Does this apply to you?

9 replies
Does this apply to you?

"Falsely stating that a product will only be available for
a very limited time, or that it will only be available on
particular terms for a very limited time, in order to elicit an
immediate decision and deprive consumers of sufficient
opportunity or time to make an informed choice."


Here's another one:-

"A trader falsely tells a consumer that prices for new houses
will be increased in 7 days time, in order to pressurise him
into making an immediate decision to buy."


From the Office Of Fair Trading UK:-
http://www.oft.gov.uk/shared_oft/bus...gs/oft1008.pdf

I see so many marketers saying the price will go up tomorrow if you don't buy now! Is this breaking the law?
#apply
  • Profile picture of the author BizBoost
    Originally Posted by Tony Dean View Post

    I see so many marketers saying the price will go up tomorrow if you don't buy now! Is this breaking the law?
    It's certainly unethical if they never intended it to go up. You see, you're entering into a contract, in essence, where the seller is agreeing to buy from you today because your raising your price on everyone else tomorrow. If you don't raise your price, technically, you've breached the contract.

    Fortunately, or unfortunately, no one ever challenges it because they've either decided to keep the product because it's worth it, or they can, in most cases, get a refund.

    We won't really know until someone takes someone else to court.
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  • Profile picture of the author AllanVans
    I really don't like that cause i feel like i am going to be tricked by the person who is selling the product, then when you get it and you go back a week or month later the same offer is still there and that is wrong to people.... to me that method sucks.... and it is dishonest.....
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    • Profile picture of the author tspike
      Agree. Illegal or not, it's unethical. There are ways to express urgency to your customers without being dishonest. This kind of activity hurts everyone in the internet marketing economy because it makes consumers skeptical and distrustful about even legitimate and helpful products.
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  • Profile picture of the author MatthewNeer
    Originally Posted by Tony Dean View Post

    Does this apply to you?

    "Falsely stating that a product will only be available for
    a very limited time, or that it will only be available on
    particular terms for a very limited time, in order to elicit an
    immediate decision and deprive consumers of sufficient
    opportunity or time to make an informed choice."
    Ya know, I see this crap happening all the time and I suppose it works on newbies who don't know any better, and it may increase your conversion rate just a little bit. But to anyone who knows whats up and has even just a few months experience is wise to this BS.

    So you gotta ask yourself, is it really worth it to get that extra subscriber or sale when that new potential customer realizes that they have just been duped into buying some stuff almost against their will? (cause you played on their emotions) This will almost always result in them having a lesser opinion of you or your product.

    IS THAT WORTH IT?

    On the flip side, if people would just hold true to what they say and either jack up the price or take it off the market, there would never be an issue, even if you just raised the price for a few months! Then drop it back down again.

    That is actually an AMAZING strategy because it creates a REAL sense of scarcity and demand in the market place. Why people only say they do these things and NEVER REALLY DO THEM will always baffle the f*ck outta me because in the long run, it makes your bottom line increase.

    Anyways y'all, stay true, stay cool and make that money!

    Love ya all!
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by Tony Dean View Post

    I see so many marketers saying the price will go up tomorrow if you don't buy now! Is this breaking the law?
    I think it is in the UK, Tony. As I understand it, it would appear to be "obtaining a pecuniary advantage by deception" under section 16 of the 1968 Theft Act (as amended by the 1978 and 1996 Acts).

    It may vary from country to country. These things almost always do.

    Possibly the first time, one might be able to deny "intent to deceive", claim "innocent mistake" and get away with it, but if one had done it frequently/regularly that would never wash.

    There are European internet directives about this, too, nowadays.

    I'm guessing it would breach FTC regulations, re the US, also.

    I'm not a lawyer.

    I wouldn't try it, myself (I realise you weren't proposing to, either!), for several other reasons, too - including the fact that I'd expect it to lose me some sales. Many people see through that sort of crap. It may fool some misguided marketers, including perhaps the clients of some people who are pretending to be copywriters: not so many customers, I think. When I'm trying to sell something to someone, the last thing I want them suspecting is that I'm trying to deceive them. :p
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by Alexa Smith View Post

      I'm guessing it would breach FTC regulations, re the US, also.
      Many states have laws, rules and regulations covering sales and sale prices too. So, in the US, it's not just the FTC that sellers need to be familiar with but state laws as well.
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      • Profile picture of the author ExRat
        Hi Tony,

        "Falsely stating that a product will only be available for
        a very limited time, or that it will only be available on
        particular terms for a very limited time, in order to elicit an
        immediate decision and deprive consumers of sufficient
        opportunity or time to make an informed choice."
        Is that from the pdf? I'm not a lawyer or highly qualified in languages but it looks poorly written to me.

        It would be a lot clearer if it said either -

        "Falsely stating that a product will only be available for
        a very limited time, or falsely stating that it will only be available on
        particular terms for a very limited time, in order to elicit an
        immediate decision and deprive consumers of sufficient
        opportunity or time to make an informed choice."


        or

        "Falsely stating that a product will only be available for
        a very limited time or stating genuinely that it will only
        be available on particular terms for a very limited time,
        in order to elicit an immediate decision and deprive consumers
        of sufficient opportunity or time to make an informed choice."
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        • Profile picture of the author Tony Dean
          Originally Posted by ExRat View Post

          Hi Tony,

          Is that from the pdf? I'm not a lawyer or highly qualified in languages but it looks poorly written to me.

          It would be a lot clearer if it said either -

          "Falsely stating that a product will only be available for
          a very limited time, or falsely stating that it will only be available on
          particular terms for a very limited time, in order to elicit an
          immediate decision and deprive consumers of sufficient
          opportunity or time to make an informed choice."


          or

          "Falsely stating that a product will only be available for
          a very limited time or stating genuinely that it will only
          be available on particular terms for a very limited time,
          in order to elicit an immediate decision and deprive consumers
          of sufficient opportunity or time to make an informed choice."
          Yes, that's quoted straight from the pdf and yes it is poorly written, but the intention of the law is the important thing.
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    • Profile picture of the author Tony Dean
      Originally Posted by Alexa Smith View Post

      I think it is in the UK, Tony. As I understand it, it would appear to be "obtaining a pecuniary advantage by deception" under section 16 of the 1968 Theft Act (as amended by the 1978 and 1996 Acts).

      It may vary from country to country. These things almost always do.

      Possibly the first time, one might be able to deny "intent to deceive", claim "innocent mistake" and get away with it, but if one had done it frequently/regularly that would never wash.

      There are European internet directives about this, too, nowadays.

      I'm guessing it would breach FTC regulations, re the US, also.

      I'm not a lawyer.

      I wouldn't try it, myself (I realise you weren't proposing to, either!), for several other reasons, too - including the fact that I'd expect it to lose me some sales. Many people see through that sort of crap. It may fool some misguided marketers, including perhaps the clients of some people who are pretending to be copywriters: not so many customers, I think. When I'm trying to sell something to someone, the last thing I want them suspecting is that I'm trying to deceive them. :p
      Hi Alexa,

      Like the Pussy Cat instead of your mugshot you are using. Not that anything was wrong with your mugshot! But I do like cats, my fave people!
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