Responsibility of host sites

[jhrebik]

What is the name of your state? VA

Last year the state filed a criminal case on my behalf against an illegitimate plumbing contractor. (Facts brought forth in the case showed that he was falsely doing business under the name of another legitmate licensed contractor). The defendant failed to appear, and a warrant was issued for his arrest. He disappeared and has not been found to own any significant assets which could be levied to compensate for damages in a civil suit. (Physical damages to property totaled $10,000, deposit lost of $5,000, loss of rent $2,600, losses on sale of property, $40,000).

This "business" was advertised on a legitimate web site who offers their own "yellow pages" for "sponsored businesses". Despite reading of CDA section 230 used to defend EBay in Gentry v. EBay, are there any statutes which hold internet providers/hosts responsible for fraudulent paying advertisers? If so, isn't proximate cause for negligence applicable?

 

[stephenk]

how did the host site putting up the yellow page ad become a proximate cause of negligence? A neutral directory has no obligation to make sure the person submitting the yellow page ad is telling the truth, that is your duty.

Before hiring the plumber did you check his background, license information, and insurance information?

 

[jhrebik]

Precisely the question I am asking. Is there no obligation of an advertising stie, internet or not, to qualifiy the credentials of their advertisors? If no, then that is the end of this route. If no, then there is also a widespread existense of false advertising being promoted through many reputable sources. Should not the venues of advertisement take into accord the companies they represent as being truthful and ligitimate???? Or is that soley the responsibility of the consumer?

As far as being a "neutral directory", this site only promotes those who use their "sponsored" status. One could arguably assume that the internet site promotes such businesses.