• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Misrepresentation of free services

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mvandemar

Junior Member
What is the name of your state? Nationwide
The owner of http://www.freewebindex.com/, has links pointing to his website with the anchor text of "Free Web Index Directory". You must pay to get listed in his site.

When asked about this, his reply was "...never said it was free or cheap. The only reference to free is part of the name, which is related to the directory being freely available to visitors.". There are no directories, that I am aware of, that you must pay to visit. There are many directories in which you must pay to list your site in, just as there are many in which you can get listed for free. It is common practice in the webmaster world to label directories that you do not have to pay a fee to get listed in as Free Directories.

Is the owner of that website practicing in false or deceptive advertising, and is he breaking any laws by it?

Thank you.

-Michael
 


mvandemar

Junior Member
Does this pertain to segments usually reserved for advertising? Could I then charge for ads in a newspaper and call them Free Listings, if the newspaper itself was free? Or charge for listings in a phone book and call them free, if I give the phone book away?

Thanks again.

-Michael
 

fairisfair

Senior Member
mvandemar said:
Does this pertain to segments usually reserved for advertising? Could I then charge for ads in a newspaper and call them Free Listings, if the newspaper itself was free? Or charge for listings in a phone book and call them free, if I give the phone book away?

Thanks again.

-Michael
You could call it a free newspaper, and you could call it a free phone book, just like this guy calls his a free directory.
 

mvandemar

Junior Member
By the way, I wasn't trying to be funny when I asked about the otehr sites. Perhaps the newspaper and phonebook were bad examples.

Directories are a way for webmasters to advertise their websites. So...

Would it be a deceptive practice for me to start a business named Free Advertising, that sent out coupons to consumers, charge the businesses to advertise with me, and justify it because the consumers to not pay to view the ads?

Thank you.

-Michael
 

rmet4nzkx

Senior Member
Directories and advertizments are generally free to the public unless stated otherwise, it is the access not the listing that is free in your original example and nothing deceptive about it as you have already been told. Actually it is a good thing for businesses to pay to advertize as it helps keeping incompetent businesses from taking advantage of the public. I would be leary of any business you were promoting since you are ignorant of basic understanding of common business practice.
 

mvandemar

Junior Member
rmet4nzkx said:
since you are ignorant of basic understanding of common business practice.
No need to get nasty. I think my concern was legitimate, because the "Free Web Index Directory" was being advertised as such to other webmasters, the ones who would ultimately be paying. I'm not some lone "don't know crap tinfoil hat wearing" webmaster who was wondering about this, this was a discussion between quite a few people who thought he shouldn't be advertising it as such, and the webmaster who owns the site. In the web industry, among those involved in SEM/SEO, there are 3 general types of directories, Paid Directories, Free Directories, and Reciprocal Directories (where a link back to the directory is enough to waive any fees). It just seemed deceptive when taken in context is all.

-Michael
 

mvandemar

Junior Member
mvandemar said:
So would the same apply if I were to buy www.free-airline-tickets.com or www.free-hotels.com or www.free-beer.com, and advertise them all using the names exactly, and say it's ok because the sites are free to visit?

-Michael
Actually, let me change that a bit if I may, after re-reading it I do see a differance from what I asked, to what I intended to ask.

If I used the name www.free-airline-tickets-website.com, it looks to me like you were saying that would be ok, because I could claim that the "free" was referring to the "airline tickets website", and not to the airline tickets themselves. That is what does not seem right to me.

-Michael
 

mb94

Member
OK, what are the damages. Really. So I go to free-airline-tickets-website thinking it has free tickets but then find out that it is just free to look at. What have I lost? 30 seconds of time? The pipedream that I could fly for free? I my be disappointed but I have not lost anything. I don't even know if it is misrepresentation as much as misunderstanding.

Now, if free-airline-tickets-website had me fill out a form for a free ticket and then, after I used it, sent me a bill for $500 then that is a misrepresentation.

What is your loss as a webmaster because of this free-web-index that actually charges you? No damages=no case.
 

mvandemar

Junior Member
Sorry if my info is way outdated, I'm going on stuff and using terms that I heard about way back when. Are you saying that bait and switch tactics, which is what this looks like to me, or decptive claims, are legal? Remember, he is advertising this as a "Free Web Index Directory" to other webmasters, who would be his clients. It's not just what he happened to name the domain.

My concept of it comes from before the internet when there were only B&M stores, so in order to find out that what was being advertised wasn't being sold you had to actually visit the store, so it may very well be that the damages for an online enterprize such as this it would be much less, due to a much smaller time element involved. My understanding was that the practice itself was the issue, not the damages, based on what I read here:
http://www.ftc.gov/bcp/conline/pubs/buspubs/ad-faqs.htm

-Michael
 

mvandemar

Junior Member
mvandemar said:
Are you saying that bait and switch tactics, which is what this looks like to me, or decptive claims, are legal?
Still wondering about an answer for this one, if anyone knows, or clarification on what would make this different, thanks. :)

-Michael
 

tranquility

Senior Member
I wanted to start a website, but after reading, I'm a little concerned.

www.allthenews.com is the name I wanted, but how can I be sure I'm displaying *all* the news? I mean, unless my URL is an internet address and not an advertisement, wouldn't I get into a lot of trouble?

(P.S. how does google get away with it? Isn't a google a one with a hundered zeros? No way do they have that many entries.)
 

fairisfair

Senior Member
tranquility said:
I wanted to start a website, but after reading, I'm a little concerned.

www.allthenews.com is the name I wanted, but how can I be sure I'm displaying *all* the news? I mean, unless my URL is an internet address and not an advertisement, wouldn't I get into a lot of trouble?

(P.S. how does google get away with it? Isn't a google a one with a hundered zeros? No way do they have that many entries.)
Ah c'mon Tranquility, fess up, you are just like me, you are looking for trouble!!;) :D
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top