Man threaten to report my site to FTC

20 replies
Here is the thing:

i have a review site, let people submit their reviews about products, something like webhostinggeeks.com, today, i got an email from one guy, he said my site filled with "shill", and he'll gonna report my site to FTC if i don't "sort it out".

here is what he said :

PHP Code:
If you knowingly allow shill reviews and present them as honest and
independentespecially where you accept commission payments for new
businessthen you can be fined and can be sued for damages by "any
third party that can show actual or probable loss." 
In this case,
that's any company that appears below the number 1 slot on your site. 
Here is my explanation :

PHP Code:
We are user-contribute siteall reviews generated by real customer,
it can be positive or nagativei don't think they are "shill" 

Any idea????
#ftc #man #report #site #threaten
  • Profile picture of the author mcmahanusa
    Just some bozo trying to coerce or intimidate you. Either he's an idiot with too much time on his hands, or someone with an axe to grind.

    We live in times where anonymous posters feel they can make the vilest threats and get away with it.

    Write him back and tell him if he continues to harass and threaten you that you will report him to the authorities. This would be even more effective if you can find out his name and personalize it. (I'm assuming he did not include his real name in his message to you.)

    You can even include this information:

    James Robert Murphy, 38, of Columbia, South Carolina, was sentenced to 5 years of probation, 500 hours of community service, and more than $12,000 in restitution today for two counts of Use of a Telecommunications Device (the internet) with Intent to Annoy, Abuse, Threaten or Harass.

    Murphy was indicted in April 2004, for sending harassing emails to Seattle resident Joelle Ligon and to other employees of the City of Seattle. He pleaded guilty to two counts in June 2004. In sentencing Murphy, U.S. District Court Judge Thomas Zilly told Murphy he "...did not demonstrate the type of remorse he should under the circumstances."
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    • Profile picture of the author The Dotcom Hippie
      Originally Posted by mcmahanusa View Post

      Just some bozo trying to coerce or intimidate you. Either he's an idiot with too much time on his hands, or someone with an axe to grind.

      We live in times where anonymous posters feel they can make the vilest threats and get away with it.

      Write him back and tell him if he continues to harass and threaten you that you will report him to the authorities. This would be even more effective if you can find out his name and personalize it. (I'm assuming he did not include his real name in his message to you.)

      You can even include this information:

      James Robert Murphy, 38, of Columbia, South Carolina, was sentenced to 5 years of probation, 500 hours of community service, and more than $12,000 in restitution today for two counts of Use of a Telecommunications Device (the internet) with Intent to Annoy, Abuse, Threaten or Harass.

      Murphy was indicted in April 2004, for sending harassing emails to Seattle resident Joelle Ligon and to other employees of the City of Seattle. He pleaded guilty to two counts in June 2004. In sentencing Murphy, U.S. District Court Judge Thomas Zilly told Murphy he "...did not demonstrate the type of remorse he should under the circumstances."
      Nice. I get get some serious bull**** thrown my way from apparently very angry individuals from time to time. Anthing that can help me waste less time on stuff like that is valuable, so thanks.
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      • Profile picture of the author humbledmarket
        Banned
        Originally Posted by The Dotcom Hippie View Post

        Nice. I get get some serious bull**** thrown my way from apparently very angry individuals from time to time. Anthing that can help me waste less time on stuff like that is valuable, so thanks.
        Lol there definitely are a bunch of interesting conversations online to say the least. Thanks for the facts; need to note it down somewhere.
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  • Profile picture of the author tpw
    probably a competitor trying to scare you out of business
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  • Profile picture of the author HeySal
    Make sure your site "terms" explicitly state that all views are those of the contributors and do not necessarily reflect the views of whatever.com

    That should make it clear to anyone that you are not posting "shills" for your own profit.
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  • Profile picture of the author Sheryl Polomka
    Do you have an FTC Disclosure statement on your site? It is probably worth having one just to play it safe.
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by Alex Tam View Post

    Any idea????
    Alex, I think you're running the risk of ending up misleading yourself a little, if you allow/encourage Warriors to comment on this situation without showing your site to the people opining.

    We have no way of knowing (a) whether your site is FTC-compliant, or (b) (perhaps almost as relevant) whether or not it appears to be FTC-compliant.
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  • Profile picture of the author BrianMcLeod
    Complete phooey.

    His causal damages are not appearing in the #1 slot?

    LOL
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  • Profile picture of the author seasoned
    If you DON'T compensate the reviewers in ANY way, and you feel they are reasonable, you have NOTHING to worry about! I wouldn't refer to them in any ads without their consent and WRITTEN notice though.

    If, on the other hand, one of the positive reviews happens to be an AFFILIATE, the FTC MIGHT be "interested".

    Steve
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    • Profile picture of the author Alex Tam
      Originally Posted by mcmahanusa View Post

      Just some bozo trying to coerce or intimidate you. Either he's an idiot with too much time on his hands, or someone with an axe to grind.

      We live in times where anonymous posters feel they can make the vilest threats and get away with it.

      Write him back and tell him if he continues to harass and threaten you that you will report him to the authorities. This would be even more effective if you can find out his name and personalize it. (I'm assuming he did not include his real name in his message to you.)

      You can even include this information:

      James Robert Murphy, 38, of Columbia, South Carolina, was sentenced to 5 years of probation, 500 hours of community service, and more than $12,000 in restitution today for two counts of Use of a Telecommunications Device (the internet) with Intent to Annoy, Abuse, Threaten or Harass.

      Murphy was indicted in April 2004, for sending harassing emails to Seattle resident Joelle Ligon and to other employees of the City of Seattle. He pleaded guilty to two counts in June 2004. In sentencing Murphy, U.S. District Court Judge Thomas Zilly told Murphy he "...did not demonstrate the type of remorse he should under the circumstances."
      LOL,thank you very much

      Originally Posted by tpw View Post

      probably a competitor trying to scare you out of business
      should be, thanks

      Originally Posted by HeySal View Post

      Make sure your site "terms" explicitly state that all views are those of the contributors and do not necessarily reflect the views of whatever.com

      That should make it clear to anyone that you are not posting "shills" for your own profit.
      thanks, i will make a clear statement on this

      Originally Posted by Sheryl Polomka View Post

      Do you have an FTC Disclosure statement on your site? It is probably worth having one just to play it safe.
      Thanks ,i'll do it asap

      Originally Posted by Alexa Smith View Post

      Alex, I think you're running the risk of ending up misleading yourself a little, if you allow/encourage Warriors to comment on this situation without showing your site to the people opining.

      We have no way of knowing (a) whether your site is FTC-compliant, or (b) (perhaps almost as relevant) whether or not it appears to be FTC-compliant.
      showing websites to the public is not a good idea to any IMer, thanks.
      my site is just a clone of webhostinggeeks.com, you can check it out

      Originally Posted by seasoned View Post

      If you DON'T compensate the reviewers in ANY way, and you feel they are reasonable, you have NOTHING to worry about! I wouldn't refer to them in any ads without their consent and WRITTEN notice though.

      If, on the other hand, one of the positive reviews happens to be an AFFILIATE, the FTC MIGHT be "interested".

      Steve
      thanks for your post, to be frank, i don't know which review generated by the customer and which generated by the merchant, it is simply can not do it technically, everyone can post on my site, people can report abuse to me, then i'll take care of it.

      i'm not the first guy to do this, many website generated affiliate commission by reviews, so i think this is legal , and i don't censor nagative reviews, so i don't misleading people for commission
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      • Profile picture of the author Black Hat Cat
        Banned
        Originally Posted by Alex Tam View Post


        showing websites to the public is not a good idea to any IMer, thanks.
        What do you do then, keep your sites hidden in some obscure folder on the server that no one can find, lol? How are people posting reviews to your site if it isn't open to the public?

        my site is just a clone of webhostinggeeks.com, you can check it out
        Ooops.....I guess you just put webhostinggeeks.com out of business then.
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      • Profile picture of the author seasoned
        Originally Posted by Alex Tam View Post

        i'm not the first guy to do this, many website generated affiliate commission by reviews, so i think this is legal , and i don't censor nagative reviews, so i don't misleading people for commission
        Actually, fraud was NEVER legal! SO many slipped through a loophole that the FTC closed it some time ago. NOW, if a person makes ANY contribution to an ad, review, report, and he or she gets anything in return, he or she is supposed to SAY SO! If they don't, and you are audited, and it made you money, etc... you could be fined or WORSE.

        Steve
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        • Profile picture of the author Western Grizzlin'
          I would just not reply to the email whatsoever.

          The last thing you want to do is further incite this individual.

          By my math, the odds of him actually pursuing this isn't worth your time. Save your time & money for the case where there is legal action against you.
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        • Profile picture of the author mcmahanusa
          Originally Posted by seasoned View Post

          Actually, fraud was NEVER legal! SO many slipped through a loophole that the FTC closed it some time ago. NOW, if a person makes ANY contribution to an ad, review, report, and he or she gets anything in return, he or she is supposed to SAY SO! If they don't, and you are audited, and it made you money, etc... you could be fined or WORSE.

          Steve
          This should be relatively easy to control, by implementing certain rules: no anonymous reviews (reviewer must post under actual name); any vested interest must be disclosed by reviewer; disclaimer by web site owner as to his own financial interest, if any. Being honest will never lose you business - on the contrary, it lends you a legitimacy your might not get otherwise.

          These thoughts are just off the top of my head. Others might have other thoughts or contributions.
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  • Profile picture of the author Alex Tam
    one more funny thing, the guy who send me this email submit a fake email to me.lol....
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by Alex Tam View Post

      one more funny thing, the guy who send me this email submit a fake email to me.lol....
      He probably thinks it's not a good idea to give his actual eMail to any IMer.
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      • Profile picture of the author Kay King
        to be frank, i don't know which review generated by the customer and which generated by the merchant, it is simply can not do it technically, everyone can post on my site, people can report abuse to me, then i'll take care of it.
        From your comments it seems you are not FTC compliant at this point. You also appear not to have a disclaimer about the reviews being anonymously posted, posted with pen names, etc. It would be a no-brainer for a product seller to post a glowing review of his own product - and that is shilling.

        You don't say whether the reviews take the form of blog comments or are posted as blog posts with your affiliate link included. You say people can report abuse and you will take care of it - doesn't this email constitute a "report"?

        It may seem overly cautious but I would want to know if I, as the blog owner, could be held responsible for claims made in reviews on my site.

        kay
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        • Profile picture of the author Alexa Smith
          Banned
          Originally Posted by Alex Tam View Post

          showing websites to the public is not a good idea to any IMer, thanks.
          No, I appreciate that, of course. I don't show most of mine, either, to groups of professional marketers. I was (and am) simply stating that in those circumstances you really can't expect Warriors to comment on the very question you've asked us about. A difficult situation indeed. Absolutely no criticism intended - sorry if I came across the wrong way!

          Originally Posted by Kay King View Post

          From your comments it seems you are not FTC compliant at this point. You also appear not to have a disclaimer about the reviews being anonymously posted, posted with pen names, etc. It would be a no-brainer for a product seller to post a glowing review of his own product - and that is shilling.
          This was exactly what I thinking. It's all too easy to be dismissive of something that may indeed be a mere phony attempt to intimidate you, but then again if your site really isn't FTC-compliant, there's clearly an issue there, regardless of the merits of the specific email received and referred to.

          Originally Posted by Kay King View Post

          I would want to know if I, as the blog owner, could be held responsible for claims made in reviews on my site.
          Indeed!
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    • Profile picture of the author peechdogg
      Originally Posted by Alex Tam View Post

      one more funny thing, the guy who send me this email submit a fake email to me.lol....
      I believe that tells you all you need to know...

      It certainly doesn't hurt to have FTC compliance/disclaimers on your site, but this is just some fool with too much time on their hands.... perhaps if THEIR sites were making money for them, they would be too busy to spend time looking for folks to pester.
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    • Profile picture of the author anions
      Originally Posted by Alex Tam View Post

      one more funny thing, the guy who send me this email submit a fake email to me.lol....
      That explains it ... haha

      It's best to have a Terms of service/Disclosure page on your website though that clears you of all liability
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