“bait and switch”

Predatory Service: A Tale

/ Jack Marshall / 14 Comments

Hardware

Once upon a time in Greater Washington, D.C., there was a family-owned hardware, home remodeling and garden store chain. They were big warehouse stores, and pretty much synonymous with hardware, flowers, lawns, leaky pipes, Sunday shopping excursions, and earnest, if not always rapid, service, for decades. The old chain was pretty much the only game in town too, except for a few small stores scattered around in various town squares.

Then, seemingly over-night, several new, big, warehouse hardware, home remodeling and garden stores appeared across the area. They seemed a little cheaper, but not much; what they had, however, was this fantastic service model. The place was crawling with eager young experts who not only helped you find what you needed, but who also knew how you should build it, cultivate it, paint it, or tear it down. The usual “what the hell am I doing and where is that stuff?” anxiety of a visit to the old hardware chain was replaced by a feeling of confidence and being in the hands of friendly masters of their trade. It was wonderful. Continue reading →

Georgetown Law Center and The Case Of The Double-Crossed Donor

/ Jack Marshall / 25 Comments
Sometimes those naming deals backfire, you know?

Sometimes those naming deals backfire, you know?

Scott K.  Ginsburg, a media mogul who got a J.D. from Georgetown Law Center in 1978, had been wooed by the school’s development team for a major gift when he was riding high, amassing billions in the 1990s. He agreed to contribute some pocket change–five million bucks—to build a new fitness center that would bear his name. The deal was put into writing, and the University issued a cheerful press release. Then, in 1999, shortly after the agreement was reached,  the Securities and Exchange Commission filed suit against Ginsburg, accusing him of passing along inside information to his father and brother. A jury agreed with the SEC, and he was orderedto pay $1 million in fines. After a flurry of appeals, the verdict stuck. (NOTE: In the first version of this post, I implied that this was a criminal case. It wasn’t: this was a regulatory lawsuit, and a civil verdict. A dumb error on my part, and I apologize to readers and Mt. Ginsburg for the misinformation.)

While all of this was going on, the Law Center, understandably, got nervous. Although Ginsburg was not a practicing attorney at the time, law schools don’t like having facilities named after grads who have been found to have violated laws or regulations in high-profile cases. In 2002, then-Georgetown Law Center Dean Judith Areen sent Ginsburg a letter thanking him for his support but also asking to revise the agreement, eliminating the promise of naming rights.  Areen said the school would find some way to “honor your gift without generating negative media coverage.”  Ginsburg, however, refused to sign on. As the years went by and the school continued to promote his gift as enticement to other donors as well as hitting him up for more money, he assumed the Scott K. Ginsburg Health and Fitness Center was under construction. There’s a fitness center, all right, on the GULC campus, but Ginsburg’s name isn’t on it. Now he is suing the Law Center, alleging that it reneged on the deal. Continue reading →

Ethics Hero: Bindi the Jungle Girl

/ Jack Marshall / 7 Comments
Bindi Irwin,posing with an American politician

Bindi Irwin,posing with an American politician

It shouldn’t surprise us that 14-year-old Bindi Irwin, a.k.a. “Bindi the Jungle Girl”, has the stuff of ethics heroism. After all, she is the daughter of Steve Irwin, the late lamented “Crocodile Hunter,” and his intrepid wife, Terri Irwin. She has also been hosting her own Australian TV show since she was 7, in which Bindi regularly faces-off with the same nasty critters that amused her father so.

But Bindi’s heroism doesn’t involve crocodiles on this occasion, but rather the treachery and deceit of American politics. She was asked to write an article about protecting the environment for Secretary of State Hillary Clinton’s e-journal. (I’m not sure why this is a topic for discussion by the Secretary of State, but never mind.) After spending many hours of school time writing the piece for the “Go Wild – Coming Together for Conservation” edition of the newsletter last month, Bindi received the edited version of her 1000 word essay from State and found that it was drastically changed to the point of being rewritten completely.  ( You can read the original essay—which isn’t bad at all—here, and the re-written one, on a substantially different topic, here.)  She refused to let it be published with her name as author, withdrew it, and called foul to the Australian press.

This is called integrity. It is a rare and exotic breed in today’s Washington, D.C. Continue reading →

Comment of the Day: “Calorie Deceit”

/ Jack Marshall / 2 Comments

baitandswitch

Ed Carney contributes this additional intelligence on bait-and-switch tricks, and flags a particularly obnoxious one. Here is his Comment of the Day on the post,  “Calorie Deceit”:

“This reminds me of an experience I had at a local Big Lots store. I had seen their ad, which indicated that select headphones were fifty percent off. Since I have somehow destroyed every pair of headphones I’ve owned, I was in the market for that item and I figured that taking the price from twenty dollars down to ten dollars changed it from unaffordable to barely affordable to me. So I went there and searched their shelves but could find no indication of which ones were on sale. I took the one’s I thought might be and had them scanned at the front of the store, and when that turned out to be wrong I asked which ones were indicated by the ad. By turns, every employee squinted at the picture next to the “save 50%” label, scoured the shelves, and turned the search over to someone else until finally a manager explained to me that none of the headphones were on sale, and that when the ad proclaimed that their price was fifty percent lower, it just meant they were fifty percent less expensive than what you would pay at another store. I have not been back since. Continue reading →

Ethics Dunce: Rapper and Hip-Hop Music Mogul Ryan Leslie

/ Jack Marshall / 9 Comments
I wouldn't mess with this guy. No way.

I wouldn’t mess with this guy, Ryan.  No way. But be my guest…

The real mystery for me in this silly scenario is why the rapper would think he could publicly promise a $1 million reward and not have to make good on it. Any rational theories will be received with pleasure.

Ryan Leslie, who has penned a hit song or two and performs as a hip-hop artist himself, had his laptop and external hard-drive stolen while he was on tour in Cologne, Germany two years ago. Apparently he felt that the demos and songs on the equipment had potential, because he offered $20,000 for the laptop and hard-drive’s return. When that didn’t work, he upped the reward to $1 million. A man named Armin Augstein found the computer while walking his dog in a park not far from where the computer had been taken, and he turned it over to German police. When the man claimed his reward, Leslie refused to hand it over, claiming that Augstein must have been involved in the theft, though police found no evidence supporting that allegation. Continue reading →

Christina Hendricks Reductio Ad Absurdum

/ Jack Marshall / 33 Comments

Should SHE be insulted at “full-figured’?

Many commenters on my post regarding Christina Hendricks’ abrupt termination of an Australian interview have argued vociferously that the actress  was justified, suggesting that my criticism of her is sexist and unfair. I have pointed out that her objections to being referred to as “full-figured” were in flagrant disregard of the interviewer’s obvious meaning (she is famously voluptuous). I have noted that Ms. Hendricks’ curves are, in professional terms, her “bread and butter”—her trademark, her most salesworthy asset, her primary advantage over her competitors, the basis of her notoriety, the focus of her wardrobe, and the main reason she is a popular subject of photographers, an international celebrity and wealthy.  To no avail. My argument that such a woman should not be indignant when the most obvious reason she is in a position to be interviewed at all comes up in a question in a publicity interview, whether the question is gracefully phrased or not, falls on deaf ears.

So I now invite these treasured Ethics Alarms gender warriors to engage in this simple thought experiment. Would they extend their defense to Christina if she were one of these remarkable women?

Presumably so.

If not, I’d be fascinated to learn the reasoning.

This Is Obviously Wrong, But What IS It?

/ Jack Marshall / 78 Comments

“Me? ‘Full-figured?’ How DARE you?”

Christina Hendricks, the voluptuous actress who is one of the stars of the AMC cable drama “Mad Men,” reportedly stopped an interview on Australian TV when an interviewer referred to her as “full-figured.”

Christina earns millions of dollars with her figure, and exhibits it regularly and enthusiastically. If her figure isn’t accurately described as full, I don’t know what “full” is.What was the term she was expecting? “Spectacular?” “Eye-popping”?

“GwGahhhhmehenkRgh”?

Now that we have that definition straight, what is the proper description of her conduct toward the interviewer? Unfair? Dishonest? Unkind? Isn’t it a bait and switch? To me, it seems like a less debatable example of the conduct I criticized  by Comic Con attendee Mandy Caruso. Mandy, however, was undeniably treated crudely and impolitely, and had every reason to end the interview.

There needs to be a specific name for this sort of thing—intentionally courting a particular kind of comment or treatment, and then punishing those who take the bait. Is there one? I can’t seem to think of it, if there is.

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Facts: Daily Motion

Graphic: Share Your Wallpapers

Now THIS IS An Unethical Car Dealership

/ Jack Marshall / 7 Comments

Hey, Jerry! I hear Priority Chevrolet is looking for a sales manager! You’d fit right in!

Maybe the staff and management of Chesapeake, Virginia’s Priority Chevrolet aren’t quite in the vile category of Jerry, William Macy’s car salesman in “Fargo,” but even for a profession seldom mentioned in the same sentence with “ethical,” its alleged conduct in a recent transaction is appalling.

According to a lawsuit, Priority sales manager Wib Davenport sold a 2012 Chevrolet Traverse to Danny Sawyer for about $5,600 less than it was worth. There is a dispute over how this happened, but a contract for the inadvertently discounted sale was presented to the Priority customer and signed, and Sawyer quickly returned with a cashier’s check to cover what he owed the dealership after the various discounts and the trade-in.

After driving off in his new SUV, Sawyer went on vacation. He returned to voicemail full of messages from Davenport, who also authored a letter explaining that the dealership had made a mistake on the contract and had sold the car for the wrong price. He asked Sawyer to return to the dealership and sign a new contract. Right. Continue reading →

Presenting: The Amazing Law Suit Where Everyone Is Unethical!

/ Jack Marshall / 5 Comments

Twenty-eight-year-old Xuedan “Diana” Wang agreed to be an unpaid intern  at Harper’s Bazaar magazine, in order to build her resume and gain experience in a tough job market.  She worked up to 55 hours per week, and presumably got what she bargained for in exchange for her labor. Now, however, she is seeking full compensation for her time, arguing that the Hearst Corp, which owns Harper’s Bazaar, violated the federal Fair Labor Standards Act by letting her work for nothing. Her lawyers are also seeking class action status for her suit, which could eventually include hundreds of interns.

A high-profile class action suit on this issue is welcome, because for-profit companies using unpaid interns is an almost always unethical practice that is so easily and frequently abused that it needs to be banned. I wrote about this in 2010, when the Huffington Post’s management had the gall to auction off unpaid intern positions for up to $9,000–making interns pay them to be allowed to work for nothing. About the considerably less offensive practice of just having unpaid interns rather than making them pay for the privilege, I wrote… Continue reading →

Yes, I Am An Idiot. That Doesn’t Make It Ethical To Take Advantage of Me.

/ Jack Marshall / 12 Comments

I just fell for an online marketing scam, and am considering putting my brain up for auction on eBay in the hopes that it may net me enough to buy the complete DVD set of “Police Academy”. Failing that, I plan on devoting the rest of my days to exacting my revenge on the supposedly honest companies that were willing participants in my disgrace.

They caught me in a weak moment, surfing the net, having just lost a winnable game of Spider Solitaire. A screen popped up with the words,

“Congratulations, ALEXANDRIA! You have been selected to receive a free Apple iPad, Smartphone, or a thousand dollars worth of merchandise for taking a brief survey! It will only take a few minutes.”

As it turned out, there were two instances of deceit and three outright lies in this message, and I had several clear warnings that this was likely the case. For one thing, I wasn’t born yesterday. For another, I know my name isn’t ALEXANDRIA.

Yet I went to the next screen.  Why? Curiosity, which killed the cat; avarice, because the idea of getting something for nothing was appealing. Amnesia, because I’ve seen these things before.  Cockiness, as I was certain I would be able to determine whether this was a scam or not without losing much time or anything else. And, of course, abject stupidity, because I am an idiot. Continue reading →