Monthly Compliance Update, January 2011
Compliance Webinar - 2011 Legal
I TOLD You So! The Restore Online Shoppers' Confidence
My client came to me at one point to have me review a new payment page associated with these offers, and it was at this time I first heard of something called a "forced upsell." Just the name itself was enough to raise suspicions - when dealing with an online offer, or any offer for that matter, the idea that a sale is being "forced" can't be a good thing. What my client presented me was a payment page where a consumer pays for Product A, and in the fine print somewhere below the fold of the webpage appeared language informing the lucky consumer that he was also going to receive Products B and C from other third-party sellers. (Not only that, Products B and C were monthly continuity programs!)
I told my client that this wasn't going to pass muster, but my client came back with the same brilliant rejoinder that I hear from my 11-year old daughter - "but everybody ELSE is doing it!" It was at this point that I realized that a major reckoning was brewing - it was only a matter of time before the FTC and/or Congress intervened on behalf of consumers.
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