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Dog Walking Company Sued Over Fine Print

This summer, three New Yorkers sued a California dog walking service, Wag!, for various alleged misleading representations.

Wag! maintains a website and app to allow dog owners to schedule local dog walkers and dog sitters on demand. Thnk of it as an Uber service for pets. The company says walkers go through an extensive vetting process and that each walk is insured and bonded, and they guarantee home insurance of $1,000,000 for “extra peace of mind.” Their website emphasizes “trust and safety” — “we treat your dog just like we’d want ours to be treated.”

Wag insurance
Composite Illustration

The lawsuit, however, points out that contrary to the great care promised, the company’s terms and conditions tries to absolve itself of most responsibility.

*MOUSE PRINT:

The Services includes a marketplace technology platform that connects Pet Care Providers with Pet Owners. We do not provide any pet care services and [we] make no representations or warranties about the quality of dog walking, boarding, sitting, … Wag! does not employ, recommend or endorse Pet Owners or Pet Care Providers, and we are not responsible or liable for the performance or conduct of Pet Owners or Pet Care Providers, whether online or offline. Wag! provides Pet Care Providers with access to third-party vendors that perform background checks and verifications. Wag! itself does not conduct background checks and does not independently verify information in the background checks. Wag! is not responsible or liable in any manner for the background checks. [Emphasis added]

These provisions and others were added recently to the company’s terms and condition statement after the lawsuit was filed.

Despite promises of a million dollars in insurance being provided, in Wag’s prior terms and conditions the company attempted to cap its liability at a mere $500:

*MOUSE PRINT:

IN NO EVENT SHALL WAG!’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

A spokeperson for Wag! released the following statement:

“While we don’t comment on pending litigation, ensuring the safety and security of all those who use the Wag! platform is of utmost importance to us. Every day, thousands of pets are cared for using the Wag! platform. Accidents and incidents are rare, but we know the impact even one can have on the family involved. We are committed to the safety and security of our platform…”

Various media outlets around the country, but particularly in the New York area, have reported unfortunate incidents that have befallen dogs under Wag’s care, including some deaths.

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NBC TODAY Show Caught Up in Diet Pill Scam

NBC’s TODAY Show has innocently gotten caught up in a diet pill scam that Consumer World discovered.

I was recently on a local television station’s website (CBS 19) and saw what might be an interesting story about Kelly Clarkson losing 105 pounds.

CBS 19 ad

Upon clicking the box, you are taken to what looks like the TODAY Show website where the story becomes even more intriguing because of the headline — “Kelly Clarkson Forced to Lose 105 Pounds by NBC Producers.” According to the story, producers of “The Voice” were requiring Clarkson to lose at least 50 pounds and if she did not she would lose her role as head coach on that program per the terms of her contract. Her lawyer was unable to negotiate a compromise.


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Ellen DeGeneres apparently caught wind of the controversy and recommended a particular product to Clarkson to help her lose weight.

The TODAY Show writer of this story then describes her own test of that product. And with that, MrConsumer realized he had been duped. This whole story was really an advertisement for Keto 101 weight loss pills. But why had the TODAY Show become involved with something shady like this?

*MOUSE PRINT:

The answer is, they didn’t. The promoters of these diet pills apparently hijacked the format of the TODAY Show website and created their own phony story using the TODAY logo. The URL (Internet address) of the web page was diet.healthy-service.com rather than today.com. In fact, they even changed all the TODAY menu links to their own ordering page.

Pill URL

As with many of these product promotions, there was a long list of phony consumer testimonials near the end followed by a free trial offer of a 30-day supply of these pills. Just pay $4.95 for shipping, they claimed. But the ordering page had its own hidden gotchas.

order form

*MOUSE PRINT:

terms expanded

Only when you expand the offer terms section do you learn you will be charged $89.99 for pills if you don’t cancel during the trial period because you have been enrolled in a membership plan with automatic shipment of refills every month.

As if that is not bad enough, if one looks at the complete terms and conditions section, you learn that although they are sending you 30 days worth of pills, the free trial is only 14 days. And the free trial period begins on the day you place your order and not when you receive it. So it is possible that your free trial period could expire before you even get the product.

*MOUSE PRINT:

terms highlighted

We notified the folks at the TODAY Show about their website being appropriated by these pill pushers. They responded that “the problem is they are very hard to track down… [I’ll] send them to our legal department, so they could get some type of cease and desist action going.”

It should be noted that the above fake TODAY Show web page was just one of four variants that we found, all using similar tactics and slightly different pill names. What’s particularly bold about these fake sites is that they are using the real names and look and feel of actual TV news sites as noted in our main story, rather than made-up names like “Health News Today” as they used to.

Reader beware!

If you have been a victim of one of these look-alike major media sites, please tell us in detail what happened in the comments.

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Cash Back Credit Card Correction;

Group Asks FTC to Investigate Prime Day Promotions

CORRECTION AND UPDATE:

Before our main story, I wanted to advise readers that the PayPal 2% Cashback credit card mentioned here two weeks ago as a good substitute for the Citi Double Cash card which is dropping almost all benefits soon does NOT have the benefits referred to on its website nor as confirmed by its customer service agents with whom I double-checked. That card only has one benefit – ID theft protection — but not extended warranty, price protection, return protection, CDW coverage, lost luggage coverage, etc. contrary to the link from the benefits section of its website states. I apologize to anyone who applied for this card as a result of the recommendation. I will be cutting up my card shortly. Synchrony Bank, the card’s issuer, just provided us with a response that basically says they are going to correct their link:

…we are taking some action to help further clarify the specific benefits of the PayPal Cashback Mastercard when a consumer is looking on the web. Already consumers can see the two key benefits including ID Theft Protection and Microchip technology. Additionally, we plan to post a specific version of the guide to benefits that you can find here.


Last week, Public Citizen, a Washington-based public interest consumer advocacy organization, sent a letter to the FTC asking them to crack down on websites that promote the sale of products from Amazon.com without clearly disclosing when they have a financial incentive to tout those items.

The group pointed out dozens of instances of stories published two weeks ago on popular websites and through social media that spotlighted certain items as great deals during Amazon’s big Prime Day sale. In most cases, the affiliate relationship the publisher had with Amazon was either not disclosed at all or poorly disclosed. (We documented this very issue last December in this story.)

In an affiliate relationship, a publisher or even a person with just a social media presence can earn a small commission on the sale of products if a reader clicks a link from the website or post and actually purchases the item. Under the Federal Trade Commission’s testimonial and endorsement guidelines if there is a financial connection between an endorser and the product being touted, that fact must be clearly disclosed. Similarly under the FTC’s native advertising guidelines when advertising masquerades as editorial content, clear disclosure of a sponsorship relationship must be made.

As one example of what is going on, Public Citizen cited this story from the Today Show website:

Today Show promotion

The story recommended a couple of dozen items as “the best Prime Day deals.” What the reader didn’t know was that NBC had a financial interest in the sale of those items.

*MOUSE PRINT:

Only if the reader clicked the “read more” link (and they would have no particular reason to do so based on the content that was already showing), would they learn NBC’s little secret).

NBC Today Show disclosure

The program makes a small commission if a reader buys any of the items featured through the links provided.

The problem here was that NBC hid that fact instead of openly disclosing it. At least their specific choice of which items to highlight was an independent editorial decision based on merit. This is how Consumer World selects its Bargain of the Week (which very rarely contains an affiliate link).

Last year, we called out ABC and others for an even bigger problem — running entire “deal” segments on their morning shows, where the network was getting a cut of the sale of each item featured, and not clearly disclosing that fact at the beginning of the segment. See our story.