Important Legal Concerns

[gulmatrix]

Hello Everyone,

Hope your well.

I work in digital marketing and our company runs advertising campaigns, for instance we might offer partners £10 for each lead/signup we get to our webpage regarding new conservatory doors as an example. One client we work with has incentivised this offer to their email list, giving users £1 for each signup. We have found this out as we got alot of bad leads, invalid phone numbers, addresses etc, as people were signing up for the £1 credit they would receive. We have of course close their account with us and terminated any potential payout they could receive.

My question is could i sue this company through the civil courts for this as i understand it is a breach of contract? Further could they be prosecuted for this, however checking the law no-body has been prosecuted for this, which makes me assume this is a civil breach between two businesses not a criminal one? If anyone could provide more clarity on the law in the UK regarding this issue, to help me understand it better i would be grateful. Thank you so much for reading my post and any help you can give would be appreciated. Thanks again.

Regards,

Gul

[R0b]

My question is could i sue this company through the civil courts for this as i understand it is a breach of contract?

Do you have a written contract or a verbal one? If it is a written contract then your starting point is to consult the terms of that contract and see what it says about commission.

You could sue the company but you will need to find a valid cause of action and show that there has been some loss to the company e.g. loss of profits, business sales or contracts, anticipated income etc. and then put a figure on it. If you had to pay each of those signups £1 then that is a loss to the company. If you don't know the losses and would like a court to determine that loss then you could sue them that way but it will cost £10,000 upfront for any fee to issue the claim.

It all comes back to the terms of the contract and if it is actually worth suing that company, taking into account time and resource plus whether they are good for it.