Website Attorney: Are you hiding 18 monkeys in your business?

By | Internet Lawyer | No Comments

Website attorney monkeyThere’s a guy who just got busted at the Mexico City airport trying to smuggle into the country 18 monkeys he had stuffed into socks and wrapped around his waist. Unfortunately, 2 of the monkeys were already dead before they caught the jerk.

Why did he do it?

Greed. There’s a huge black market of people who are willing to pay a lot to keep them as pets.

Unfortunately, as a Website attorney, I see greedy Internet marketers who continue to hide forced continuity programs in a way that would make a monkey smuggler blush. There’s a good deal offered on a product or service. However, the fine print (sometimes in tiny gray or white letters at the bottom of the page) says that ordering automatically enrolls you in an expensive monthly program.

You can make a decent living online without resorting to monkey business. When in doubt, fully disclose the terms of your offer, including continuity programs. If they deliver value, your market will buy.

To your online success!

-Mike the Website attorney

P.S. Part of full disclosure is making sure your eBooks and special reports have the right legal documents in them. To learn more, go to AffiliateDisclaimers.com

Federal Trade Commission and Free Trial Offers

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The U.S. Federal Trade Commission (FTC) is working with Visa and the Better Business Bureau to make consumers aware of deceptive billing practices involving free trial offers. Many Internet marketers selling continuity programs (such as monthly newsletters or memberships) cross the line into unethical or illegal marketing practices that involve free or low cost trial offers. Typically the trial period lasts 14 to 30 days and the consumer is automatically billed after that time unless cancellation occurs.

Some marketers hide the free trial in the sales content with vague language or have the box for the free trial already pre-checked. They hope the Federal Trade Commission doesn’t find out what they’re doing.

In one particularly bad instance in 2009, I saw a marketer use multiple trial offers and hid the last one on the order page below where the credit card info was entered. Unless the client scrolled down and unchecked a box, the continuity trial period kicked in when the order for the main product was made. Another well-known marketer hid his continuity programs terms in the legalese on another page and didn’t even mention it in the sales letter. And of course, there are some unethical Internet marketers who make it impossible to cancel during the trial period because the contact information is wrong (nonexistent phone numbers, e-mails that bounce, etc.).

As the FTC cracks down on deceptive marketing practices based on its guidelines that went into effect on December 1, 2009, Internet marketers should understand that the World Wide Web is being tamed. There are plenty of legal ways to make money online without resorting to deceptive free trial offers such as hidden continuity programs. A good continuity program should be able to stand on its own merits. If you can’t sell a continuity program as an independent product because it lacks value, don’t try to trick clients into paying for it through the use of a free or low cost trial period that results in unwanted continuity billings. This can get you into big trouble with the Federal Trade Commission.

Related Reading: FTC, Visa, and BBB Partner to Educate Consumers About Free Trial Offers and Online Scams

Membership: How to Avoid Internet Credit Card Billing Traps

By | Internet Lawyer | No Comments

forced-continuityIf you get caught up in the buying frenzy of the pre-launch segment of a big info product marketing launch, you may buy an Internet info product without realizing that at the same time you’re committing yourself to monthly recurring charges on your credit card or debit card for a monthly membership. Sometimes the continuity or microcontinuity program is the main product being sold. However, it is common for the membership to be a cleverly disguised “bonus” for the main product or a one-time-offer (OTO) to try the membership for 7 to 30 days for free or at low-cost. Regardless of the particular terms, the goal is to capture your credit card information with the authorization to charge you monthly recurring charges beginning after X number of days.

To be clear, there’s absolutely nothing wrong with doing this if the Internet marketer (1) clearly discloses the continuity program’s price and terms,  (2) offers you something of value, and (3) makes it easy for you to cancel your subscription at any time. The good marketers do this. The sleazy marketers go out of their way to pump out trash using hidden or forced continuity and then make it impossible for you to cancel your membership as they continue to bill you.

What should you do? Research complaints about Internet marketers online before buying from them during a big launch. If there is a past history of fraudulent or deceptive billing practices, don’t buy from them. Ignore the occasional nutcase rant you’ll find from someone who is jealous of a particular marketer’s success. Instead, look for patterns of client service – good and bad – before determining whether you want to enter into a potentially long-term financial commitment involving thousands of dollars of your money.

You should be able to quickly identify those who operate scams misusing Jeff Walker’s product launch formula.

But what should you do if you’re still on the fence after doing your due diligence?

Example: You really want to buy “Village Idiot Facebook Riches” that’s about to be launched but it includes a continuity program. You’ve done your due diligence by researching the village idiot “guru” who is offering the program but the reviews are mixed as to whether the particular marketer provides true client service or bills deceptively.

http://www.youtube.com/watch?v=jNBNqUdqm1E

Possible Solution: Get a pre-paid Visa or Mastercard gift debit card with just enough funds on it to make the initial purchase and perhaps a month of continuity billing. If you like what you see with the continuity/membership, you can either replenish the card with sufficient funds to cover monthly billing or provide the marketer with information for one of your regular credit or debit cards to cover ongoing payments. If you dislike the continuity, you’ve limited your exposure with the gift card. The dishonest Internet marketer who refuses to cancel your subscription shouldn’t be able to bill the gift card beyond the amount on it. In other words, you’ve taken control of the ability to cancel the continuity rather than begging for it to be done by someone who won’t honor their commitments to you as a client.

Hat tip: Tony Blake

Should Affiliate Marketers Be Liable For What They Promote?

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affiliate marketers hanging togetherShady Internet marketers continue to push the envelope when promoting continuity programs. A typical example from last week involves a marketer who wraps himself in his religion* as a way to dupe prospective clients and affiliates into thinking that he’s an honest guy.

This particular marketer is smart but don’t confuse intelligence with ethics. He’s the moral equivalent of a spammer.

What did he do? Read More