Lesson Ten the Influence of Advertising
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Supple Brief
No. 13-55943 In the United States Court of Appeals for the Ninth Circuit ____________________________ ARLEEN CABRAL, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. SUPPLE, LLC, Defendant-Appellee. ____________________________ On Appeal from the United States District Court for the Central District of California _________________________________________________________ BRIEF FOR PLAINTIFF-APPELLEE ARLEEN CABRAL _________________________________________________________ Gillian Wade Deepak Gupta MILSTEIN ADELMAN LLP Peter Conti-Brown 2800 Donald Douglas Loop North GUPTA BECK PLLC Santa Monica, CA 90405 1625 Massachusetts Avenue, NW (310) 396-9600 Suite 500 Washington, DC 20036 (202) 888-1741 Counsel for Plaintiff-Appellee Arleen Cabral TABLE OF CONTENTS Table of Authorities .................................................................................................. iii Introduction ............................................................................................................... 1 Jurisdictional Statement ............................................................................................ 2 Statement of the Issues .............................................................................................. 2 Statement of the Facts and of the Case ..................................................................... 4 I. Factual background ......................................................................................... 5 A. Joint pain afflicts millions of Americans. -
Cybercrimes Prevention Tips
Cybercrimes NATIONAL CRIME PREVENTION COUNCIL What is Cybercrime? growth is critical to crime prevention efforts on protecting A crime committed or facilitated via personal data in public and private the Internet is a cybercrime. sectors. This also helps in the Cybercrime is any criminal activity creation of tools and strategies to involving computers and networks. It combat cyber criminals. can range from fraud to unsolicited emails (spam). It can include the Internet connected activities are as distant theft of government or vulnerable to crime and can lead to corporate secrets through criminal victimization as effectively as trespass into remote systems around common physical crimes. The types the globe. Cybercrime incorporates of crimes that are currently anything from downloading illegal occurring have existed long before music files to stealing millions of the Internet was around. By virtue dollars from online bank accounts. of the tools being used today to Cybercrime also includes non-money commit cybercrimes, criminals are offenses, such as creating viruses on now more anonymous and provided other computers or posting with a virtual market of available confidential business information on victims. The responsibility falls on the Internet. individuals to protect themselves and their families through safe Most cybercrimes cannot be placed online practices. into a single crime category, which makes statistical recording of this “In 2011, the annual cost of activity limited at best. The Internet identity theft alone was $37 Crime Complaint Center (IC3) billion dollars….Identity Theft compiles and releases annual reports made up only 9.8 of all on the statistics and cybercrime cybercrime in 2010.” (Gordon M. -
Prohibiting Product Placement and the Use of Characters in Marketing to Children by Professor Angela J. Campbell Georgetown Univ
PROHIBITING PRODUCT PLACEMENT AND THE USE OF CHARACTERS IN MARKETING TO CHILDREN BY PROFESSOR ANGELA J. CAMPBELL1 GEORGETOWN UNIVERSITY LAW CENTER (DRAFT September 7, 2005) 1 Professor Campbell thanks Natalie Smith for her excellent research assistance, Russell Sullivan for pointing out examples of product placements, and David Vladeck, Dale Kunkel, Jennifer Prime, and Marvin Ammori for their helpful suggestions. Introduction..................................................................................................................................... 3 I. Product Placements............................................................................................................. 4 A. The Practice of Product Placement......................................................................... 4 B. The Regulation of Product Placements................................................................. 11 II. Character Marketing......................................................................................................... 16 A. The Practice of Celebrity Spokes-Character Marketing ....................................... 17 B. The Regulation of Spokes-Character Marketing .................................................. 20 1. FCC Regulation of Host-Selling............................................................... 21 2. CARU Guidelines..................................................................................... 22 3. Federal Trade Commission....................................................................... 24 -
Protect Yourself. Don't Be a Victim of Fraud
ROCIC • REGIONAL ORGANIZED CRIME INFORMATION CENTER • www.riss.net Tips to Protect Yourself ►Don’t Be A Victim! ROCIC • REGIONAL ORGANIZED CRIME INFORMATION CENTER • www.riss.net Protect Yourself • Don’t Be a Victim of Fraud 1 Table of Contents Con Artists and FlimFlams • 3 Bank Examiner • Broken Bottle Scam • Caller ID or Spoofing • C.O.D. Scam • Diversion Burglary • Door-to-Door Solicitor • Fortune Telling Fraud • Handkerchief Switch • Jury Duty Scam • Latin Lotto • Lottery Scams/Foreign Lottery • Lotteries • Pickpocket Diver- sion • Pigeon Drop • Police Follow-Up Scam • Recovery Rooms • Rock in a Box • Sweet- heart Swindle Con • Three-Card-Monte • Toner Rooms • Truck Stop Three-Card-Monte • Yellow Page Advertising Scheme Business and Investment Fraud • 17 Business Fraud • Telemarketing Fraud • Nigerian Letter or 419 Fraud • Advance Fee Schemes • Fake Check Scam • Redemption/Strawman/Bond Fraud • Letter of Credit Fraud • Prime Bank Note Fraud • Ponzi Schemes • Pyramid Schemes • Market Manipula- tion or Pump and Dump Fraud Identity Theft • 29 Fraud Against Senior Citizens • 30 Counterfeit Prescription Fraud • Funeral and Cemetery Fraud • Fraudulent Anti-Aging Products • Reverse Mortgage Fraud • Long Term Care Insurance Fraud Telemarketing Fraud • 36 Automobile Insurance Fraud • 42 Medical and Insurance Fraud • 46 Medical Equipment Fraud • Medicare Fraud • Dental • Medical Identity Scams • False Medical Claims • Discount Cards for Medical Insurance • Obamacare Scams • Medicare Scams • Workers Compensation • Stolen Premiums • Crooked Doctors and Lawyers Travel Industry Fraud • 57 Social Media Fraud • 61 Computer Fraud • 63 Internet Fraud • 65 Internet Auction Fraud • Internet Non-Delivery of Merchandise • Credit Card Fraud • Internet Investment Fraud • Preventing Online Fraud Home Improvement Fraud • 71 REGIONAL ORGANIZED CRIME INFORMATION CENTER • A RISS Center Protect Yourself • Don’t Be a Victim of Fraud 2 Sources of Information Many of the narratives for electronic or Internet fraud came from the FBI website at www.fbi.gov. -
Buying and Selling Online – Fact Sheet – July 2018
FACT SHEET The Fair Trading Act Buying and selling online This fact sheet is designed to give anyone who buys or sells online an understanding of how the Fair Trading Act and Consumer Guarantees Act apply to the transaction. The internet has changed the way consumers purchase When does the Fair Trading Act apply? goods and services, letting them buy anything from The Fair Trading Act applies to online selling when a seller groceries to a flight to Vanuatu at the click of a button. The is in trade. internet has also given sellers new opportunities to widen their reach by having an online shop to complement their Who is in trade? bricks and mortar retail presence, or to do away with bricks The Fair Trading Act’s definition of “trade” is broad. It and mortar retail altogether. defines trade as “any trade, industry, profession, occupation, activity of commerce or undertaking relating to the supply But the internet is not a 'free for all' where anything goes. or acquisition of goods or services.” The Fair Trading Act applies to all traders who advertise or sell to New Zealand consumers online, even if the trader is Whether a person is in trade will depend on the specific based outside of New Zealand. circumstances of the seller and the offer. Many factors can be relevant to whether a person is in trade, including The internet is not a 'free for all' whether they: where anything goes → regularly or habitually offer to sell goods or services online Traders who sell online must also make it clear that they are → make, buy or obtain goods with the intention in trade, so that consumers know they are protected under of selling them the Fair Trading Act and the Consumer Guarantees Act. -
Self-Regulation and Enforcement FTC Update: Senny Boone,Enforcement In-House Counsel, Priorities DMA & Key Cases C
Self-Regulation and Enforcement FTC update: Senny Boone,enforcement In-house Counsel, priorities DMA & key cases C. Lee Peeler, President and CEO, Advertising Self-Regulatory Council (ARSC) OCTOBER 22, 2013 Michael A. Signorelli, Of Counsel, Venable LLP 1 & Social Media • Senny Boone • October 22, 2013 Advancing and Protecting Responsible Data-Driven Marketing Self-Regulation Evolution: From offline “do not mail” & environmental responsibility: 4 million consumers on DMAchoice.org Now: do-not-track; opt-in or opt-out; Big Data; mobile cloud… Scrutiny of privacy policies, online terms & conditions & new technologies prevail. Self-Regulation DMA has an active self-regulatory process—across all marketing channels. -Committee-based. Volunteer practitioners meet to review ongoing ethics cases; volunteers shape DMA Guidelines. -All DMA members must comply with Guidelines; nonmembers are reviewed as well. -Goal is to be accountable and build consumer trust. Self-Regulation Consumer Tools: DMAchoice.org Aboutads.info Consumer help-line Consumer complaint process Self-Regulation Annual Compliance Report: 15,000 consumer contacts per year 300 complaints 50-60 cases Referrals & resolution Suspension Publication—see www.thedma.org/compliance/ Social Media 3 Areas of Concern: 1. General Privacy 2. FTC: Endorsements & Testimonials, dot com disclosures. 3. “Targeting” Social Profiles Social Media Privacy v. Social – A Contradiction Private = concealed Social = public sharing What is the consumer expectation—most posts, tweets, blogs are meant for public… What is private, what should be protected? Social is Not the Wild West Common marketing best practices & rules apply: -Truthfulness, accuracy -Privacy policy on data collection & use -Terms of the offer -Marketing to children -Contests, sweepstakes -Health information -data collection, use & security… Social is Unique Best Opportunity to Build Your Reputation: good or bad Online word-of-mouth #Tweets Likes Blog posts FB friends =Success Social Media FTC is paying attention! See .com Disclosures: 2013. -
A Psychological Account of Consent to Fine Print
University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 5-2014 A Psychological Account of Consent to Fine Print Tess Wilkinson-Ryan University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Behavioral Economics Commons, Cognition and Perception Commons, Consumer Protection Law Commons, Contracts Commons, Law and Economics Commons, Law and Society Commons, Legal History Commons, Other Economics Commons, and the Social Psychology Commons Repository Citation Wilkinson-Ryan, Tess, "A Psychological Account of Consent to Fine Print" (2014). Faculty Scholarship at Penn Law. 1301. https://scholarship.law.upenn.edu/faculty_scholarship/1301 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. E2_WILKINSON-RYAN.DOCX (DO NOT DELETE) 4/10/2014 11:35 AM A Psychological Account of Consent to Fine Print Tess Wilkinson-Ryan ABSTRACT: The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are perceived as serious moral obligations, and yet they must be taken lightly or everyday commerce would be impossible. Most people see consent to boilerplate as less meaningful than consent to negotiated terms, but they nonetheless would hold consumers strictly liable for both. This Essay aims to unpack the beliefs, preferences, assumptions, and biases that constitute our assessments of assent to boilerplate. Research suggests that misgivings about procedural defects in consumer contracting weigh heavily on judgments of contract formation, but play almost no role in judgments of blame for transactional harms. -
Fake TV News: Widespread and Undisclosed
Fake TV News: Widespread and Undisclosed A multimedia report on television newsrooms’ use of material provided by PR firms on behalf of paying clients Diane Farsetta and Daniel Price, Center for Media and Democracy April 6, 2006 Center for Media and Democracy 520 University Ave., Suite 227 Madison, WI 53703 Phone: 608-260-9713 Fax: 608-260-9714 Website: www.prwatch.org Contents News Release - 2 Executive Summary - 4 Introduction - 9 Findings: Video News Releases - 14 Findings: TV Stations - 19 Findings: Corporations - 22 Recommendations - 26 Take Action - 32 Frequently Asked Questions - 33 Appendix A: About This Report - 39 Appendix B: VNRs in Detail - 40 1 News Release Press Advisory: New Report: Fake TV News Widespread and Undisclosed Investigation catches 77 local TV stations presenting corporate PR as real news Groups file complaints urging FCC to take action against deceptive broadcasters WASHINGTON The Center for Media Democracy and Free Press today exposed an epidemic of fake news infiltrating local television broadcasts across country. At a press conference in Washington with FCC Commissioner Jonathan S. Adelstein, the groups called for a crackdown on stations that present corporate-sponsored videos as genuine news to an unsuspecting audience. CMD, which unveiled the results of a 10-month investigation, found scores of local stations slipping commercial “video news releases,” or VNRs, into their regular news programming. The new multimedia report released today includes footage of 36 separate VNRs and their broadcast as “news” by TV stations and networks nationwide, including those in the nation’s biggest markets. The full report -- “Fake TV News: Widespread and Undisclosed” -- is now available complete with VNR and TV station video footage at www.prwatch.org/fakenews/execsummary. -
Johnson (2016A).Pdf (381.8Kb)
Peer Reviewed Proceedings of the 7th Annual Conference Popular Culture Association of Australia and New Zealand (PopCAANZ), Sydney 29 June–1 July, 2016, pp. 98-107. ISBN: 978-0-473-38284-1. © 2016 ROSSER JOHNSON Auckland University of Technology ROSSER JOHNSON Auckland University of Technology Hypercommercial Television: An Introduction ABSTRACT KEYWORDS This paper examines the introduction and spread of hyper- hypercommercialism commercial broadcasting on free-to-air television in New Zealand. commercial speech It begins by defining the key terms and then moves to outline the television circumstances under which such broadcasting developed. Drawing New Zealand on a content analysis of television schedules, the paper will show the marketing rapidity and extent to which networks chose to screen promotional culture hypercommercial television forms with a specific focus on two particular examples of the genre. INTRODUCTION For the purposes of this paper, ‘hypercommercial broadcasting’ simply refers to television programming that is supported by commercial messages over and above standard magazine advertising. Obvious examples include programme sponsorship, product placement and infomercials. More specifically however, the 1990s in New Zealand saw two particular examples of hypercommercial broadcasting that deserve focussed investigation. MAGAZINE/ADVERTORIAL PROGRAMMING Magazine/advertorial programmes are those in which a significant portion of the time is devoted to advertorial promotions of featured goods. In this context ‘advertorial’ refers to infomercial or infomercial-style segments that are integrated into the show. This process can be extremely blatant; infomercial spokespeople (and infomercial excerpts) can be seamlessly integrated into the show. It can also be relatively subtle; presenters and guests can ‘chat’ and 98 Rosser Johnson offer ‘information’ and this is only revealed as an infomercial when the product is advertised at the end of the segment. -
The Boilerplate Puzzle
Michigan Law Review Volume 104 Issue 5 2006 The Boilerplate Puzzle Douglas G. Baird University of Chicago Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Antitrust and Trade Regulation Commons, Consumer Protection Law Commons, and the Contracts Commons Recommended Citation Douglas G. Baird, The Boilerplate Puzzle, 104 MICH. L. REV. 933 (2006). Available at: https://repository.law.umich.edu/mlr/vol104/iss5/5 This Symposium is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE BOILERPLATE PUZZLE * Douglas G. Baird I. ADVANTAGE-TAKING AND BOILERPLATE ................................ 935 II. COLLUSION AND STANDARDIZED TERMS ................................. 940 III. FINE PRINT AND WEAK PATERNALISM .................................... 942 IV. FINE PRINT AND SIGNAL DAMPENING ..................................... 947 CONCLUSION •.................................................................•...................... 950 The warranty that comes with your laptop computer is one of its many product attributes. The laptop has a screen of a particular size. Its micro processors work at a particular speed, and the battery lasts a given amount of time between recharging. The hard drive has a certain capacity and mean time to failure. There is an instruction manual, online technical support (or lack thereof), and software. Then there are the warranties that the seller makes (or does not make) that are also part of the bundle. Just as I know the size of the screen, but nothing about the speed of the microprocessor, I know about some of the warranty terms that come with the computer and remain wholly ignorant of others. -
Jim Masters Personal Contact Numbers Non-Union Primary: 203.464.7498 Email: Ht: 6' 0'' Wt: 162 Lbs
Jim Masters Personal Contact Numbers Non-Union Primary: 203.464.7498 Email: Ht: 6' 0'' Wt: 162 lbs. [email protected] Suit: 40R Shirt: 16-34 Waist: 32 Inseam: 32 Shoe: 10 Eyes: Brown Hair: Brown Vocal Range: Alto HOST - SPOKESPERSON - CORRESPONDENT & REPORTER: BROADCAST TELEVISION SHOWS TV Host - Lifestyle Reporter - Associate The PTV Show on FOX and CW PTV Productions Producer WGBH-TV Channel 2 Boston PBS On-Camera Host - ongoing WGBH Boston PBS TV WNET Thirteen/WLIW 21/NJTV New York & Host/Personality/Spokesperson/Celebrity New York Public Media - WNET/WLIW/NJTV PBS National Interviewer - ongoing CUTV News - Close Up on America's TV Show Host-Correspondent/Reporter ION Television Network nationally. CUTV Inc. Business & Writer TV Host - Spokesperson - Celebrity Connecticut Public Broadcasting Network - Interviewer - Motivational On-Camera Connecticut Public Broadcasting Network- CPTV PBS - CPTV Talent - Show Host CUTV News Radio On-Air Personality/Show Host CUTV News, Inc. News 55 TV News Reporter WLNY-TV New York Arthritis Telethons TV Host WLNY-TV New York Hudson Valley Web TV On-Camera Host & Reporter HVWEBTV Radio Health Net.com National Infomercial Host revDRTV Cancer Awareness TV Show TV Host The American Cancer Society Heritage Falls Telethon TV Host Century Cable TV Connecticut HBO Preview Weekend TV Host Brookhaven Cable TV New York The 10 O'Clock News News Reporter WTWS-TV Hartford/New London, CT Plainfield Racebreak TV Host WTWS-TVHartford,/New London, CT Law And Order - NBC Series Court Officer - Actor NBC -
Beachill, Mark James (2016) How a Black Man Won the Presidency in 2008: the Shifting Meaning of Race in the Political Culture of the USA
Beachill, Mark James (2016) How a Black Man Won the Presidency in 2008: the Shifting Meaning of Race in the Political Culture of the USA. Doctoral thesis, University of Sunderland. Downloaded from: http://sure.sunderland.ac.uk/id/eprint/6819/ Usage guidelines Please refer to the usage guidelines at http://sure.sunderland.ac.uk/policies.html or alternatively contact [email protected]. HOW A BLACK MAN WON THE PRESIDENCY IN 2008: THE SHIFTING MEANING OF RACE IN THE POLITICAL CULTURE OF THE USA MARK JAMES BEACHILL A thesis submitted in partial fulfilment of the requirements of the University of Sunderland for the degree of Doctor of Philosophy September 2016 1 Abstract The US presidential election of 2008 was considered a milestone for blacks and race in the USA. However, despite the considerable attention given to the election, it has not been placed in historical and political context. In particular, contemporary assumptions about the importance of the symbolism of a black president and about how the election tested the racial outlook of whites pervade the literature. Prior vigorously contested ideas such as equality, discrimination and integration were largely unconsidered during the election and with the Obama victory. This research attempts to bring out why race, considered predominantly through representation and identity, raised considerable energies among the electorate, examining the themes of “hope” and “change”, and the online campaign. To establish exactly what the election was reacting to, the thesis attempts a historical reconstruction of race: first, by working through a critique of realignment theory as the predominant academic view of electoral processes, then through an examination of how whiteness figured as a means to resolve class and related conflicts from the late- nineteenth century to the early twentieth century, and finally examining how whiteness was consolidated through post-war suburbanisation.