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57 Ariz. L. Rev. 1115 (2015)
Legal Obligations of Search Engine Optimization Firms

handle is hein.journals/arz57 and id is 1127 raw text is: THE LEGAL OBLIGATIONS OF SEARCH ENGINE OPTIMIZATION FIRMS Raymundo Reyes* As the Internet becomes increasingly accessible, businesses are focusing more attention on their online presences and regularly hire outside firms to optimize their websites in order to rank higher on Google and gain search engine traffic. A business not familiar with search engines, however, is less equipped to ensure that its search engine optimization firm is using reputable techniques. Not using reputable techniques can result in a search engine penalty, which can range from the webpage's rankings being lowered to the website being removed entirely from the search engine. This Note explores the possible causes of action a business has against a search engine optimization firm that uses nonreputable techniques without the client's consent when it leads to penalty. This Note also proposes reforms that can better protect such businesses. TABLE OF CONTENTS INTRODUCTION ........................................... ...... 1116 I. WHAT EXACTLY IS SEARCH ENGINE OPTIMIZATION? .......... ......... 1118 A. How Search Engine Optimization Can Help Websites Improve Their Visibility Online ..................... ................ 1119 B. Black Hat SEO vs. White Hat SEO........................... 1120 C. Search Engine Penalties .......................... ........1123 II. POTENTIAL CAUSES OF ACTION AGAINST BLACK HAT SEO FIRMS............... 1125 A. Common Law Fraud ............................... ..... 1126 B. Negligent Misrepresentation ......................... ...... 1129 C. Consumer Protection .....................................1132 D. Breach of Contract ..................................... 1134 III. POLICY CHANGE RECOMMENDATIONS ....................... ...... 1135 A. A New Fiduciary Class......................................1136 B. Enacting Digital Marketing Consumer Protection Laws.......................... 1137 * J.D. Candidate, University of Arizona James E. Rogers College of Law, 2016. I would like to thank my family and friends for their strong support. I also want to thank Rachael Peters and Jane Bambauer for their guidance and many revisions. Finally, I would like to thank my mentor and good friend, Daniel Arellano.