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Is this legal .... or fraud?

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Icabob
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Joined: 17 May 2007
Posts: 2
#1 · Posted: 17 May 2007 17:21


Sites like Mark Warren's Ultimate Wealth Package and Stephen Scott's Ultimate Internet Riches (I'm not sure if I can post URLs. I certainly don't promote their products) use stock photographs for their testimonials.

This means that the testimonials on the left are not real people. It also means that on the Ultimate Wealth Package website that guy on the right isn't actually Mark Warren, even though you're supposed to think it is.

Anyway yes I have a legal question here eventually.

Isn't this fraud at some point?

Question #2: would it be fraud if the name "Mark Warren" was fake?

I mean let's say there's some guy named Jeff selling that product. Is that fraud? I guess it's really technically the same as using a pseudonym for a book but I was wondering.

Anyway thank you for any reply.

AngelaE8654
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Joined: 31 May 2007
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#2 · Posted: 31 May 2007 15:32


This came up on another forum. It's legal to use stock photographs, but it's not advisable. Why? For the reasons you've stated; most people think this is to some degree fraudulent.

Trojan9
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Joined: 6 Sep 2007
Posts: 26
#3 · Posted: 23 Sep 2007 02:35


Its been done for years and I doubt it will ever stop. I doubt it can be said its fraud because it doesn't specifically say the people in the pics are the people in the testimonials. I think the courts would look at it as a design decision and nothing more. It looks more professional for them rather than real people, like commercials. It won't change.

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iulianfromiasi
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#4 · Posted: 23 Sep 2007 10:12


well at some point i think is a fraud because they use fals names and maybe fals testimonials too, i'm not expert in this but i think is a fraud somehow

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pcwork
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#5 · Posted: 23 Sep 2007 19:40


It is done all the time for offline advertising.

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CSGWAHM
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#6 · Posted: 24 Sep 2007 09:38


It is being done and has been for a long time, I just don't agree with it.

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wealthymarket
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#7 · Posted: 19 Jan 2008 01:39


Right, it is shady...BUT...admittedly, I'm not sure that I can say whose really to blame for it. Afterall, if all the testimonials were from people that were not considered attractive and appealing to the eye, the sales would not be as high...advertisers cater to what their audiences want to see and hear. Thus, if we want it to change, we--the audience--needs to be the one to change on some level. I don't believe it's moral on the part of the advertiser, certainly, but I do believe that they have been put in that place by the decisions their potential customers/clients make. Just a thought if we really want to see change...then, in this case, we need to be it.

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wealthymarket
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#8 · Posted: 19 Jan 2008 01:41


Wow...and I just revived a very old post! LOL :-p Well, maybe it was worthwhile. :-D

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opendomain
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#9 · Posted: 21 Jan 2008 12:00


Sure it's worthwile It brings up a good point.
ADVERTISING

Which is prety much doign what makes your look good to your audience. Online I personally don't agree with it. Why not be honest?

However this is done everyday from billboards to tv commercials(i really doubt the model you see on TV actually uses the product she is modeling for)

Bigrich
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Joined: 1 Jun 2007
Posts: 115
#10 · Posted: 21 Jan 2008 15:52


I'm to ugly to use my mug on my site

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wealthymarket
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#11 · Posted: 21 Jan 2008 16:03


LOL Amen to that, Bigrich!!! Here, here!

opendomain, I'm not advocating it, to be clear. I'm just saying that if we want to change it to honesty, then we need to take steps toward making it that way...for example, avoiding online businesses that don't adhere to that standard or whatever. If enough people refuse service due to an ethical practice, the company is forced to change it or go out of business. Which do you think they'd choose?

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cybermommy
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#12 · Posted: 21 Jan 2008 17:19


I wouldn't really care if the people on the testimonials looked like George Clooney or JohnSmith down the street.
Surely it would be more enticing to see John Smith from down the street on a site,'guy done good' ?
To me it would seem to the average Joe that 'hey,I could work this' rather than some overly glossy copy.
Maybe not as appealing to the eye but enticing to the person who happened upon the site who would see it as attainable?
Just throwing some thoughts out there

opendomain
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#13 · Posted: 21 Jan 2008 19:22


OH no I now you don't endorse it anymore than I do, my apologies if that's what I made you think I thought.

My point was that that shine/fake/gloss in marketing is time tested and proven to be a winner. (unfortunately) In marketing there are several ways to go. Sites that focus on good looking people are all actually going after the sex appeal. There are other tactics though and I agree that the more WE DO NOT GO FOR WHAT'S EASY BY PANDERING TO SEX the better we'll all be...

On the flip side, or rather more a point of discussion, do you believe it to be WRONG for people to market like that and where do you draw the line?
Sports sponsorships, modeling contracts, movie spots....they all fall into that same base category of marketing... is it ok?

samda
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#14 · Posted: 26 Jan 2008 03:05


I too saw. Has any one used his product. Is it worth to buy them?

delords
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#15 · Posted: 26 Jan 2008 13:19


mark warren program isn't a fraud at all

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dmitch31
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#16 · Posted: 7 Mar 2008 21:57


Many actors and actresses use pseudonyms and no on has ever accused them of fraud. However, when they have to sign something legal, they use their real name. Most people protect their identity information to some extent if they become a public figure online.

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MyOwnBoss
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#17 · Posted: 9 Mar 2008 05:10


See, the thing is what they're selling is "this can be you". Now looking at an ad, would people prefer to be johnsmith down the road (who they are already), or George Clooney?

That's why they usually use pretty people for ads. People don't look at them and say, "I'm not pretty enough to be one of these people."

They look at the ad and say, "I can be one of these pretty people."

Doesn't make a lotta sense logically, but sales is about emotion. Sure, you make logical decisions sometimes, but in a competitive market when your product doesn't stand clearly above competing products, it's much easier to give people an emotional charge and try to get the sale that way.


Quoting: cybermommy
I wouldn't really care if the people on the testimonials looked like George Clooney or JohnSmith down the street.
Surely it would be more enticing to see John Smith from down the street on a site,'guy done good' ?
To me it would seem to the average Joe that 'hey,I could work this' rather than some overly glossy copy.
Maybe not as appealing to the eye but enticing to the person who happened upon the site who would see it as attainable?
Just throwing some thoughts out there


Freedom
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Joined: 26 May 2008
Posts: 36
#18 · Posted: 27 May 2008 03:37


I would say false testimonials , definitley fraud. The stock photos though I think there are a lot of people that use those. Sometimes its to hard to get a picture with a testimonial

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tinimini
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#19 · Posted: 30 Aug 2008 21:44


iulianfromiasi:
well at some point i think is a fraud because they use fals names and maybe fals testimonials too, i'm not expert in this but i think is a fraud somehow


To say this, is like saying every movie star is committing fraud for not using there real name. Just like actors use a stage name, people on the internet are allowed to use a "Stage Name". They are trying to protect themselves, and there privacy.

Phil Stones
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#20 · Posted: 25 Nov 2008 12:01


I guess most of us use pseudonyms at some point or other !

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