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Search engine optimization, the newest lawsuit frontier?
SHERRY KARABIN
Legal News Reporter
Published: March 13, 2015
With the genesis of the Internet, marketing has come a long way. Companies that once relied on radio and television advertising or perhaps even billboard signs to get the word out, today lure more customers through the use of social media and catchy websites.
As a result, marketers now can provide search engine optimization (SEO) packages to help boost Google rankings and stimulate website traffic. There are even some standalone SEO providers.
But is this emerging area of specialty the next frontier for lawsuits?
As Buckingham, Doolittle & Burroughs commercial business litigation partner John F. Hill explains, in July 2013 a law firm filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit in Arizona federal court against a legal consultant that allegedly created a “bogus Internet marketing program, supposedly designed for small law firms and sole practitioners.”
Farmington Hills, Michigan-based Seikaly & Stewart is seeking a $49,000 refund and punitive damages from The Rainmaker Institute and its chief executive officer, Stephen Fairley, for allegedly misrepresenting its SEO abilities.
The suit argues the services provided by Gilbert, Arizona-based The Rainmaker Institute were both ineffective at increasing “the Victim Firms” visibility on Google and relied on methods that violated Google’s terms of use.
If Seikaly & Stewart prevails, experts say this could have a major impact on Internet marketing companies.
“I think it is a difficult case for the customer,” said Hill. “But, win or lose, it has already had some effect on those who market SEO services. When the lawsuit was filed, it caught the attention of a lot of SEO people, bloggers and consultants and I think SEO providers are now being a lot more careful with what they promise.”
Hill said the most surprising part of the lawsuit is the RICO allegations. “Breach of contract, common law fraud or misrepresentation would be some of the more common ways a suit like this one could be brought,” he said.
The chair of Buckingham, Doolittle & Burroughs’ litigation practice group said he would advise business owners who are considering bringing in an SEO expert to first educate themselves on the technology so they can ask the “right” questions to determine what the realistic expectations should be and what guarantees are in place to ensure results.
Before signing any contract, have a lawyer read it over, he said.
“Legitimate consultants will give you a way to track the traffic to your website and get the metrics and data as to where these people entered the site and which pages were most often read.
“They should present an owner with reports and the owner must read these reports and ask questions if they do not understand something,” said Hill. “If you ignore the reports and keep paying for two years and try to sue after the fact, you will have a problem in your case.”
Prior to joining Buckingham, Hill had his own firm, Hill Hardman, and brought in consultants to drive traffic to the firm’s website. “I educated myself enough to ask questions,” he said. “I remember that we had some spikes of activity, but no one was able to explain exactly why that happened.
“One thing we learned from the consultants is that not all companies need SEO services. If an owner is dealing with the public and seeks a large customer base they want to drive to visit their website, SEO is appropriate,” said Hill. “However, if your website is not designed to be a large source of business and is merely there to educate a select group of consumers, then SEO may not be warranted.”
Andrew Holland, president of the Akron-based interactive media group EYEMG.com, said there are many different layers involved in producing positive SEO results.
“There is a human side and machine reading side to SEO,” said Holland. “On the human side, the appropriate keywords must be inserted into editorial copy in a way that does not sound like ‘mad libs,’” said Holland, whose company handles work ranging from web design to app development.
“The strategy for keywords needs to be researched based on the brand and there needs to be a ‘real’ understanding of who the customer’s client is and what the client is looking for in the product in order to come up with a strategy to create successful results.”
Holland said a “solid” SEO firm will have a research team that understands customer language, a writing team that deals with keywords and a coding department.
“There must be good analytics that show progress from day one to 10 to 25 and so on,” he said.
It is imperative that SEO providers understand Google’s practices, said Holland.
“Google has a strict set of guidelines on how to present web content. If you bastardize these rules in any way, you risk being pushed to the bottom of its rankings or taken out altogether.”
In addition to trying to raise one’s ranks via a consultant, Holland said it is possible to buy placement.
He said more and more SEO is being tied to social media marketing to create increased awareness of a product or company.
Although Holland has a solid grasp on the technology, he said his company generally farms out its SEO to a specialist.
“We are well versed in the language so we can make sure our client is getting the best value for their dollars,” said Holland. “This frees us up to do what we do best.”
One of EYEMG.com’s go-to firms is Sanctuary Marketing Group in North Canton.
“The most important thing that consumers should know is that no firm can guarantee you a specific ranking,” said Kelly Brown, chief executive officer at Sanctuary Marketing Group.
“The first thing we ask any potential SEO client is what do you want to accomplish and how are you measuring your goals? We try and understand where the client is before we begin and we agree on three to five metrics that will be used to measure the results,” said Brown. “Ultimately, those metrics should be tied to the growth of the business, which can be measured in terms of leads, sales etc.”
He said his company sets benchmarks, reviewing movement toward a client’s goals at various intervals.
“For example, if a client has 1,500 visitors and wants 2,000, we will provide month to month progress.
“Clients should have an agreement that details exactly what is being done,” he said. “Never hire someone and pay them monthly without knowing what you are getting.”
He said Sanctuary usually asks for a 12-month commitment. “We have never held anyone to that because we know things happen. Generally speaking though, it takes about a year to develop a profitable marketing model, test it and make adjustments.
“The best online strategy often mirrors what is being done offline,” said Brown.