our site to a competitors site

My Company--name removed--Financial Group pays to advertise on a site that generates Mortgage Loans to our site. We have not received 1 loan application over 2 months and our website has yellow highlites that redirect business from our site to other Financial & Mortgage sites (competitors)and on our contact & loan application sites as well. In addition our site has additional advertising in which it takes 20-25 clicks to see our banner come up we were told 1-10 clicks that is why we paid for that service. What can we do? We are losing business to other sites because of the redirection in which we pay for.Please advise.

Sincerely

--name removed--Paradise


Asked on 12/04/03, 10:26 pm

6 Answers from Attorneys

Re: Redirecting business from our site to a competitors site

It sounds like one or both of two things have happened here. 1. They have breached the contract by failing to live up to their obligations under the contract. Or, 2. They have misrepresented to your company what it was they would be providing.

As for both assuming you have a written contract, an attorney should review the contract and discuss the facts with you to determine whether a demand should be made upon the other side and/or file a lawsuit.

Without reviewing the contract it is impossible to determine what exactly the other side's obligations are.

Having to click so many times before even seeing your banner is a problem. Having a situation where they promised a reduced number of clicks to get to your banner is something that you are paying for. The fact that you are not getting that PLUS you are having some of your existing traffic diverted from your site to theirs is a real problem and one which has the potential for you to recover money damages from the other side.

You do, however, need to have a talk with an attorney. I would be happy to meet with you and review the contract to determine what steps to take.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS �

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.legalwarriors.com

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Answered on 12/05/03, 4:43 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Redirecting business from our site to a competitors site

You have several causes of action. Call me directly at (619) 222-3504.

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Answered on 12/08/03, 7:38 pm
Michael Olden Law Offices of Michael A. Olden

Re: Redirecting business from our site to a competitors site

I am a business lawyer. I've been practicing for 30 years. My job is to give legal advice. Reread your question are you really asking for legal advice??? I think not you what business advice. I have business advice in 30 years of practicing law in the business area as well as teaching it in law schools and universities in the San Francisco Bay Area I have a lot of business advice. While good rule is not to give out business advice and I charged for my business advice. Therefore,i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/05/03, 10:22 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Redirecting business from our site to a competitors site

if the company running the site is responsible for not living up to the terms of the advertising agreement you entered into with them. you would have various tortious and/or breach of contract remedies available to you effective immediately. if you would like a free phone consultation on this matter, email us directly with your contact information today.

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Answered on 12/04/03, 11:07 pm

Re: Redirecting business from our site to a competitors site

You might be able to sue for misrepresentation or, depending on what your contract says, breach of contract.

You should consult a web-savvy attorney.

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Answered on 12/04/03, 11:22 pm
Larry Rothman Larry Rothman & Associates

Re: Redirecting business from our site to a competitors site

Your written agreement must be examined. Our firm would be happy to review your agreement and provide you with consultation.

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Answered on 12/11/03, 10:12 pm


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