Attorney General Madigan Files Suit Against local affiliate marketer

Well if we're like the consumer we should get the AGs to sue you asshole networks ;)

it is the same is it not?

First off, most of the big networks already do this for pubs. I dont let clients in who cant service their customers. I dont let offers in without terms. We also dont let clients grow to big or to fast. With the new round of events i am sure we will further enhance what we allow in and dont.

However there are some offers that dont service the consumer, dont disclose terms, and are out there knowingly decieving consumers. those will get lots of complaints which draws out the AG's/FTC to investigate, but they get run out there a lot (look at emillionaire offers). No one person can regulate the industry, either we all do our parts or we continue to have threads like this, as publishers you can refuse to run offers that appear to violate state, or federal laws,and help push those actors out of our industry, as a network i do this and will continue to do this and refine what we accept, and other networks are doing this as well. There are still others who dont, you as an affiliate have the ability to stamp it out by not supporting them

The Oprah thing is sensationalism they only want 3-5 of the defendants, the rest were for effect. If youre a pub on that list, its really not that bad, unless your name is mentioned in the body of the complaint. If youre just a named defendant, youre there to help hit the headlines.

Oprah sues 50 companies sounds better than Oprah sues 3.
 


But why should we have to? I trust you, Mike. I trust the other networks I run with. Because theyre majors, so to speak. But are you saying we should be second guessing you and your legal team and double checking something when we're led to believe, if it exists on your network, it must be legal, compliant, and OK to run? Where do we draw the line? Are you saying we shouldnt trust your legal team and compliance?

Please don't say "Consult your lawyer" because we all know that's BS. If I consulted a lawyer for the 50 offers I run, with 10-20 new offers being added every week, I'd be losing more than I'm making.

For major networks (like yourselves) I think most pubs are OK in assuming it wouldnt be on your network unless it was approved and monitored by your legal/compliance team. If thats anything from the truth, let me know now.

P.S. So far I'm assuming the subpoenas were issued to a bunch of the lower end shadier networks who were given warnings to stop running specific offers and continued doing them anyway. Most of the majors I've already talked to and theyre in the clear (for now)

I think you should seek legal advice when you feel something isnt right or youre unsure if something can be done. You know whats right, if you test an offer and see the words FREE FREE FREE, then they ask for $50 or claims like Lose 100lbs overnight its probably not legit and can cause problems, it might be best left alone

My and my lawyers opinion of what is acceptable may be different than someone elses opinion.

Everyone has opinions. In the oprah case, if people used news clips of Dr Oz or O, then to me that's public domain and trademark rules dont apply to that content. Someone may view it differently.

Affiliate Summit usually does a legal compliance session. Its probably a good baseline for pubs to learn from and protect themselves. One of the panelist is a Lawyer for the firm representing Oprah so next ASW you might not want to miss it
 
Thanks, Mike - the problem is, you state I should seek advice if I think something isnt right. But how do I know? If an Advertiser claims $2.99 for shipping only, how do you (or pubs) know theyre really charging this? And that you can cancel if you wish and reach a human. Do you go through their sites under an alias and monitor? And am I wrong in assuming your compliance DID all this already so the Advertiser is 100% choice grade A beef?

One of the panelist is a Lawyer for the firm representing Oprah so next ASW you might not want to miss it

I will be there with bells (or handcuffs) on. :xmas-smiley-016:

Bring video cams, I'm gonna be the guy in the audience swearing profusely thru my megaphone.
 
Its election time in IL, the AG needs a big case for re-election, what bigger case than one coupled with Oprah. She obviously converts right?
Who cares about IL? I really don't. Chicago is nice, but very *second city*
Your argument of shouldnt the network protect me, sounds like the consumers who bought Acai or other free trial products who fail to read the terms but wants someone else to watch out for them, as a marketer you have a responsibility to follow laws/regulations/rules/etc... and to protect yourself.
you seem like a reasonably smart person. perhaps you didn't read my post.
If your AM asked you to jump off a bridge to get a higher payout, would you do it?
I think I already said that it happened and I didn't. Again, perhaps you didn't read my post.
 
Thanks, Mike - the problem is, you state I should seek advice if I think something isnt right. But how do I know? If an Advertiser claims $2.99 for shipping only, how do you (or pubs) know theyre really charging this? And that you can cancel if you wish and reach a human. Do you go through their sites under an alias and monitor? And am I wrong in assuming your compliance DID all this already so the Advertiser is 100% choice grade A beef?

I'd like to know the answer to this as well.
 
Seriously we should have seen this coming. First time I hit a lander with a dr oz in the domain and his giant head as the background I knew they were going to get fucked over. These companies and the affiliates knew what they were doing when they made these sites.

Also if anyone has any auto blogs pulling acai articles I recommend you search though the articles for O or Oz. You may not have claimed they endorsed the product but it might be on your site.
 
Thanks, Mike - the problem is, you state I should seek advice if I think something isnt right. But how do I know? If an Advertiser claims $2.99 for shipping only, how do you (or pubs) know theyre really charging this? And that you can cancel if you wish and reach a human. Do you go through their sites under an alias and monitor? And am I wrong in assuming your compliance DID all this already so the Advertiser is 100% choice grade A beef?



I will be there with bells (or handcuffs) on. :xmas-smiley-016:

Bring video cams, I'm gonna be the guy in the audience swearing profusely thru my megaphone.

I dont think a network or publisher can be held responsible for the actions of the advertiser in the above situation.
 
Honestly, everyone that continued using Oprah after being warned repeatedly by Networks, Merchants and Oprah's production company, deserves everything that's coming to them.
 
Everyone has opinions. In the oprah case, if people used news clips of Dr Oz or O, then to me that's public domain and trademark rules dont apply to that content. Someone may view it differently.

One of the more logical things I've heard in this thread. I'm in 100% agreement here, judges and opposing lawyers might not see it the same way but if that's the case ... youtube's shelf life is about to expire.

Kudos to Mike for representing your side of the industry when, lets face it, not a single other network has shown their face in this thread.
 
wtf that would be hella gay if they didn't get sued for that

Jornalism like this has been around forever and sells. Maybe "Kim" is that 1 in 10 million that followed dr oz's advice and actually lost the weight reported...... and then again maybe she didn't. Maybe Harpo gets a piece of every womans world sold so the sensationalism is OK :).
 
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Taken from the TMZ.com website.

The comments are pretty funny though not gonna lie..

Eric
 
31. Someone needs to go after that Video professor..His cds are not free..Got me for over $800.00 dollars before I could catch it..

Posted at 1:39PM on Aug 20th 2009 by The Truth

Haha