unethical advertising

Unethical and Unfair Advertising With No Laws or Rules Against It…So That Makes It OK, Right?

/ Jack Marshall / 4 Comments

Justice Holmes warned about people like this.

From Wisconsin we have a perfect example of how new technology creates opportunities for the unethical to find new ways to exploit it, uninhibited by either basic fairness or formal ethics rules that were written before the technology was available.

The Wisconsin law firm Cannon & Dunphy purchased the names of the two named partners of their biggest competitor in personal injury law, the firm Habush, Habush & Rottier, for a sponsored link, meaning that  every search for “Habush” or “Rottier” produces an ad for Cannon & Dunphy at the top of all the search results.  incensed that their names were being used to promote their competitor, Robert L. Habush and Daniel A. Rottier sued, alleging a breach of privacy and a misuse of their publicity rights. Milwaukee County Circuit Judge Charles Kahn Jr. rejected the suit, holding that purchasing a competitor’s name as an advertising key word on the Internet is reasonable commercial use. Continue reading →

Now THIS, On The Other Hand, Promotes Political Violence:

/ Jack Marshall / 8 Comments

The good news, I suppose, is that the Palmetto State Armory decided to take down its webpage advertising the “You lie!” etched rifle component, in belated recognition of the fact that promoting such a product after the Tucson shootings would be irresponsible and in terrible taste. Continue reading →

Ethics and the CALM Critics

/ Jack Marshall / 3 Comments

The Commercial Advertisement Loudness Mitigation, or CALM Act, is now on the way to President Obama’s desk. The law addresses a long-time irritation to TV viewers, who have been complaining about television commercials booming out at ear-splitting volume as soon as a moderately-loud program takes a break. The advertising trick, which has been around for a while, has become even more blatant in recent years with availability of new sound technology. Some televisions have been equipped with devices that supposedly even out sound variations, but they do not completely solve the problem. The new legislation directs the Federal Communications Commission to require advertisers, within a year, to adopt industry technology aimed at lowering the volume on televised sales pitches.

This is a classic example of law doing what law is supposed to do: step in when individuals or organizations refuse to respect ethical values and cultural norms in the pursuit of their own self-interest, and set penalties to inspire them to engage in fair conduct, since “doing the right thing” isn’t motivation enough. Continue reading →

The F.T.C. vs. the Singing Pirate’s Not-So-Free Credit Reports

/ Jack Marshall / 2 Comments

What does it say about the futility of federal regulators when the Federal Trade Commission thinks the best way to combat misleading commercials for “free credit reports” is to use taxpayer funds to produce and run a parody of  those ads? That’s right: the government is running TV commercials designed to look like the commercials that try to confuse consumers into using  a costly credit service rather than the government’s free service. Continue reading →