Affiliate Marketing And Fake News Reports

internet attorney fake news marketing

Ask your Internet attorney about "news" marketing

As an Internet attorney who conducts website legal audits, here’s an issue that comes up all of the time.

If you believe in a product or service that you’re promoting as an affiliate, can you provide “news” about the product? That’s a question that’s coming back to haunt affiliate marketers.

In April, the FTC filed lawsuits against marketers who claimed to be reporting news about weight loss products that were in fact nothing more than sales pitches containing unverified claims.

According to the FTC, “[m]illions of consumers are being lured to websites that imitate those of reputable news organizations.  The “reporters” on these sites supposedly have done independent evaluations of acai berry supplements, and claim that the products cause major weight loss in a short period of time with no diet or exercise.  In reality the websites are deceptive advertisements placed by third-party or ‘affiliate’ marketers.  The websites are aimed at enticing consumers to buy the featured…weight-loss products.  These fake news operations are the subject of a nationwide law enforcement initiative.”

“Almost everything about these sites is fake,” David Vladeck, director of the FTC’s Bureau of Consumer Protection, said in a statement. “The weight-loss results, the so-called investigations, the reporters, the consumer testimonials, and the attempt to portray an objective journalistic endeavor.” – FTC takes aim at deceptive ads, Minneapolis Star Tribune (May 22, 2011).

When you’re promoting a product or service online for your own business, or as an affiliate marketer, make sure you don’t cross the line into deceptive marketing with tactics like fake news reports or reviews. Your Internet attorney can help you tread through this cyber legal minefield.

Best wishes,

-Mike the Internet Attorney

Filed Under: Federal Trade Commission, Internet Attorney, Internet Marketing, Scams Tagged With: , , , , , , , , ,

Outted by Twitter

internet attorney twitter identity privacy

Talk with your Internet attorney about Twitter privacy

This is significant to your Internet attorney and your business too. Twitter has just revealed the identity of a Twitter user, including his personal contact information.

Here’s what happened…

A local British government sued in California. Twitter caved and gave out the Tweeter’s name and contact information. Twitter  “passed the name, email address and telephone number of a south Tyneside councillor accused of libelling the local authority via a series of anonymous Twitter accounts.” – Twitter unmasks anonymous British user in landmark legal battle, UK Guardian (May 29, 2011)

Now the government is going after him for libel because of the content of his tweets.

If the Tweeter had wanted to protect his identity, he would have had to fly from the U.K. to California, hire a U.S. Internet attorney, and try to convince the court his information should not be released.

If you’ve been defamed in Tweets, this precedent is something to consider. It’s a lot of leverage because Twitter will apparently fold like a cheap suit instead of protecting user identities.

If you are posting content on Twitter under the impression your identity and contact info will be protected, don’t count on it. When in doubt, talk with your Internet attorney before posting something that could land you in legal hot water.

Best wishes,

-Mike the Internet attorney

Filed Under: Internet Attorney, Privacy, Social Media, Social Networking Tagged With: , , , , , , , , ,

$450 Million Internet Scam Exposed

internet attorney online scam

Your Internet attorney can help you avoid this scam

I’d hate to be the Internet attorney defending this case. The U.S. Federal Trade Commission (FTC) has gone after Internet con artists who engaged in deceptive billing practices, used false celebrity endorsements, and a bunch of other misconduct.

The total haul from this scam is supposed to be around $450 million. Here’s how it worked…

You’d be offered a “free” or low-cost trial of some product. Celebrity names would be used to imply they had endorsed the product.

Of course, once you provided your credit card number to pay for the low cost item or for “shipping and handling,” chances are you’d be getting billed $80 or so each month in unauthorized charges too. And good luck trying to get a refund.

Speaking of refunds, when the FTC sued (PDF file) those involved with this scam, it asked the court to freeze assets so that the victims can at least get some partial compensation. We’ll see how much has already been spent or squirreled away where it can’t be touched.

Want to limit your exposure in these online continuity billing scams?

First, if it sounds too good to be true, it probably is. There’s no such thing as a free lunch. If you’re not paying for something on the front end, chances are you’ll be paying more on the back end.

Second, if you want to risk getting one of these “free” or low-cost items, consider using a pre-paid debit card that isn’t tied to a bank account. For example, pick up a $25 pre-paid Visa/MasterCard/Amex card at your local store so that when you order with it, you won’t be hit with large monthly continuity charges and other unauthorized bogus fees.

Of course, talk over your billing practices with your Internet attorney and merchant account provider too.

Best wishes,

-Mike the Internet attorney

Filed Under: CyberCrime, Federal Trade Commission, Internet Attorney, Scams Tagged With: , , , , , , , , ,
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