Shaun Lee

I've received an email that lead me to Gauher Chaudhry's Blog to read one of his posts. I have the non-Link below, so check it out if you wish to.

So I have a question here, are CPA offers related to acai berries being eliminated and wiped out? What if you had a website promoting acai berries that's generating $10k/month for you (just made this number up), will YOU drop your website?

For your information, I don't have such a website. I'm just curious.

The non-Link to the blog:
http://www.gauherchaudhry.com/who-didnt-see-this-coming/

Kenster

When acai dies, another product will take its place. Nature of the business.

If you have the traffic, you should still be able to monetize similarly.

monsur

Yes ,I also think so

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p2y

Acai won't die, but the shady method of promotions will. The recent lawsuits and investigations from the FTC have nothing to do with the product, but the flogs, fake testimonials, and misleading/deceptive ads.

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Shaun Lee

Which means there is a very low possibility of getting into some serious legal mess?

Robyn8243

It almost sounds like you are hoping someone will tell you to go ahead and not worry about getting into serious legal trouble.

The point of that blog post is that if you are/were using fake blogs, and other shady tactics to promote ANY products (not just ACAI) there is a very real possibility that you will find yourself in legal trouble.

As he pointed out, investigators were taking screen shots of these blogs before the current legal actions were filed...so it is possible that more people will be indicted.

Personally, I would not risk going to jail for any sum of money....but then again, I would not feel right making money by getting people to sign up for free trials with companies that any google search reveals are basically ripping people off...not shipping until trial period ends, not allowing people to cancel, and billing even after cancellation.

Many people focus on ACAI, as if there is something evil about the actual ACAI berry. The issues being raised have almost nothing to do with ACAI....its what some people are doing to cash in on the interest in ACAI that is causing all of these consumer issues.

I have no issues with legitimate free trials, but many of these offers are being made not to introduce people to a new valuable product....but to rip people off right from the start.

The sad thing is that before long, regulation is inevitable, and legitimate companies will no longer be able to use free trials to introduce products that people might actually want.

I continue to see these types of sites every day, and am not at all surprised....everyone believes "it won't happen to them," the FTC and others won't be coming after everyone...not everyone will get caught.

It's that kind of thinking that is the reason there is a huge problem with teenage pregnancy.

The only way to stay out of legal trouble is to not engage in unlawful marketing tactics...fraud is a biggie.

Robyn

Kenster

Even as an affiliate you may get in trouble, particularly if you are doing flogs or fake reviews. You probably won't, but if you are doing volume, you can. But then again, then you probably have your businesses set up in a manner that will spread and isolate the liability.

Acai wont necessarily die because of the outstanding lawsuits, but diet supplements normally go through phases and something 'newer and better' will undoubtedly come along.

p2y

It's hard to say because there really is no legal history of this happening, usually the problem is a shady merchant and innocent affiliates but this time it's mostly the other way around. That's not to say merchant's aren't guilty but the main focus is flogs, fake testimonials, and photoshopped pictures which were all on the hands of affiliates.

In the case of Harpo/Oprah/Dr. Oz they completely bypassed the affiliates and went straight to the merchants, at least for now. The FTC is also on the trail and is going after "google money/kit" offers but so far their focus has been on the merchants, not affiliates.

It is a serious legal matter but don't think that they're going to throw you in a super-max prison for 20 years, the most likely scenario would be that you get sued, pay some fines, and then sign an injunction agreeing to never use those same tactics. Even Frank Kern had to face the wrath of the FTC but he manged to get through it just fine.

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Shaun Lee

Ah so there had been no cases of sued affiliates, yet.

I was wondering if anyone went to jail with Internet Marketing. Well I guess this case can be closed?

bozz723

Every single one of those "Get ripped in four week" sites they have on facebook are promoting acai berry products.


That is probably contributing to it's downfall.

Coaching - $10k Per Month - BH CPA - Combined With WH CPA = Unstoppable. Serious Inquiries Only - FIVE New Spots After Excessive Requests So Hurry.

tmedocianis

Actually, individual affiliates are getting sued! And, to answer your question about jail, Yes. People have been and are facing jail time for Internet Marketing FRAUD! Also, about Oprah only chasing companies, read again, they are going after affiliates also.

In Illinois:
In the third complaint filed today, Madigan sued Amirouche & Norton, LLC and Larby Amirouche, an affiliate marketer that uses Internet search engines, pop-up ads, Web sites, and advertising on social networking sites to drive Internet traffic to suppliers’ Web sites. Madigan’s complaint alleges that the marketer misleads consumers through false advertising and false endorsements. Affiliate marketers like Amirouche & Norton are generally paid by sellers for driving traffic to their sites. The affiliate marketers receive compensation when Internet users click-through to the sellers’ sites and commission for sales resulting from traffic that they route to the sellers’ site.

“We must hold these Internet scammers accountable for their role in a seedy marketing game that steers unsuspecting consumers to online schemes,” Madigan said. “We also need to send a clear message to other marketers and networks in the business of designing misleading, traffic enticing schemes.”


taken from here: http://www.illinoisattorneygeneral.g.../20090819.html

I hear there's more to come.

p2y

Actually Amirouche was more than an affiliate, he was also a merchant with a VERY popular acai offer. Chances are a few here promoted it. And his case is a civil lawsuit, not criminal and it has nothing to do with the Oprah lawsuits filed in New York. So far, nobody who is only an affiliate has faced a lawsuit in regards to acai/oprah/harpo.

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tmedocianis

First of all, it doesn't matter is someone is more than an affiliate, what they're getting in trouble for is BEING an AFFILIATE and doing it wrong, point one. Second, it doesn't matter is they specifically promoted Oprah because it was the greed of promoting Oprah that is getting everyone on the spotlight. What they did was put everyone and every dishonest tactic on the spotlight and even force the FTC to get involved. Third, who would expect these cases to be criminal, come on, please. Civil is the way to go, less burden of proof and more convictions is the way to go. Right. Forth, as for the number of affiliates gonna get it, ask me how many are going to get it? Then, ask me how I know? :-) Fifth, if you want to go and do it, go right ahead, but I hope you're not here trying to convince anyone else to join you. Most people aren't that stupid. Sixth, as for it being in New York, maybe there is one there, but this one is from Chicago.

Chicago — Attorney General Lisa Madigan

ps. and as far as no one affiliate facing Oprah, give it time son it just started. You didn't think this was gonna be quick did you? They want to see how many they can really get, including the dumb new ones.