Main

July 24, 2007

New York's Attorney Advertising Rules Held Unconstitutional

There is an important decision about attorney advertising and blogs, from New York, CL&P Blog: New York's Attorney Advertising Rules Held Unconstitutional

The Northern District of New York ruled today that New York's amended rules against attorney advertising are unconstitutional and permanently enjoined enforcement of most of the challenged provisions. The court agreed with Public Citizen's argument that the state had not shown that the rules were necessary to help consumers and were not narrowly tailored to the state's asserted purpose. In fact, the rules restricted truthful advertising that would benefit consumers.

Meanwhile, more state bars are moving toward enhanced restrictions on advertising that are patently unconstitutional. Louisiana and Indiana are both considering new rules that in many ways resemble the rules held unconstitutional in New York. Florida is also considering expanding its already draconian rules to cover websites. And the New Jersey Supreme Court is considering whether the state may constitutionally prohibit attorneys from calling themselves "Super Lawyers." In all these cases, the Federal Trade Commission has opposed the restrictions on speech in the interest of consumers. In the New Jersey case the FTC filed an excellent amicus brief that I think clearly explains how unnecessary advertising restrictions accomplish little other than squelching competition and leading to higher prices.

This is a crucial decision for attorneys in North America; had I practicing in New York, this entire blog could have been deemed to be advertising.

The public wants to hear from lawyers about how to avoid legal entanglements; they want to avoid lawsuits before they happen.

Blog allow attorneys to explain to the public their expertise, without offering legal advice.

For example, of this blog, I am constantly preaching about the need to perform proper due diligence when purchasing a distributorship, franchise or other income generating opportunity. But more than preaching, I try to bring to forefront the legal protections many of these purchasers have -legal protections that they don't realize that exists for them.

Routinely, I will take calls from individuals from the United States who have no idea about the sophisticated legal protection offered to them by the FTC and their own state.

I would not be able to do this if this blog were "advertising". Thanks to the Northern District of New York, even though I am not practicing in New York.

July 22, 2007

Click Fraud and Attorney and Law Firm Internet Marketing

Kevin O'Keefe raises an interesting problem for lawyers who use Adsense or some other, form of internet advertising in his short note,

Click fraud over 20% on lawyers sponsored links

Lawyers buy as many, if not more, sponsored links on Google and Yahoo as any other group. The sponsored links appear when someone does a relevant search, i.e., Yakima injury lawyer, and the lawyer pays the search engine for each click on their link. Good deal, except over 20% of the clicks are from 'clickers,' human or automated computer program, who have no actual interest in the lawyer's services
.

Kevin concludes by saying: "Though Google claims the numbers are lower, a good portion of what you pay as a lawyer for sponsored links goes for click fraud.

Just another reason to use the Internet for word of mouth networking and organic search engine results."

I disagree with the conclusion, there are a number of different ways to address click fraud. First, if you are advertising on the internet as Law Firm, if you don't have a landing page designed to convert interest into action, then it makes no sense to have an ad campaign that is pay for per click, or PPC.

Most if not all legal sites that I have visited do not have a landing page, a page designed to convert interest into sales. By their nature, most legal firms are not going to have such a page. Without an effective landing page there is no point in paying for each visit.

The better marketing strategy would be to use a cost per impression campaign, or CPM, basically billboards for the internet.

In a CPM campaign, you pay for the number of times that your ad is shown, whether or not any action is taken by viewer. You are trying to build brand awareness this way. The general problem with a CPM campaign is trying to judge its effectiveness. You aren't sure if people are visiting your site because of the campaign or despite it.

Adsense will allow you to construct a PPC or CPM ad campaign. One neat way to avoid PPC fraud and achieve a very cheap CPM campaign, is to construct a PPC campaign over the content network, using extremely low bids on popular and relevant search keywords that are also written about. Your ads will then appear on those websites discussing the keywords, but will never appear if someone is Google searching for those keywords. You will still be open to click fraud, but you will have minimized the cost. Since your bids are so low, you can get a lot of impressions on the content networks for very little money.


July 12, 2007

Google Investigated for Adsense Fraud

ACCC alleges misleading and deceptive conduct by Trading Post and Google Now, what is this lawsuit all about? (I have reprinted the entire article for ease of reference.) The suit is very interesting because the ACCC sued both Google and Trading Post.

The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Sydney, against Trading Post Australia Pty Ltd, Google Inc, Google Ireland Limited and Google Australia Pty Ltd alleging misleading and deceptive conduct in relation to sponsored links that appeared on the Google website.

The ACCC is alleging that Trading Post contravened sections 52 and 53(d) of the Trade Practices Act 1974 in 2005 when the business names "Kloster Ford" and "Charlestown Toyota" appeared in the title of Google sponsored links to Trading Post's website. Kloster Ford and Charlestown Toyota are Newcastle car dealerships who compete against Trading Post in automotive sales.

The ACCC is also alleging that Google, by causing the Kloster Ford and Charlestown Toyota links to be published on its website, engaged in misleading and deceptive conduct in breach of section 52 of the Act.

Further, the ACCC is alleging that Google, by failing to adequately distinguish sponsored links from "organic" search results, has engaged and continues to engage in misleading and deceptive conduct in breach of section 52 of the Act.

The ACCC is seeking:

* declarations that Trading Post contravened sections 52 and 53(d) of the Act
* declarations that Google contravened section 52 of the Act
* injunctions restraining Trading Post from representing through sponsored links an association, sponsorship or affiliation with another business where one does not exist
* injunctions restraining Google from publishing sponsored links of advertisers representing an association, sponsorship or affiliation where one does not exist
* injunctions restraining Google from publishing search results that do not expressly distinguish advertisements from organic search results
* orders that Trading Post and Google implement trade practices compliance programs
* an order that Google publish a notice on its website outlining the above, and
* costs.

The matter has been listed for a directions hearing in the Federal Court, Sydney, on 21 August 2007 before Justice Allsop.

This is the first action of its type globally. Whilst Google has faced court action overseas, particularly in the United States, France and Belgium, this generally has been in relation to trademark use. Although the US anti-trust authority the Federal Trade Commission has examined similar issues, the ACCC understands that it is the first regulatory body to seek legal clarification of Google's conduct from a trade practices perspective.

What Trading Post has done is attempt to divert traffic from its competitors -someone looking to purchase an automobile, might look at the sponsored link, and think that Trading Post had some affiliation with or sponsorship from what turns about to be its competitors. It would be as if a Chevrolet commerical contained what looked like an endorsement from Ford.

And while, Google Australia has been quick to defend itself against these allegations, with Rob Shilkin, head of corporate communications & public affairs at Google, issuing the following statement:


Google Australia believes that these claims are without merit and we will defend against them vigorously. They represent an attack on all search engines and the Australian businesses, large and small, who use them to connect with customers throughout the world

I think that there is some merit to the ACCC's position -after all Trading Post is deceiving the consumers about the relationship it has with its competitors and obtaining traffice that might have gone to their competitors website.

But on the other hand, I have some sympathy for Google -how can it effectively review all the competitors of a company? It will be interesting to see how this resolves itself.

June 13, 2007

Google Co-op Increase Search

Lifehacker has good pickup -

Google Co-op: Power-up your custom search engines: "co-op.png

Google Co-op, Google's custom search engine builder, has added an option to beef up your custom searches by letting you including linked-to pages in your custom search.

That is, if you've set up a custom search engine to search Lifehacker, for example, your search can also include the contents of every page we link to. If your goal is to be as specific as possible, it's probably not for you, but if you want to search a trusted site along with the pages that site links to, this looks like a powerful feature addition.

We have added this feature to our custom search engines, which will probably make a good deal of difference on the franchise and consumer searches, since many of those custom searches pull up site with links -links which are now searched.

May 18, 2007

Free iPhones

Michael James Webster

This is a picture of me, being annoyed when I found this ad e-RewardsCenter.net on the site.

I found a number of objectionable features to the ad, which I want to share with you. The ad is misleading, and unless you read the fine print, you may be tempted into giving them privacy details

Here is the site: tg_1

Notice that the ad suggests that the iPhone is free, but to get this "free gift", you also need to do several things:

"To receive the incentive gift you must: 1) Register with valid information; 2) Complete the user survey; and 3) Complete at least two (2) Silver offers, two (2) Gold offers, and eight (8) Platinum offers. Purchase may be required. Please read Terms; Conditions for details. Upon completion of all requirements, we will ship the incentive gift to you with free shipping."

Here is the thing: free is free, no purchase required. This ad is completely misleading.

(In a some sort of cosmic coincidence, Shoemoney is reporting that Value Click is being investigated by the FTC about the misleading nature of these ads. I read his blog from time to time, and tonight after finishing a draft of this entry, I happened to look at Shoemoney's blog. The last time I commented on Shoemoney's blog, about mybloglog, and voiced skepticism about their business model, Yahoo immediately bought out the damn thing!)

May 10, 2007

How Google's Adsense has Innocently enabled Scams and Fraud

One of the unintended consequences of Google's wildly popular adsense program is that a number of websites sincerely aimed at providing consumer protection now carry google ads for scams. How do these webmasters explain why they allow such ads. Here are some sample justifications from these webmasters.

Webmaster 1: In answer to my questions about enabling fraud.

My Question: Given that this site, among others, attempts to educate, warn and advise individuals of bogus opportunities, how appropriate to have Ads byGoooooogle on the site which may lead to bogus, fraud or scams?

Reply: That's why I didn't do it for so long... then I decided to put a warning in plain sight and stop throwing money away. (It's the first time in my life I've put making my mortgage payment ahead of my obsessive-compulsive "value system" and I think I've been a fool for too long.)

My Question: The site has credibility, and it is one of the few consumer sites that I have my blog link to, but I worry about the difference between the message and the ads.

Reply: Three people said it best. Like I said, the thread is gone, but this is the gist of their messages:

"You can't be everybody's mother."

"If they read Scams 101 AND the warnings AND the board and they still get scammed, it isn't your problem; if they didn't click on the scam here, they would have clicked on it somewhere else.

"Do you honestly believe that reputable newspapers and magazines worry for one second about whose ads they're carrying?" (No, they don't. Witness the envelope-stuffing schemes that used to fill a page in T.V. Guide.) (my emphasis)

Webmaster 2: From their FAQ.

"Why are there ads on your site?

The ads are the only source of revenue our Web site has. Without them, it would not exist. Our site is very large and handles a lot of traffic each day. It is very expensive to maintain. We also spend a lot of time (and money) fighting off companies that try to shut us down, sue us or intimidate us into silence.

One of the things that makes our country great is a free press, supported almost entirely by advertising. In totalitarian countries, the government controls the press. Bad news.

I see ads for companies that are criticized on your site. What's that all about?

We don't control which ads appear on our site. They are placed by outside agencies. A crafty consumer understands that ads are not an endorsement, they are paid propaganda. The fact that an ad appears on our site by no means indicates we approve of the product. Same thing's true for an ad in the newspaper, or on television or radio.

We would suggest that you should be worried about whether we have to kowtow to individual advertisers. This would make it tempting to go easy on those who advertise on our site. With our third-party arrangement, we have no contact whatsoever with the companies advertising on our site and could not care less whether they approve or disapprove of what we say about them.

This seems wrong. How can you take money to advertise products you don't approve of?

It's a free country. Companies, even the ones we don't much like, have as much right to advertise as we do to publish our site, just as we have the right to publish critical comments about them. There are government agencies that can and do prosecute companies who make false advertising claims.

I'd rather depend on a government agency for my news.

Fine. We're not the only game in town and don't want to be. Keep in mind that governments publish an "official" version of the news, which tends to be mostly about what a great job the government has done for you today. If you want to believe that, be our guest.

Why don't you get rid of the ads and raise money from foundations and corporations?

Foundations, especially those backed by big companies, want to control the content of Web sites and publications they underwrite. We have sat at tables where big drug companies dictated, line for line, what a not-for-profit agency would say in a publication financed by a supposed "unrestricted educational grant" from the foundation. This goes on every day. We don't trust anything any big not-for-profit organization says. Most of it is corporate propaganda disguised as unbiased truth. This is much worse than advertising, which is at least clearly identified as such.

service. We're not set up to handle written or telephone complaints. We forward the written complaints to the lawyers for their review but at the moment, that's as far as it goes. It would be too labor-intensive and expensive to type them into the database or actually print out a response and mail it. Sorry". (my emphasis)

Webmaster 3: In response to my question.

It hit us on Day 1, when the very first ad that came up in AdSense was a Pure Trust scam. So, we moved the AdSense ads off the front page and to some back pages where at least people would have time to read the warnings before seeing the advertisement, and then we try to make sure they understand that it is an advertisement.

The best that this site can do is to educate and try to teach people what a scam is or isn't. At the end of the day, they will have to choose. I can't tell you how many e-mails we get per week the have the tenor of "I saw your site before I invested, and wished that I had listened to you earlier."

For a financially very small non-profit like [true sponsers of site], raising even minimal money is difficult and AdSense seems to be an easy way to do it. But people are still going to have to look out for themselves, hopefully just a little smarter after reading some of our warnings.

Any ideas or suggestions appreciated; please don't think that we haven't given this any thought. (my emphasis)

Is it futile to complain about scams, frauds and business opportunities when you are indirectly enabling them? And why are there adsense ads on www.bizop.ca?

Very simple.

I want you to click on ads which look like scams or frauds, and report them.
Just that simple.

Click and report. Click and report, repeat until the scam ads vanish from the internet.

January 2, 2007

Dissing Adense?

Brian Clark, a former attorney, and now a fascinating blogger at www.copyblogger.com, has dropped AdSense from his website, dissing it on the way out: "I gave AdSense a shot around here, and I think it sucks and cheapens my blog. It makes me about $200 a month, but I think you're easily worth more than that (although I'm too lazy to remove it from the archives)"

With all due respect, this reminds me of the famous Winston Churchill line:

W.C. "Would you sleep with me for $2 million?"

Famous English Lady "Why certainly, I would."

W.C. "Would you sleep with me for $200?"

Famous English Lady "No, of course not. What sort of woman do you think I am?"

W.C. "Madam, we know what sort of woman you are. We are just negotiating on the price."

So does Brian Clark have a price? (Only kidding.)

Kevin O'Keefe, at LexBlog Blog : Ads on blogs : Dissed again, agrees with Brian Clark and then adds:

"Lawyers who would never post ads on their reception wall run ads on their blogs to pick up twenty bucks a month. Nuts."

How is this different, in principle, from running a blog roll of your clients on your website, Kevin? Wouldn't this also cheapen the reception wall?

Generally, I actually agree with Brian and Kevin's view of AdSense, but for a completely different reason, AdSense may confer a website's authority on any ad which appears. As a result, scummy ads may gain some reputation by appearing on a high authority site.

So why are AdSense, now, running here. Is it because I believe that no reputation can be conferred by bizop.ca?

No, as I has stated on the front page:

Bizop.ca is a law blog about misleading advertising regarding the sale of franchises, business opportunities and network marketing.

But the ads that are placed here are done by Google.

Google AdSense will run any ad that it thinks is appropriate based on syntax.

Some of the ads may be for dubious opportunities.

So if you think that an ad is misleading, tell us in the Discussion Forum.

Tell us why the ad is misleading.

Use your own words.

Help with Bizop.ca's mission of providing quality information by analyzing ads.

Help us help others.

Isn't there some irony in using the ad budget of a scammer as a tool against their proliferation?

Technorati Tags: winston churchill, adsense, blogger, blog, due respect, dissing, madam, lawyers, blogs, brian clark

Navigation

Law Blogs - Blog Top Sites

Google Ads

How to Subscribe

Privacy Policy

Subscribing allows you to be updated with either email or RSS, automatically and without having to return to the site. You will never have concerns about privacy or spam.

Enter your email address:

Delivered by FeedBurner

feed.jpg

Recommendations

These are ads for tools or programs, which I either use daily or are deserving public ads.

Even though I would recommend these tools or programs, I may receive compensation for doing so.

No compensation is received for the public ads.

Mediators Without Borders