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Running Scared, the Crazy world of rumor’ about blogging and the FTC
Feb 19th, 2010 by lawsuit

Is it legal for this current administration to delve into constitutional issues like this, to make up these guides as they go along?
what rights do they have to police the internet, and if they do have those rights, how about going after some of the real criminals on the internet, believe me there are plenty of them around.

There may be some real concern, however for the most part, this is just a bunch of hooey…

Recently you may have seen or heard many people stating that your website would be removed and that you might go to jail if you don’t comply with the FTC ruling, in fact there are several products out there, (yes, there are people trying to cash in on this) just like most marketing situations, it is from a lack of understanding.

The first thing you should understand is that this is a guide concerning the use of endorsements and testimonials in advertising.

Naturally it sounds scary but in reality, it hardly ever would effect one of us, perhaps the vaunted perez hilton, but nah probably not, as he just thinks he is a celebrity.

Just kidding, if you are endorsing, a product or service, like in this example, I love this great tasting coffee, you should buy some too, now that would be an endorsement, however, just having a link with a steaming cup of hot coffee next to it is not an endorsement.

Unless you say something like this, I really like this great tasting coffee, you should buy some now, right now, your eyes are getting sleepy, (just kidding) but you get the idea.

As I have heard from a number of people it is better to be safe than sorry, ok sure, I understand, that feeling, in which case a small disclosure at the bottom of your blog or website might be good, but always if you are in doubt, check on it to make sure.

Never take the word of someone say endorsing a product that they are telling you the truth, because they may not be, it sort of fosters a lack of trust.

To be completely honest, I sincerely doubt that the FTC has time to police every single blogger out there if they did they would never have time to find the bernie madoff’s of the world…

Ok, another joke, sorry, but really and truly here is the actual and factual statement made by the FTC.

“The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal Trade Commission Act; they are not binding law themselves. In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act.”
source www.ftc.gov
Want to know why the preceding statement is so important, naturally because the FTC has no formal power to create law, that is for the legislative branch to do and to abide by the will of the people.
Begin disclaimer.
Just so you know, the FTC can cause you a lot of problems, but unless you are making say 200 thousand bucks a day or so blogging, (hey not even perez is doing that) LOL then chances are you have nothing to fear, but remember this is not advice and you should always consult with a professional in all situations where you are not clear about the law and the needs of the law.
End disclaimer.
It is a sad time in this country when we have an agency that is more concerned with the poor bloggers of the world than they are with the hucksters, like bernie madoff, when that kind of thing can go on and on and on, and no one ever figures it out, then people they have got a lot worse problems then us little bloggers, don’t ya think?
This blogger may or may not receive some form of flattery from the preceeding statements, which may or may not be an opinion, only and so therefore and thus, we may or may not need to put this notice below.
COMMERCIAL ENDORSEMENT DISCLAIMER
Disclaimer of Endorsement: Reference herein to any trademark, proprietary product, or company name is intended for explicit description only and does not constitute or imply endorsement or recommendation

Toyota recall
Feb 17th, 2010 by lawsuit

So many people are effected by this and still many do not believe that the car company has done all it could do…

Could you be allegedly driving a death trap, every time you get behind the wheel of your car could it be your last time?

Toyota will we know the truth or will they continue to allegedly hide the truth.

What can you do if you suspect you have a vehicle with pedal problems, first you can contact.

There are some official places you can go and you can file complaints with the FTC and the national safety
transportation board for starters, but really will that keep you safe…
________________________________________________________________________

Is there a third recall for linkage problems that toyota has yet to acknowledge?

Could people be injured and or die if this is the truth.

Toyota, alleged dealers hide the truth from owners?  Why would a dealer not say a single word about a recall when the owner comes in for service?   What is wrong with this picture, we came in for service and the dealer says not a word that there could be a problem where I might Die?

In what kind of stupid world does someone live in that does this type of thing?

If that does not make you angry, consider this, they really think that spending a few million bucks on a Public Relations or public image campaign will help gain back their trust.  Your kidding right, man that is shallow, they had a movie a while back called shallow Hal, that is sort of the way I feel about toyota, words like allegedly defiled, raped, lied to, and then expected to forgive and forget after being offered a free car wash?   Man I thought toyota was smarter than that, are they not?


—————————————————————————————————-

Could Toyota be hiding yet another recall?   Could they be hiding the truth about what the cause of the problem actually is?

This is not legal advise…..

For one thing, the idea that the floor mat is the cause of an engineering  over sight, is well sort of like advocating a screen door on a submarine…

Sounds sort of ignorant right, yet Toyota will spend millions on Public Relations firms, and commercials, typical alleged, guilty behavior.

So what is really going on allegedly…

There are a lot of possibilities, however one thing for sure there is a problem and we have seen it first hand…

Well apparently, the preverbal stuff has hit the fan and allegedly toyota is not fessing up to all the problems that are occurring.
Are we  Say safe in our own cars?

Some say yes, other say no…

I can tell you that if your experience was anything like my experience with toyota then you are in for a rough ride.

On a number of occasions, we visited our toyota dealership, for our regular maintenance, where they cheerfully charged us full price to change the oil and do other unknown things, usually for over 100 usd, the last one was 189 usd, but did they bother to let us know that we were driving a potential death trap?   That Ah, would be a big fat no…

Amazing really, they can charge us for taking care of our vehicle, in fact the maintenance is mandatory if you want to keep your extended warranty in force, but they cant tell us about a potential lethal problem?

Let me tell you that is scary folks…

This is certainly something close to a nightmare for Toyota, in the recent recall madness, where the dealers are pitted against the owners, and the finance companies are pitted against the dealers, and allegedly the manufacturer pitted against the lawyers. Make no mistake about it, there are a lot of problems with these cars, Real Valid Safety concerns, some say that the government in the form of the DOT and the FTC are having a conflicted interest in this issue however, after my own very real safety issue, (notice I did not say a concern) this was a real issue.

This really happened, and while I cannot say if this was due to accelerator pedal entrapment with regard to the floor mats, (a less and less likely event as time goes by) or if this was due to a linkage problem, (more likely from an engineering perspective, a very non toyota perspective) in fact we own one of these vehicles, which to date allegedly toyota is not willing to even admit that there is a problem nor are they willing to state how they plan on fixing the problem.

We know there is a problem with this toyota camry, because we have experienced it first hand, or foot so to speak.

In a Terrifying event where the vehicle stuck with the accelerator linkage wide open for a period of several seconds, which resulted in a near miss accident and a change of clothing, for the driver…

This is a serious problem and when you have a company that is not willing to do the right thing and either fix the problem or buy the car back then there are real problems ahead for this company.

When a company is willing to spend millions and millions of dollars in PR relations, double entendre intended, then it is time to call an attorney…

If you have had an accident involving a toyota in any of the mentioned toyota vehicles.

Then you may need to get a lawyer…

Here are some of the problems we have had with our 2009 toyota camry,

  1. Sticking wide open linkage and or entrapment, of the pedal mechanism.
  2. delayed sticking linkage, at less than 30 MPH
  3. delayed surge at idle during cruise control.
  4. surge at less than 10 MPH with brake applied.
  5. inertia during de-acceleration or sudden loss of power during cruise control

While most of these issues can be easily controlled, with some forethought, and some pre-planning but I can tell you from actual experience that this is easier to say than it is to do, as a professional driver with more than 30 years of safe driving experience, I can tell you that I nearly had an accident while this concern happened to me.

The problem is that toyota is allegedly not doing the right thing…

They are not even saying the linkage word and that is where the problem allegedly is…

Let me say that louder, LINKAGE>>>  PEOPLE<

Be very careful when driving these cars, be on the lookout for trouble, just because someone tells you that your car is not involved in the toyota recall does not mean there is no problem.

Believe me there is a problem, at least in my own very personal experience.

I would say that while I cannot offer you advice on this issue, please do seek professional advice if you feel you are driving an unsafe vehicle, you may need help in finding a lawyer, if so please see our resource pages for those types of attorneys.

As many of you have heard, this is a terrifying situation to find yourself, not only that but it can happen so quickly that you may not even realize that you are in a potentially life or death struggle with your own car…

FTC tries an end run around the constitution
Oct 7th, 2009 by lawsuit

So what is next, will the political parties have to reveal when they pay liberal bloggers to post?
or will those people be exempt?

Will they publish who pays them for what?

Folks it is a great time to be a constitutional lawyer, because we are looking at yet another case in the works.

The Federal Trade Commission will require bloggers to clearly disclose any freebies or payments they get from companies for reviewing their products.

It is the first time since 1980 that the commission has revised its guidelines on endorsements and testimonials, and the first time the rules have covered bloggers.

But the commission stopped short today of specifying how bloggers must disclose any conflicts of interest.

The FTC said its commissioners voted, 4-0, to approve the final guidelines, which had been expected. Penalties include up to $11,000 in fines per violation.

The rules take effect Dec. 1.

source

Is the world going insane, I tell you what I will tell all, if congress will tell all the payments they receive when a special interest group contributes to their PAC

How does that sound instead of picking on bloggers do you suppose that the FTC might be able to figure out how to stop the bernie madoffs of the world before picking on bloggers?

You really have to wonder about the people in office when they start doing stuff that is clearly unconstitutional.

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