Posts Tagged ‘ Fraud ’

Irresponsible Advertising? Kenneth Cole Tweet Nothing vs VitaminWater Ads

February 4th, 2011. By AbiK

: Not Funny

The Kenneth Cole reaction (couldn’t resist)—i.e., the outburst over his—or his ghostwriting social media whiz—comment on Twitter the other day raised the question of responsible marketing for many—heck, it’s been front page news all over the media. For those of you who missed it, this was the tweet:

“Millions are in an uproar in #Cairo. Rumor is they heard our new spring collection is available online at http://bit.ly/KCairo -KC”

Cole followed up later in the day by taking that tweet down and posting a mea culpa:

“Re Egypt tweet: we weren’t intending to make light of a serious situation. We understand the sensitivity of this historic moment -KC”

Ok. Fine. Yes, the situation in Cairo is serious. Very serious. And yes, there are many who would take offense (clearly) at Cole using the situation to grab a cheap marketing shot. But those who have followed Kenneth Cole for many years are well-accustomed to his brand of advertising—and, like it or not, it’s provocative—intentionally so. And, if so inclined—you can even purchase the coffee table book, Footnotes, which takes you through Cole’s first twenty years of advertising.

But now let’s contrast the Kenneth Cole uproar with the latest ad campaign from VitaminWater. Maybe you’ve heard that the National Consumers League (NCL, a watchdog group) has filed a formal complaint with the Federal Trade Commission (FTC) over VitaminWater’s use of ad copy such as: “Flu shots are so last year.” The inference, of course, being that in some way, shape, or form VitaminWater is on a par—at the least—or superior to—at the worst—getting a flu shot.

The complaint from the NCL charges that such advertising is dangerously misleading. To add to that, ajc.com quotes Sally Greenberg, executive director of NCL as stating, “One of the reasons we went after them was the claims we so outlandish, downright reckless.”

: Funny

VitaminWater (aka Glaceau VitaminWater) is owned by Coca-Cola—it’s founder, Michael Repole, sold it to Coke for $4.1 billion in 2007 and Repole’s recently made headlines for his interest in owning a stake in the NY Mets. Coca-Cola has responded to NCL’s criticism by saying that the ads are meant to be funny.

I can buy that—I like humor. But let’s look at the context here as well. Pick up a bottle of VitaminWater (note, not an endorsement here—just pick one up off the store shelf) and read the label. You’ll find things like “vitamins + water = all you need”. Or like the picture shown here, “that’s like brushing your teeth twice”—bet your dentist will like that one.

That’s not humor—that’s irresponsible.

Humor in advertising is that Staples “Most Wonderful Time of the Year” 30-second spot. Or take just about any Super Bowl ad—Pepsi, Doritos, Volkswagon, GoDaddy, Bud Light—they do “funny”. Betty White = Funny.

No one is going to experience undue harm as a result of having read Kenneth Cole’s tweet. What? Some Kenneth Cole fanatic is going to break a fingernail racing to click her mouse to get to Cole’s bit.ly link for his new spring collection? Please. On the other hand, when you put on a food or drink label that your product is “like brushing your teeth twice” when it’s not, well, that’s misleading. Ditto when you use display ads touting that “flu shots are so last year”.

What? I should drink sugar water instead?

Tags: Coca-Cola, false advertising, Fraud, FTC, Kenneth Cole, Misleading Advertising, National Consumers League, Responsible Advertising, Vitamin Water, VitaminWater
Posted in Consumer Fraud, Emerging Issues | 6722No Comments »2011-02-04+17%3A30%3A41AbiK

Lawyers Beware – Devious Scam Can Cost You Big Time

July 15th, 2010. By AbiK

Seems there’s a new and not-so-little lawyer scam going on. No calling a law firm about a package found on a subway, here. This one’s more devious and it involves some big cash.

According to a report out of wbztv.comin NH, two lawyers were targets of an international internet scam recently. The scammers used internet messages, fake companies and counterfeit checks in order to retain–albeit fraudulently–the lawyers.

Here’s how it worked:

It’s sort of like a Moneygram scam, actually. The lawyers were told that the fake checks were either settlement money or retainer fees. The lawyers were then instructed deposit the “money” and to then wire some money to someone else involved with the case.

The scammers were even doing things like using faux law firm stationery to make it look like it was opposing counsel who had sent the check.

One of the lawyers targeted was fortunate enough to have raised an eyebrow—he did some snooping around and found out that the check was counterfeit. He then contacted the attorney general’s office and state banking officials.

The other lawyer was not so lucky. He went and deposited the check and wired half the amount of it, a whopping $240,000, to a fake client of the company that retained him. Guess what? The $240k was yanked from his account and now it’s bye-bye. His loss. And a big one it is.

According to wbztv.com, Assistant Attorney General Karen Gorham said no arrests are anticipated.

No surprise.

Unfortunately, with scams like these—just as withMoneygram scams—it’s very difficult to track down the perpetrator.

So lawyers beware…

Tags: Fraud, Lawyers, scam
Posted in Consumer Fraud | 44182 Comments »2010-07-15+21%3A25%3A44AbiK

Legalese & Legal-speak: 10 for 2010

December 23rd, 2009. By Kristine B

With 2009 about to come to a close, it’s a good time to take a little breather and take a look at some of the words or phrases you often hear in relation to a lawsuit—but might not know what they mean. They tend to get glossed over as if everyone out there took Latin for 6 years and loves to speak in legalese. So as we get ready to kick off 2010, here’s 10 for ’10…ten common legal terms you oughta know for 2010 and beyond…in plain English…

Damages

Most of us are used to thinking of “damage” as what happens after a tornado (or a couple of five year olds on M&M’s) hits town. But the weird thing about “damages” from a legal perspective is that it’s the AWARD that comes after the mess—and the lawsuit. Damages simply refers to money awarded as compensation for a legal wrong. Damages are either compensatory or punitive. Say what? It’s like Pandora’s box…keep reading…

Compensatory Damages

Compensatory damages are awarded to compensate (so that’s where it comes from) the wronged party for money lost, expenses or pain and suffering due to a legal wrong committed by another party. Compensatory damages can include medical expenses, lost wages, loss of future earnings, property damage and pain and suffering. Compensatory = Compensation (well, Read the rest of this entry »

Tags: appeal, Compensatory damages, Damages, fiduciary, Fraud, jurisdiction, Negligence, Pleading Ignorance, Punitive damages, Statute of Limitations, tort
Posted in Pleading Ignorance | 2246No Comments »Legalese+%26+Legal-speak%3A+10+for+20102009-12-24+02%3A48%3A26Kristine+B

Feds Turn Up the HEAT on Medicare and Medicaid Fraud

May 21st, 2009. By Evelyn Pringle

On May 20, 2009, US Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius announced the creation of the Heath Care Fraud Prevention and Enforcement Action Team to take up the battle against Medicare and Medicaid fraud with senior officials from HHS and the US Department of Justice working together.

“With this announcement, we raise the stakes on health care fraud by launching a new effort with increased tools, resources and a sustained focus by senior-level leadership,” Attorney General Holder said in a May 20, 2009 DOJ press release. Read the rest of this entry »

Tags: Fraud, Medicaid, Medicare
Posted in Drugs/Medical | 1671 Comment »2009-05-21+13%3A47%3A47Evelyn+Pringle