Sergei Lemberg, a plaintiff’s attorney who represents individuals in lawsuits against companies in the ARM industry, has filed a lawsuit of his own, accusing a company of false advertising by making it appear to be run by attorneys.
Lemberg filed his suit in District Court for the District of Connecticut last week. A copy of the suit in Lemberg v. eGeneration Marketing, Christopher Iannella, and Daniel Mummolo can be accessed here.
The marketing company, eGeneration, is the owner of www.stopcollections.org, which says THIS IS AN ATTORNEY ADVERTISEMENT – Not an Attorney Referral Service at the bottom of its website.
Lemberg is accusing the defendant of violating the Lanham Act, a trademark law that prohibits false advertising, and unfair and deceptive acts and practices under the Connecticut Unfair Trade Practices Act.
The defendant “is not a law firm but nonetheless holds itself out … as a provider of legal services in connection with [Fair Debt Collection Practices Act] claims,” Lemberg accused in his suit.
The disclaimer at the bottom of the website is not enough for the company to get by on what it’s doing, Lemberg said in a published report.
“A reasonable viewer of the website who looks at everything — including the language and the visuals — would, at the minimum, be confused and likely led to believe that these folks will be providing legal services themselves,” Lemberg said. “That is not the case. It takes a lot to be a lawyer, and when you advertise online like this, you are competing against real lawyers. They are, in effect, taking away a percentage of the viewership of people who are searching for these kinds of services from real lawyers.”
Lemberg says in his complaint that he was approached by the company in December to participate in the service, but he declined the invitation.
The suit accuses the defendants of taking business away from Lemberg and seeks injunctive relief from any further advertising on Connecticut, where Lemberg is based, and damages.
