Advertising claims
Exposure where campaign claims are alleged to be misleading or unsubstantiated.
Marketing Consultant Professional Indemnity
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Marketing Consultant Professional Indemnity
Professional indemnity for marketing consultants and agencies.
The claim is rarely that a campaign underperformed. It is that a claim in the creative could not be substantiated, that a list was emailed without consent, or that an ad account was mismanaged and budget was spent badly. Australian Consumer Law and the Spam Act do most of the damage, and the client passes that cost back to you.
What is it?
Marketing consultants provide strategy, brand positioning, content, SEO, paid media buying, email and SMS campaigns and marketing automation, frequently with direct access to client advertising accounts and customer lists. There is no registration regime, but the Australian Consumer Law applies to every claim made in the advertising, and the Spam Act 2003 governs electronic direct marketing.
What does marketing consultant professional indemnity cover?
Media buying errors
Losses from budget, targeting or placement mistakes in managed ad accounts.
Data and consent
Claims arising from list handling, consent records and electronic marketing rules.
What affects the cost?
- Fee income and client size
- Media spend under management
- Regulated sectors advised - health, finance, alcohol
- Whether creative claims are substantiated in-house
- Claims history
Worth raising on the call
- Regulated sectors such as health and financial services carry stricter advertising rules.
- Holding client ad account and CRM access raises both PI and cyber exposure.
- Performance guarantees written into your own proposals can create uninsurable liability.
Claims we are commonly asked about
Ad budget spent in two days
A daily cap is entered as a lifetime budget in a client ad account and a month of media spend goes out inside 48 hours with little return. The claim is generally for the wasted spend, and how clearly the mandate and approval process were documented decides the outcome.
SMS sent to a list without consent
A legacy or purchased list is used for an SMS push, complaints follow and the client faces an ACMA enquiry under the Spam Act. Investigation costs, remediation and the client's reputational response typically make up the claim rather than the campaign fee.
Claim in the creative not substantiated
Copy written for a supplement or clinic client asserts a result that cannot be supported, and a regulator or competitor challenges it. Withdrawing the campaign, corrective advertising and legal costs are usually the loss the client passes back.
Worth confirming in the wording
- Worth confirming whether breaches of the Spam Act, the Privacy Act and the Australian Consumer Law are contemplated, and how penalties are treated compared with compensation.
- Worth confirming whether media spend you commit or manage on a client's behalf is covered, since pure financial loss of that kind is commonly restricted or sublimited.
- Worth confirming that holding logins to client ad accounts, CRMs and mailing lists has been disclosed, because that access usually brings cyber exposure with it.
Common questions
Does professional indemnity cover a campaign that underperformed?
Generally not on its own. Underperformance is usually a commercial outcome rather than a breach of professional duty, unless a specific result was promised or a clear error caused the loss. Performance guarantees written into your own proposals can create liability that is difficult or impossible to insure, so they are worth reviewing before they are signed.
Do I need cyber cover as well?
Most agencies and consultants with access to client ad accounts, CRMs and mailing lists consider it. Professional indemnity responds to claims about your services, while cyber responds to your own incident response, downtime and funds lost through payment fraud. Holding client credentials is the trigger that usually makes both relevant.
Do clients require marketing consultants to hold it?
Larger corporate, government and franchise clients commonly specify a professional indemnity limit in the engagement or panel terms, and some also require cyber cover where account access is involved. Smaller direct clients often do not ask. Check the actual contract clause, because retainer agreements sometimes carry higher limits than expected.
What does marketing consultant professional indemnity cost?
It depends on your profile rather than a standard rate. Insurers rate on fee income and client size, media spend under management, whether you advise regulated sectors such as health, finance or alcohol, whether creative claims are substantiated in-house, and claims history. Managing large media budgets generally has the strongest effect.
General information only. Cover, limits and exclusions depend on the PDS, TMD, eligibility, underwriting and the policy terms. See professional indemnity insurance for the wider picture.
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