Lawsuit: Illinois Files suit against online Adoption Agency UPDATED
“The Adoption Network Law Center is based in California, but when someone in Illinois searches “adoption” on the Web, up it pops, right near the top.
“They’re very specific in directing their advertising and marketing to people in Illinois,” says Illinois Attorney General Lisa Madigan, even though they’re not licensed in the state. Illinois prohibits for-profit adoption agencies.
In fact, Madigan notes the group is not licensed anywhere — yet a huge advertising budget means people searching across the country often find it first. With customized ads, the Adoption Network Law Center can even appear local.
Madigan’s office sent a cease and desist letter to a dozen online adoption providers early this year. She says the Adoption Network Law Center was the only one that refused to comply.
“We are going to be very diligent in ensuring that we weed out potentially bad actors and bad operators in the adoption area. It’s very, very disturbing that this agency seems to continue not to believe that the law applies to them,” she says.
The Adoption Network Law Center declined to comment. But in a response to Illinois in March, its lawyer basically said that because its online ads don’t originate in Illinois, it is not bound by Illinois law. The center also cited a 1975 court case that found a state can’t restrict advertising for something that may not be legal there, but is legal elsewhere.
Madigan points out that not all online adoption agencies are bad actors. In fact, a Web-based adoption can hold great appeal for all sides. Birth mothers may want to place a child far away or find a family of a certain religion or race. For prospective parents, a wider, national search may mean they find a child sooner. But adoption experts say some unlicensed operators seem in it for the profit, not the welfare of children and parents.
“It’s a transaction-based approach,” says Joan Jaeger with The Cradle, a traditional adoption agency in Evanston, Ill. “How much is it going to cost? How long is it going to take? Can you do it quicker if I pay you more? We hear that kind of feedback from people calling us saying, ‘Is that really how it works?’ ”
Adam Pertman of the Donaldson Adoption Institute worries about a coercive approach to pregnant women who may be in crisis, unsure what to do.
“And she sees an ad on the Internet: Come fly to California, we’ll give you free housing, a swimming pool, we’ll take great care of you and we’ll help you make that decision,” he says.
Of course, banning targeted ads in one state won’t keep such online agencies from operating, which is why — if Illinois’ lawsuit succeeds — Pertman hopes other states will follow its lead.”
Illinois Files Suit Against Online Adoption Agency
[NPR October 29, 2013 byJennifer Ludden]
REFORM Puzzle Piece
Update:“Adoption Network Law Center (ANLC), a professional law corporation that helps build families through adoption, announced today that it has entered into a Consent Decree amicably resolving all issues first raised in an October 2013 Complaint filed by the Illinois Attorney General and the Illinois Department of Children and Family Services (DCFS).
After Illinois officials conducted a due diligence review of ANLC’s practices and policies, it was agreed that ANLC could continue providing its services to Adopting Parents in Illinois so long as ANLC formally registered with the DCFS as an out-of-state law corporation. Under the Consent Decree, ANLC will continue abiding by Illinois law in providing services that may result in the placement of a child from another state into Illinois.
As noted in the Consent Decree, not only did ANLC fully cooperate in the State’s due diligence review by promptly providing all information and evidence requested, but all parties agreed that resolving this dispute short of litigation was in everyone’s best interests. The Consent Decree further notes that ANLC denied all allegations in the State’s complaint, and that each party agreed to no findings of fault, liability or wrongdoing.
“We are very pleased to have reached a fair and reasonable agreement with the Illinois Department of Children and Family Services and with Attorney General Lisa Madigan. We look forward to continuing our efforts of providing professional and nurturing adoption assistance to Adopting Parents in Illinois,” said Kristin A.F. Yellin, ANLC’s Chief Legal Counsel”
Adoption Network Law Center Resolves Illinois Lawsuit[Digital Journal 7/11/14]
I have not seen Madigan upload the complaint online anywhere but it’s not just this one agency, snookums! Or this one search engine.
The press I read about this lawsuit, one thing that is missing is an understanding about how PAPs chose an agency. It’s not just from a google ad algorithm.
It’s also blogging and word of mouth and church referrals. I still think some people actually get a paper copy of the yellow pages on their door step from their phone provider as antiquated as that might seem. Or they might subscribe to a paper based adoption periodical.
For example, I was reading about Bridgegate the other day in a NJ newspaper as I reclined in my IL home. Right there in front of me was a paid ad for a Florida agency.
Illegal to advertise in IL if you are not an IL licensed not for profit agency. But is google customized ads all that custom? Does google recognize an IP address and put the brakes on an ad an IL resident isn’t supposed to see? My wild guess says the code is not that sophisticated.
It may be a defense that it’s the search engine can’t tell where everyone in the world is siting when they hop online too. Facebook is equally guilty of seeing a user type “adoption” and rolling out selected paid ads on the side bar. I could be writing about adopting a dog and I’ll see a FB ad for an agency not licensed in IL.
Just spit balling here but it would help if Lisa uploaded legal documents.