How Does "Girls Gone Wild" pull Off Continuity?

by The Oilman

Posted: 14 years ago 24 replies

INTERNET MARKETING

I am kind of wondering where to get the skinny on continuity

There is forced continuity, where its part of the offer (IE - Satellite, Magazine Subscriptions, etc.)

Then there is the optional where it is a checkbox, either pre-checked or not checked (optional).

I've heard that pre-checked is bad and is not liked, however, I still find it better (and less shady) than the whole small text thing where its small text on a bigger offer.... where you buy one thing and another recurring charge is secretly bundled in.

Where can I get the skinny on all of this?

I was just checking out Girls Gone Wild. because I know they got into some trouble at one point... and sure enough., they are still shady: You go to get one video and in small text it says "Monthly Program":

https://shopping.girlsgonewild.com/

Right under 9.99.. How do they pull this off?

What they do is you buy the DVD for 9.99 and then they autoship you a DVD each month at 19.97 + shipping.

How is this not illegal?

Does Girls Gone Wild have so much power they can do that?

I am typing this on a tiny hotel room so bear with me.

But what I am confused about is that --- how are they not getting into trouble for this rather deceptive offer with the new FTC rules?

Unlike a magazine subscription, the buyer doesn't really realize they are being enrolled into a continuity program. And unlike a semi-forced continuity program (pre checked box), they do not have the option to bail.

MOST people will not see that small text..

So I am just wondering -- how is this legal?

I'd never sleep at night doing this, but I do want to do continuity and be able to not get into trouble... where can I find all the latest rules on it..?

PS - Please only respond if you know what you are talking about. I get sick of doomsayers on this forum, high-falutin' on what can and can't be done. I need someone to tell me the straight sauce here.

#continuity #girls gone wild #pull

Money on the Side 14 years ago
This is what the FTC said last year during the big forced continuity program crackdown:

The FTC has recently published guidelines regarding “Negative Option” enrollment programs and is taking a very aggressive position against merchants utilizing/employing this business practice. Recommendations take in part from the FTC’s website may include but are not limited to the following:
- Material terms should be disclosed in a clear, concise manner. Unnecessarily long or inconsistent terms are viewed as an attempt to mislead the consumer.
- Terms should be disclosed in a conspicuous manner, clearly placed and labeled on websites in a location that indicates the importance and relevance to the transaction. Fonts and colors must be easy to view.
- Material terms must be disclosed prior to completion of the transaction and before a financial obligation is incurred by the consumer.
- Customers must provide affirmative consent to any offer, examples include a mandatory “I Agree…” statement checkbox, where the customer is acknowledging the Terms and Conditions of the offer and consents to be entered into continuity program as a result of completing the transaction. Pre-checked boxes do not qualify as affirmative consent.
- Merchants must not discourage or make difficult in any way the disclosed cancellation procedures and all cancellation requests must be honored in accordance with the stated terms of the transaction.
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edlewis 14 years ago

My guess is, they have really good lawyers.

The other thing is that I'm going to guess that with their target audience, alot of them actually LIKE being enrolled in the monthly program and getting a new DVD every month.

Personally, I don't see it as all that deceptive.

First off, they have a link you can click on on the first order page that says "Monthly Program - click for details"....when you click on it the program is explained.

Then when you check out, there is a box that says "30 Day Money Back Guarantee" & where you select your shipping method. Again, the program about being sent a new DVD every month and being re-billed is explained in full.

I don't see how this is deceptive unless the customer is willfully ignorant or simply just not paying attention - many of them probably aren't.

I realize they have gotten into trouble in the past, but I don't know exactly what portion of their re-billing that was pertaining to. It could have had to do with the ease of cancellation.

But, in this instance, I don't see how this is deceptive. Too many people these days just don't pay attention...

Just one man's opinion.
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tecHead 14 years ago

I don't know; its kind of hard, (IMHO), to miss the monthly program more details text. There's sufficient white space around the text and link to make it pretty apparent.

The link given opens a sub-window giving full disclosure of the offer.

Then again on the checkout page, under 30 Day Money Back Guarantee! the full disclosure of the transaction is typed out in detail.

I don't see how this can be construed as deceptive. <shrug>

As for where to get the latest legal information about how to implement something like this without the worry of litigation... your best bet would be to consult a lawyer.

HTH
PLP,
tecHead
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Matt.Lake 14 years ago

They also re-state the continuity element on the checkout page... even if it is in a small font. So it is more than just that little link under the price.

It looks like they are complying with the FTC rules... just very much on the border line.

So they're not actually doing anything wrong.
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Zach Booker 14 years ago

This is all they need legally:

This is where re-bills also put their continuity, etc, charges now usually.

... On a side note the FTC has been slapping out fines so insignificant no one looks twice about making their billing more "transparent"... girls gone wild is no exception.

Cheers,

Zach
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- Tom B Banned 14 years ago
  
  They did get stung previously by the FTC.
  
  Sellers of ‘Girls Gone Wild’ Videos to Pay $1.1 Million to Settle Charges of Unauthorized Shipping and Billing
  
  I would imagine the slap on the wrist was small compared to the amount of money they made.
  
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The Oilman 14 years ago

Thanks for the feedback guys. So are prechecked boxes completely illegal, even if the terms are clearly stated?
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- tecHead 14 years ago
  
  Originally Posted by The Oilman
  
  Thanks for the feedback guys. So are prechecked boxes completely illegal, even if the terms are clearly stated?
  
  I don't know about illegal, (consult a lawyer). I know it might get you in trouble should someone complain; as it might be argued that you're giving the illusion of choice but taking that choice away by pre-checking the choice box.
  
  Doing it that way would also mean extra coding; which drives your development costs up, as well.
  
  HTH
  PLP,
  tecHead
  
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Brad Gosse 14 years ago

Adult companies have all the best tools for this kind of stuff.

Caribbean merchant accounts with relaxed policies about cross selling is just one of them
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matty-81 14 years ago

[DELETED]

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- Kevin AKA Hubcap 14 years ago
  
  Another thing about GGW. Their DVD's are certaintly not shining pieces of cinematic excellence but they sell... and in huge numbers.
  
  Give the people what they want.
  
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The Oilman 14 years ago

Guys

This is what I have :

Imageshack - vipl.jpg

I've whited out my product.

Do you think its ... illegal?
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- Kevin AKA Hubcap 14 years ago
  
  Don't ask us. You're only going to get shades of gray.
  
  Ask an attorney for a more informed opinion if you think it might be close to the line.
  
  Thanks
  
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- Lance K 14 years ago
  
  Originally Posted by The Oilman
  
  Guys
  
  This is what I have :
  
  Imageshack - vipl.jpg
  
  I've whited out my product.
  
  Do you think its ... illegal?
  
  You do see the problem in your question don't you?
  
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- CDarklock 14 years ago
  
  Originally Posted by The Oilman
  
  Do you think its ... illegal?
  
  I can't really have an opinion on that, because I'm not an expert on the laws related to continuity programs.
  
  I can say that I don't think it's unethical, and I don't think it's immoral, and I wouldn't be mad at you if this was on the checkout page when I bought your product.
  
  Thanks
  
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The Oilman 14 years ago

Hmm.

Ok.

Well where is the best way to go study great continuity programs where people are not surfin' the gray line? Maybe I check out clickbank?
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- Kevin AKA Hubcap 14 years ago
  
  I think you misunderstood me.
  
  I don't know if you're pushing the line or not but you asked if we thought the way you had your continuity structured was illegal.
  
  I'm not a lawyer and I'd guess that most of the people who answered aren't either so taking our advice might put you in a tenuous situation if you think your offer is structured illegally.
  
  That's why I think you should ask a lawyer--to get proper legal advice.
  
  Kevin
  
  Thanks
  
  1 reply
  
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  Lance K 14 years ago
  
  My guess is that most of the people who buy GGW videos would welcome a new one each month.
  
  Thanks
  
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Online Bliss 14 years ago

I would imagine the slap on the wrist was small compared to the amount of money they made.

Publicity and fame is worth a fine.
Remember back when H. Stern and other Radio broadcasters & stations would rather
have the publicity even knowing they would be fined.

Bad publicity and a fine is not so good. (think BP)
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sbucciarel

Banned 14 years ago

Originally Posted by The Oilman

I was just checking out Girls Gone Wild. because I know they got into some trouble at one point... and sure enough., they are still shady: You go to get one video and in small text it says "Monthly Program":

Right under 9.99.. How do they pull this off?

What they do is you buy the DVD for 9.99 and then they autoship you a DVD each month at 19.97 + shipping.

How is this not illegal?

Why would it be illegal? You saw it didn't you? If you saw it, how is that deceptive?

I got burned by a continuity program and never saw it coming. Looked everywhere and all I could find was Free Trial. That free trial cost me $300 and I had to cancel my credit card to get rid of them.

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lacraiger 14 years ago

make sure you always read the fine print....
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TimG 14 years ago

The reason they are able to get away with it is probably due to two very specific reasons:

1 - They people that bought the first video are probably more than happy to receive more videos

2 - The people that bought the first video probably aren't going to admit they bought the first video so any issues they have with the forced continuity are quietly resolved.

Respectfully,
Tim
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- TheNightOwl 14 years ago
  
  How Does "Girls Gone Wild" pull Off Continuity?
  
  Fnar, fnar... :p
  
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How Does "Girls Gone Wild" pull Off Continuity?

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