Edgar (aka MrConsumer)

Updated every Monday!   Subscribe to free weekly newsletter.

The Windows 10 Upgrade You Can’t “X-out” of

Since last July, Microsoft has encouraged users of earlier versions of Windows to upgrade for free to Windows 10. The company used various techniques to keep reminding users to pull the trigger and authorize the upgrade.

With many millions of users still sticking with their old Windows’ versions, in May, as reported by various tech media, the company changed tactics.

Windows 10 Upgrade
ComputerWorld graphic

*MOUSE PRINT:

While it is bad enough that you are seemingly only given two choices – to upgrade immediately or accept the proposed upgrade date (and in fine print, cancel it) – something more sinister was actually happening. Microsoft changed the longstanding windows convention allowing users to cancel a proposed action merely by clicking the red X in the corner of the popup window. Unbeknownst to users, for this particular screen, clicking that red X not only closed the window but also accepted the proposed update date. And there was no fine print to explain that.

These are tactics more usually seen by purveyors of malware, or by new applications that tuck within their installation screens authorization of adware or other junkware you don’t want or expect.

Finally responding to widespread criticism, Microsoft last week introduced a much clearer option screen so users could opt-out of the Windows 10 upgrade:

Windows 10 Upgrade fix

Remember, July 29th is the last day you can upgrade a previous version of Windows (7 and 8) to Windows 10 for free, which most experts recommend doing. After that, it will cost $119.

Updated every Monday!   Subscribe to free weekly newsletter.

Ticketmaster Settlement Fine Print Trips Up Many

TicketmasterLast week, Ticketmaster began issuing $386 million in vouchers to some 50 million previous ticket buyers as part of a class action settlement. The company had allegedly failed to disclose all the details of the order processing and UPS fees they charged at Ticketmaster.com between 1999 and 2013.

Everyone who bought tickets during this period is being given a $2.25 credit per ticket (for up to 17 tickets) that can be used toward a future show. They are also being given a $5 UPS voucher for each time they used UPS for ticket delivery. The big thing that caught everyone’s attention, however, was receiving a voucher good for two free general admission tickets (up to 17 such vouchers) for certain Live Nation concert events “subject to availability.”

Beneficiaries of the settlement soon began complaining loudly that all the concerts that were being offered where they could redeem their vouchers for free tickets were sold out quickly. And the concerts being offered free were often second-rate, and with none available in 24 states.

How could this happen? Ticketmaster initially only made available $5 million worth of tickets available. Assuming each one had a normal selling price of a mere $25 (a very conservative price), that means only 200,000 tickets were available. And since each person could get a minimum of two free tickets, only 100,000 of the 50 million class members could be satisfied. Ticketmaster quickly added another $5 million worth of tickets to the pool (200,000 free tickets in our example), but those have been all but snapped already too. Now they are promising a new infusion of free tickets.

*MOUSE PRINT:

In fact, according to the actual settlement agreement, after the initial $5 million in free tickets, Ticketmaster only has to provide comparatively few tickets and only for the events of its own choosing.

Live Nation will arrange for at least 100 tickets at each event to be made available to the Class Members free of charge for at least 60% of the events that take place at Live Nation owned or operated amphitheaters.

There is overall only a $42 million minimum expenditure that Ticketmaster has to make during the years of the settlement, and if not enough vouchers are redeemed in any year, they have to pony up more free tickets to make up the difference.

From a practical standpoint, class members should not expect to receive any free tickets to shows, and no more than a couple of bucks off any ticket they actually purchase.

Updated every Monday!   Subscribe to free weekly newsletter.

Lord & Taylor’s Missing Fine Print

Very often the worst type of fine print disclosure is the one that is missing, despite being required to be there. That is what retailer Lord & Taylor did (or failed to do) according to the Federal Trade Commission.

In early 2015, Lord & Taylor was coming out with a new line of clothing aimed at younger women. To help get their attention, the retail chain wisely enlisted the help of 50 “fashion influencers” — hip bloggers and fashion writers with a big following. They were given the same free dress, and paid between $1,000 and $4,000 to post a picture of themselves along with certain hashtags on Instagram.

Instagram dress

*Missing MOUSE PRINT:

Under the FTC’s Testimonial and Endorsement Guidelines, these women failed to disclose the material connection they had to Lord & Taylor, that they received the product for free, and that they were paid to promote the dress and clothing line.

Lord & Taylor didn’t stop there. They paid an online fashion magazine, Nylon, to write an article about the new clothing line, and got to review and approve it before publication.

Nylon magazine

*Missing MOUSE PRINT:

Besides violating the testimonial guidelines by not disclosing that the magazine was paid to write this story, the presentation of the story on Nylon’s website made the story appear just like any other article they publish. This is called “native advertising” when what really is an ad is deliberately made to look like independent editorial content of the publisher. Under the brand new Native Advertising Guidelines of the FTC, this content had to be clearly labeled as a “paid advertisement” or “sponsor paid content” or similar.

Why is the FTC making a big stink about this? First, consumers have a right to know whether what they are reading is an objective, real opinion of an authority on the subject, or just the opinion of the advertiser, to which they might assign less weight or credence. Secondly, disguised advertising works. In the Lord & Taylor case, the fashion influencers’ posts reached 11.4 million individual Instagram users over just two days, and the dress quickly sold out.

In its proposed consent order, the FTC says that going forward Lord & Taylor can’t falsely claim, expressly or by implication that an endorser is an independent user or ordinary consumer. If there is a material connection between the company and an endorser, Lord & Taylor must clearly disclose it in close proximity to the claim. And Lord & Taylor can’t suggest or imply that a paid ad is a statement or opinion from an independent or objective publisher or source.

No fine is being imposed.