SMS Issue vs Email Submit Issue?

postmaster · Aug 3, 2013

This is a recent update to an FTC action regarding senders of SMS advertisements of email submit offers.
http://www.ftc.gov/opa/2013/07/revenuepath.shtm

It seems the action was brought on because of the SMS messages, but a lot of detail has been announced regarding the email submit offers themselves.

So I'm wondering what others think about this... Should we stay away from email submits as email marketers??

For Release: 07/29/2013
FTC Acts Against Spam Text and Robocalling Operations
Case Continues FTC Crackdown on "Free Gift Card" Scammers

The Federal Trade Commission has moved to shut down an international network of scammers that sent millions of unwanted text messages to consumers, using the lure of â€œfreeâ€ gift cards and electronics to entice consumers into an elaborate scheme designed to take their money and target them for illegal robocalls.

In its complaint, the FTC alleges that scammers sent unwanted text messages to consumers, many of whom had to pay for receiving the texts. The messages promised consumers free gifts or prizes, including gift cards worth $1,000 to major retailers such as Best Buy, Walmart and Target.

Consumers who clicked on the links in the messages found themselves caught in a confusing and elaborate process that required them to provide sensitive personal information, apply for credit or pay to subscribe to services to get the supposedly â€œfreeâ€ cards. In addition, consumersâ€™ phone numbers were signed up to receive unwanted automated telemarketing calls, also known as robocalls.

This complaint builds on a nationwide sweep conducted by the Commission in March to crack down on scammers who use these spam text messages to deceive consumers.

The FTC complaint names nine defendants who allegedly were involved in various aspects of the operation in violation of the FTC Act and the Telemarketing Sales Rule. It seeks injunctions against the defendants preventing them from continuing their alleged deceptive and unfair practices as well as requiring them to pay monetary relief.

According to the complaint, when consumers followed the links included in the unwanted messages, they were directed to sites that collected a substantial amount of personal information, including in some instances health information, before being allowed to continue toward receiving the supposed gift cards. In many cases, the information was requested under the guise of being shipping information for the supposed gift cards. The Commission alleges that in addition to selling the information for marketing purposes, the defendants also made unwanted automated telemarketing calls to consumers selling products such as home security, satellite television and travel services.

Once consumers entered their personal information, they were directed to another site and told they would have to participate in a number of â€œoffersâ€ to be eligible for their gift card. In some cases, consumers were obligated to sign up for as many as 13 of the offers. These offers frequently included recurring subscriptions for which consumers were required to provide credit card information and pay up front for â€œshipping and handlingâ€ charges. In other cases, they required consumers to submit applications for credit that would be reflected in their credit reports and possibly affect their credit score.

In most, if not all, instances, it would be impossible for a consumer to receive the allegedly â€œfreeâ€ merchandise without spending money, according to the complaint.

The defendants in the case are Acquinity Interactive, LLC, located in Deerfield Beach, Fla.; 7657030 Canada Inc., located in Kirkland, Quebec, and also doing business as Acquinity Interactive; Garry Jonas, an officer of Acquinity Interactive; Revenue Path E-Consulting Pvt Ltd, located in Pune, India; Revenuepath Ltd, registered in Nicosia, Cyprus; Worldwide Commerce Associates, LLC, registered in Las Vegas, Nev., and also doing business as WCA; Sarita Somani, an officer of the Revenue Path defendants and Worldwide Commerce Associates; Firebrand Group S.L., LLC, registered in Las Vegas, Nev.; and Matthew Beucler, an officer of Firebrand.

The Commission vote authorizing the staff to file the complaint was 4-0. The complaint was filed in the U.S. District Court for the Northern District of Illinois.

NOTE: The Commission files a complaint when it has â€œreason to believeâ€ that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.
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DataDogg · Aug 3, 2013

It seems the action was brought on because of the SMS messages, but a lot of detail has been announced regarding the email submit offers themselves.
Click to expand...

It was brought to action because of the messages that were sent. Truth in Advertising. You can send SMS, as long as they're fully opted in and the offers are compliant.

These "scammers" are sending offers that look like 1 thing, but then turn out to be something else or consumers are not receiving their gift cards, prizes, etc.

DKPMO · Aug 3, 2013

The real scammers are the people who concocted ObamaCare

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SMS Issue vs Email Submit Issue?

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