Executive Summary: Marketing companies have legal options when competitors try to poach their clients. Florida law allows claims for interference with business relationships (even without a contract) and interference with contractual relationships (where a signed agreement exists). If the conduct is intentional and causes financial harm, it may be actionable. Solid documentation and strong contract language make these cases easier to pursue.
Client poaching happens more often than people admit, and in a competitive industry like marketing, it can get ugly fast. You spend months or years building trust with a client, and then a competitor steps in, offering a slightly lower rate or making misleading claims to lure them away.
It’s frustrating. But depending on how they go about it, it may also be actionable under the law. In Florida and many other states, there are legal claims that apply when another party wrongfully interferes with your business. The two most common are interference with a business relationship and interference with a contractual relationship. Understanding the difference and knowing what it takes to prove either one is key if you’re considering legal action.
What Counts as Interference with a Business Relationship?
Interference with a business relationship happens when a third party intentionally disrupts a relationship you’ve built, even if it’s not under a formal contract. This could apply to long-standing clients who renew monthly, clients who work with you on a project-by-project basis, or warm leads that were close to signing.
To bring this kind of claim, you typically have to prove:
- There was a valid business relationship or a clear prospect of one
- The other company knew about that relationship
- They intentionally interfered
- You suffered financial harm as a result
This doesn’t apply to general competition. Marketing is a competitive business, and clients are free to make decisions. But if the other company uses misrepresentation, confidential information, or coercive tactics, that’s where it crosses the line.
What’s the Difference Between That and Contractual Interference?
The second (and stronger) claim is interference with a contractual relationship. This applies when you have a signed agreement in place and another party intentionally tries to disrupt or terminate it.
To prove this, you generally need to show:
- You had a valid and enforceable contract
- The competitor knew about it
- They took intentional steps to cause a breach or termination
- You lost money because of it
These cases are typically easier to prove than business relationship cases because the contract creates a clear baseline. If someone pressures your client to break a non-compete or skip out early on a retainer agreement, you may have a solid claim.
What Makes These Claims Stronger in Court?
Courts look closely at intent and conduct. Simply competing isn’t enough. You’ll need to show that the other company went beyond fair competition and took deliberate steps to interfere with your client’s decision.
Examples include:
- Lying about your company’s performance or pricing
- Using stolen client lists or confidential information
- Encouraging a client to break an existing contract
- Pretending to be affiliated with your business
- Offering to “buy out” a client’s current contract
The cleaner your documentation—emails, messages, contracts, timelines—the stronger your case.
Steps You Can Take Without Going to Court
Lawsuits aren’t always the first step. Sometimes sending a cease-and-desist letter or letting the other party know you’re aware of their conduct can stop the behavior without legal action. If the interference continues or causes serious harm, filing a formal claim may become necessary.
It’s also worth reviewing your client agreements. Strong non-circumvention, confidentiality, and termination clauses can make these situations easier to deal with and help prevent interference before it starts.
You don’t need to tolerate another company deliberately undermining your relationships. If your business is losing clients due to underhanded tactics from a competitor, you may have options under Florida law.
Cove Law, PA, works with marketing agencies and service businesses to pursue claims for business and contractual interference. If you’re dealing with client poaching or want help reviewing your agreements to prevent it, reach out to discuss what’s possible.
FAQs
1. Can I sue someone for stealing a client if there was no contract?
Possibly. If you had a clear business relationship and the other party intentionally interfered, you may have a claim for interference with a business relationship.
2. What’s the difference between business interference and contractual interference?
Contractual interference involves a signed contract. Business interference applies to relationships that aren’t under a formal contract but still have value and structure.
3. Can a non-compete clause help prevent client poaching?
Yes, but it must be enforceable. Different states have different standards. Review your contracts to ensure they include valid and state-compliant non-compete or non-solicitation clauses.
4. What kind of proof do I need to bring a case?
Emails, messages, call logs, client contracts, and internal notes showing timelines and conduct are all helpful. The more documentation you have, the better.
5. Do I have to go to court, or are there other options?
Not necessarily. A cease-and-desist letter or demand for damages can often resolve the issue without litigation. But if harm continues, court may be the next step.
- Can You Sue Another Marketing Company for Poaching Clients? Here’s What You Need to Know - April 13, 2026
- What Counts as “Prior Express Consent” Under the TCPA Today? - March 17, 2026
- Do You Need a Telemarketing License? Here’s What Triggers the Requirement - February 23, 2026
