Conn. Attorney Claims Marketing Firm Hurts Business With Deceptive Ads
In a federal lawsuit, Sergei Lemberg claims a Massachusetts-based marketing firm has engaged in false advertising leading people to believe it's actually a law firm offering a service.
April 06, 2018 at 03:49 PM
3 minute read
A Wilton-based attorney has filed a federal lawsuit against a marketing company claiming its website contains false advertising that makes it appear to be run by attorneys.
The civil lawsuit, filed Wednesday in U.S. District Court in Connecticut by attorney Sergei Lemberg of Lemberg Law, claims the owners of eGenerationMarketing are “engaging in a false, misleading and deceptive advertising campaign, which directly impacts consumers in the Connecticut market, and elsewhere.” Lemberg said a big part of his practice is representing clients in Fair Debt Collection Practices Act cases, and that the Boston marketing firm is taking away business.
The lawsuit notes that §7.2 of the Connecticut Rules of Professional Conduct, which is part of the state bar's Practice Book, says, “Any advertisement or communication made pursuant to this rule shall include the name of at least one lawyer admitted in Connecticut responsible for its content.” The marketing firm cites one Michigan-based attorney.
The bottom of the homepage of eGenerationMarketing's website, www.stopcollections.org, has a disclaimer stating: “This is an attorney advertisement—not an attorney referral service.”
Lemberg said the company's disclaimer is not sufficient.
“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.”
The lawsuit claims the company attracts “unsuspecting consumers to their website, then sells the leads to participating lawyers.”
Lemberg said he was approached by eGenerationMarketing to be a participating attorney in December, but declined. His lawsuit seeks a preliminary injunction enjoining the company from any further advertising in Connecticut. Lemberg is also seeking monetary and punitive damages.
The lawsuit cites violations of the Lanham Act related to false advertising and violations of the Connecticut Unfair Trade Practices Act.
EGenerationMarketing did not have an attorney listed on the lawsuit as of Friday. Company President Christopher Iannella and Chief Executive Officer Daniel Mummolo did not respond to requests for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Publishers Clearing House Settles FTC's Claim of Misleading Consumers Through 'Dark Patterns'
6 minute read
'$10 Million? You Don't Blink at That Anymore': Are Lawyer Billboards Affecting Juries?
6 minute read
2nd Circuit Clips Sovereign Immunity in Copyright Lawsuit Against Government of Wales
4 minute readTrending Stories
- 1Courts Grapple With The Corporate Transparency Act
- 2FTC Chair Lina Khan Sues John Deere Over 'Right to Repair,' Infuriates Successor
- 3‘Facebook’s Descent Into Toxic Masculinity’ Prompts Stanford Professor to Drop Meta as Client
- 4Pa. Superior Court: Sorority's Interview Notes Not Shielded From Discovery in Lawsuit Over Student's Death
- 5Kraken’s Chief Legal Officer Exits, Eyes Role in Trump Administration
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
