6 Essential Things E-Commerce Businesses Need To Do When Receiving Legal Action
E-commerce businesses can be guilty of making many mistakes, especially when learning the ropes of building your brand, but when there are issues that land a company in hot water, the stress a small e-commerce business can undergo can threaten to derail the entire operation. If an e-commerce business finds itself on the receiving end of legal action, it's important to take a number of critical steps.
Seek Legal Counsel Right Away
The most crucial step is to consult with a qualified lawyer or legal team as they can provide guidance on the specific legal issues involved. There are many lawyers that have a no win no fee clause, and this useful no win no fee explanation can be very handy because you can then understand whether it's worth pursuing not just to regain your trust as an e-commerce provider, but also if it's worth your while financially speaking.
Legal counsel will always provide guidance on the issues involved and advise on the best course of action. Ultimately, attempting to handle legal matters without any professional legal advice could result in a lot of mistakes including damage to your reputation and much more.
Carefully Review the Allegations
Thoroughly reviewing the legal complaints can help you understand the particular legal issues involved. You need to consult with the legal counsel to determine if the claims actually have merit and if there are any valid defenses.
In e-commerce, some of the more common legal issues relate to intellectual property infringement and selling defective products. One of the ways to ensure that you are claiming product liability is by stating warranties, return policies, and these small things that matter hugely.
Understand Your Position and Protect Your Reputation
Understanding your position and taking the appropriate steps to protect your interests is critical. Businesses can be on the receiving end of legal problems in terms of trademark infringements, for example, if you use a number of words not allowed in business name practices, or there is a likelihood of customer confusion between your name and their trademark in relation to the goods or services offered, this can be pretty problematic. You may very well need to rebrand and change your business name to avoid further legal action. You need to ensure that you are aware if another party has a valid registered trademark that you are infringing upon and assess if your business name is truly appropriate or if the other party's claim is unfounded.
Additionally, if you receive a cease and desist letter demanding that you stop using your business name due to something like inappropriate language or a similar reason, you should not ignore it. You need to respond promptly and understand your options through legal counsel. If you believe the claim is unfounded, you can choose to challenge it and continue using your business name; however, you need to be prepared to defend your position. If you have registered your business name as a trademark, you may have stronger legal grounds to defend yourself against various claims, but you need to evaluate the merits carefully so you're not just protecting your rights, but also protecting your business and your reputation in the process.
Respond Promptly
Typically, you need to respond to a legal action within a required time frame, which is usually between 20 and 30 days. If you don't respond, this can result in a default judgment against your business, but this is why you need to work with your lawyer to prepare a well-crafted response that addresses the allegations point by point and presents your case effectively.
Gathering Relevant Evidence
When you are looking to support your position in this type of case, you need to gather as much relevant evidence as possible. Depending on the issue itself, you may need to get email correspondence, contracts, invoices, as well as other documentation that can support your position.
When it comes to evidence gathering, it needs to be organized and readily accessible. This can be the most time-consuming part of preparing your case; however, it is the most important.
Implementing Preventative Measures
Action reveals vulnerabilities in your business practices. Now is the time to take steps to address them and prevent these similar issues from arising in the future.
For example, reviewing and updating your terms and conditions or privacy policies, as well as implementing strong security measures on your website, and even employee training if you are hiring others.
It can be very overwhelming if you find yourself on the receiving end of legal proceedings; however, by taking these steps, an e-commerce business can effectively navigate legal challenges and protect its interests.