Internet

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Where’s the Political Disclaimer?

  When we see political commercials, most of us are used to hearing or seeing a disclaimer at the end of the ad indicating who paid for the advertisement and the name of the candidate who approved the message and is responsible for its content.

So how is it that online at sites like Instagram, where candidates sometimes post these same ads, that the familiar disclaimers are often missing? See for example:


https://instagram.com/p/4PRAtVmhVq
Click Video to Start and STOP it.

The answer can be found in the rules of the Federal Election Commission.

*MOUSE PRINT:

The law requires:

Title 11 – Federal Elections § 110.11 Communications; advertising; disclaimers (2 U.S.C 441d).

(a) Scope. The following communications must include disclaimers, as specified in this section:
…
(2) All public communications, as defined in 11 CFR 100.26, by any person that expressly advocate the election or defeat of a clearly identified candidate.

However, the definition of “public communications” has an exception:

General public political advertising does not include Internet ads, except for communications placed for a fee on another person’s web site.

So, since Instagram for example does not charge people who post pictures and short videos on its website, any ads that appear there fall outside the requirement of having a disclaimer.

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Hotels.com Rewards Readers of Fine Print

  In a twist, an Internet company is rewarding TV viewers who take the time to read the fine print in one of its commercials.

Last month, Hotels.com decided it has high time that TV viewers stopped fast forwarding their DVRs through their commercials. So it created a sweepstakes that required people to pause the recorded program so they could read the rules of the contest including how to enter.

*MOUSE PRINT:


https://www.youtube.com/watch?v=j2NbtHAzNnU

The commercial only ran for a week. During that time, how many people do you think paused the commercial and actually entered the sweepstakes for a free trip?

350.

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Muscling In on Your Pocketbook

  PRNewswire, a respected firm that companies hire to disseminate their press releases, published an unusual one last year with the headline: “ScamOrNotReviews Announces Muscle Xlerator Review for 2014.” The release purportedly was announcing the publication of test results by this consumer group of a pill to help build muscles.

The summary of the release reads as follows:

ScamOrNotReviews, a consumer advocacy group, has announced the release of their 2014 Muscle Xlerator review. The company examines claims made by product manufacturers to ensure their validity, and in the case of Muscle Xlerator, they have found that the manufacturer’s claims are accurate.

ScamOrNotReviews? A consumer advocacy group? Gee, MrConsumer never heard of them. Who are they?

The answer, according to a press release about a different product published the same day, is this:

ScamOrNotReviews is a consumer advocacy group with the goal of testing products for consumers, preventing companies from successfully misleading them with regard to products or services that may be offered. For several years, the review company has helped consumers sift through the many accurate and inaccurate claims made by companies in order to sell a product or service.

Wow, Consumer Reports has competition.

*MOUSE PRINT:

Googling ScamOrNotReviews did not turn up a functioning website for this consumer group, nor any of their reviews. Links in the press releases purportedly to the reviews themselves went to what looked like advertisements for the products. In the case of Muscle Xlerator, it showed a young woman speaking in a heavy Russian (?) accent saying that the product will help build muscle mass. And beneath the videos were links to the websites that sell these products.

The press releases came from a company called AfterHim Media, LLC, a web design and search engine optimization company. Who do they really represent here? The illusive consumer group or the sellers of these products?

As to the product itself, Muscle Xlerator, the website claims that these capsules will “build muscle mass and get ripped quickly.” They offer a $5.95 trial, but in virtually unreadable type in a footnote it says:

*MOUSE PRINT:

If you are satisfied, do nothing and you agree to be charged $89.95. Plus you agree to be enrolled in our Auto-Ship Membership Program and 45 days from your initial order date and every 30 days thereafter, you will be shipped a fresh supply of MuscleXLerator for $89.95, plus $5.95 shipping and handling.