Theft by Deception Law & Legal Definition

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New Media, Online Advertising and Digital Marketing
1.
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areas of media, social, mobile, digital marketing and advertising.
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Federal Trade Commission (Ftc)
The agency of the federal government that seeks to promote free and fair competition in interstate
commerce through prevention of trade restraints such as price-fixing agreements, false advertising, illegal
combinations of competitors and other unfair methods of competition. - See more at:
http://dictionary.findlaw.com/definition/federal-trade-commission-ftc-.html#sthash.u2WMTAq7.dpuf
Theft by Deception Law & Legal Definition
Theft by deception generally means the use of deception to obtain control over the property or
services of another. The following is an example of a state statute governing theft by deception:
Theft by deception.
A person commits theft if he obtains property of another by deception. A person deceives if he
intentionally:
(1) Creates or reinforces a false impression, including false impressions as to law, value,
intention, or other state of mind; but deception as to a person's intention to perform a promise
shall not be inferred from the fact alone that he did not subsequently perform the promise; or
(2) Prevents another from acquiring information which would affect his judgment of a
transaction; or
(3) Fails to correct a false impression which the deceiver previously created or reinforced, or
which the deceiver knows to be influencing another to whom he stands in a fiduciary or
confidential relationship; or
(4) Uses a credit card, charge plate, or any other instrument which purports to evidence an
undertaking to pay for property or services delivered or rendered to or upon the order of a
designated person or bearer (a) where such instrument has been stolen, forged, revoked, or
canceled, or where for any other reason its use by the actor is unauthorized, or (b) where the
actor does not have the intention and ability to meet all obligations to the issuer arising out of his
use of the instrument.
The word deceive does not include falsity as to matters having no pecuniary significance, or
statements unlikely to deceive ordinary persons in the group addressed.
Theft of Services Law & Legal Definition
Theft of service is defined by state laws, which vary by state, but typically define the crime as knowingly
securing the performance of a service by deception or threat, diverting another's services to the actor's
own benefit, or holding personal property beyond the expiration of rental period without consent of the
owner. Intent to avoid payment may be presumed under certain circumstances, such as failure to pay
for an applicable rental charge within 10 days after receiving written notice demanding payment.
Such laws generally classify the crime as a misdemeanor or felony according to the value of the services
stolen. Specific amounts vary by state. Local laws should be consulted for specific requirements in your
area. The following is an example of a state statute dealing with theft of services:
"(a) A person commits theft of services if
1. the person obtains services, known by that person to be available only for compensation, by
deception, force, threat, or other means to avoid payment for the services;
2. having control over the disposition of services of others to which the person is not entitled, the
person knowingly diverts those services to the person's own benefit or to the benefit of another
not entitled to them; or
3. the person obtains the use of computer time, a computer system, a computer program, a
computer network, or any part of a computer system or network, with reckless disregard that
the use by that person is unauthorized.
(b) Absconding without paying for hotel, restaurant, or other services for which compensation is
customarily paid immediately upon the receiving of them is prima facie evidence that the services were
obtained by deception.
(c) A person may not be prosecuted under this section for theft of cable, microwave, subscription, or pay
television or other telecommunications service if the service was obtained through the use of a device
designed and used to intercept electromagnetic signals directly from a satellite, including a device
commonly referred to as a home earth station."
Credit card (or debit card) fraud is a form of identity theft that involves an unauthorized taking of
another’s credit card information for the purpose of charging purchases to the account or removing
funds from it.
Elements of Credit Card Fraud
Debit/credit card fraud is thus committed when a person
1) fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else's credit or debit card or
card information;
2) uses his or her own card with the knowledge that it is revoked or expired or that the account lacks
enough money to pay for the items charged; and
3) sells goods or services to someone else with knowledge that the credit or debit card being used was
illegally obtained or is being used without authorization.
Types of Credit Card Fraud
Credit fraud is a broad term for the use of a credit card (or any comparable type of credit) to buy goods
or services with the intention of evading payment. Credit fraud includes:
Identity theft: the unauthorized use of personal identification information to commit credit fraud or
other crimes
Identity assumption:
long-term victimization of identification information
Fraud spree: unauthorized charges on existing accounts
Credit card fraud schemes generally fall into one of two categories of fraud: application fraud and
account takeover.
Application fraud refers to the unauthorized opening of credit card accounts in another person's name.
This may occur if an offender can obtain enough personal information about the victim to completely fill
out the credit card application, or is able to create convincing counterfeit documents.
Account takeovers typically involve the criminal hijacking of an existing credit card account. Here an
offender obtains enough personal information about a victim to change the account's billing address.
The perpetrator then subsequently reports the card lost or stolen in order to obtain a new card and
make fraudulent purchases with it.
There are many ways that credit thieves gather your personal information:
- Using lost or stolen credit cards
- Stealing from your mailbox
- Looking over your shoulder during transactions
- Going through your trash
- Sending unsolicited email
- Making false telephone solicitations
- Looking at personnel records
- See more at: http://criminal.findlaw.com/criminal-charges/credit-debit-cardfraud.html#sthash.H0hU3izf.dpuf
Bait And Switch bait and switch n : a fraudulent or deceptive sales practice in which a purchaser is
attracted by advertisement of a low-priced item but then is encouraged to purchase a higher-priced one
called also bait advertising - See more at: http://dictionary.findlaw.com/definition/bait-andswitch.html#sthash.l9jZDQJQ.dpuf
Consumer Protection - consumer protection Laws designed to protect consumers against unfair trade and
credit practices involving faulty or dangerous goods. - See more at:
http://dictionary.findlaw.com/definition/consumer-protection.html#sthash.WTwtLpxD.dpuf
Theft of Services Law & Legal Definition
Theft of service is defined by state laws, which vary by state, but typically define the crime as
knowingly securing the performance of a service by deception or threat, diverting another's
services to the actor's own benefit, or holding personal property beyond the expiration of rental
period without consent of the owner. Intent to avoid payment may be presumed under certain
circumstances, such as failure to pay for an applicable rental charge within 10 days after
receiving written notice demanding payment.
Such laws generally classify the crime as a misdemeanor or felony according to the value of the
services stolen. Specific amounts vary by state. Local laws should be consulted for specific
requirements in your area. The following is an example of a state statute dealing with theft of
services:
"(a) A person commits theft of services if
1. the person obtains services, known by that person to be available only for compensation, by
deception, force, threat, or other means to avoid payment for the services;
2. having control over the disposition of services of others to which the person is not entitled, the
person knowingly diverts those services to the person's own benefit or to the benefit of another
not entitled to them; or
3. the person obtains the use of computer time, a computer system, a computer program, a
computer network, or any part of a computer system or network, with reckless disregard that
the use by that person is unauthorized.
(b) Absconding without paying for hotel, restaurant, or other services for which compensation is
customarily paid immediately upon the receiving of them is prima facie evidence that the
services were obtained by deception.
(c) A person may not be prosecuted under this section for theft of cable, microwave, subscription,
or pay television or other telecommunications service if the service was obtained through the use
of a device designed and used to intercept electromagnetic signals directly from a satellite,
including a device commonly referred to as a home earth station."
Databases That Contain Information About Suspected
Shoplifters Can Hurt Innocent Job Applicants
October 10, 2013
Shoplifting results in substantial loss of potential
revenue for retailers across the nation, however, not all store merchandise is stolen by customers or
the general public.
Retail employees sometimes steal merchandise from their own employers, so much so, that retailers
are uniting to help stem the problem by using databases that may help them avoid hiring someone
who has even been suspected of shoplifting in the past.
Retailers across the country are contributing information to databases about customers and
employees suspected of, or caught stealing merchandise from their stores. There are several
companies hosting and offering retailers access to these databases, including First Advantage
Corporation.
Retail employers can enter a job applicant’s personal information and scan the database to see if
any other retailers have reported problems with the employee, or person applying for a job. These
databases have attracted the attention of tens of thousands of retailers as clients, including CVS,
Target stores, and Family Dollar, who pay a membership fee for access.
Background check databases are legal in all states, however, the Federal Trade Commission has
been handling multiple complaints about shoplifting databases and is currently investigating to
ensure that such databases are in compliance with the Fair Credit Reporting Act. These shoplifting
databases do not necessarily report on convictions, but also allow retailers to report on their own
“findings” independent of the legal process.
Many employers, including most retailers, run some sort of background check on job applicants to
check for a criminal record, and they may also check for sex offenses. However, complaints
regarding the shoplifting databases seem to pivot around the difficulty people have in disputing
information, as well the databases containing false, inaccurate data that can harm a job applicant’s
chances of employment. Several complaints also allege false confessions coerced by store
management have made their way into at least one database.
LexisNexis has owned and operated at least three companies that offer background check
databases on shoplifters (they recently sold one of the companies, Esteem.) According to the New
York Times, in March 2013, “LexisNexis agreed last week to pay $13.5 million to settle a classaction suit on behalf of 31,000 people that accused the firm of violating consumer protection laws by
selling background checks to debt collectors. The company did not admit wrongdoing.”
Credit Card Skimming
Credit card skimming is a crime taken seriously in New Jersey as this activity may sometimes have
ties to overseas criminal groups (most commonly in Eastern Europe), organized crime, or
gangs. The U.S. Secret Service investigates credit skimming nationwide and uses many methods to
try and track down those suspected of skimming, especially when it involves banks or gas stations
— the two most common places where skimming occurs.
Credit card skimming is done in a variety of ways — but no matter how it is done, it is considered a
crime, and you could be facing serious charges. If you have been accused with any type of credit
card fraud or credit card skimming, call our law offices today to talk with an experienced fraud crimes
trial lawyer.
Examples Of Crimes Involving Credit Card Skimming

Using any device to scan or copy batches of credit card information;

Using any device to scan or copy individual cards;

Copying, or writing down credit card information;

Selling or using skimmed credit card information;

Posting, or attempting to sell skimmed data on “carding sites” on the Internet;

Copying stolen data onto another fake card;

Purchasing skimmed credit card information;

Coercing or paying someone to skim cards for you.
Other Methods Used To Skim Credit Card Information Are Also Illegal
Credit card information can also be obtained at ATM machines. A scanning device is placed on the
credit card slot opening of the ATM that looks like the real one. When a customer swipes their card,
information is captured in the device or may sometimes be transferred remotely using Bluetooth
technology.
Strategically placed cameras may also be used to capture pin numbers as the cardholder enters it
on the keypad, or, sometimes an individual will stand close enough to an ATM machine of store
keypad and watch to see a PIN as it is entered.
There are even devices that can be placed directly over PIN keypads that capture pin numbers as
they are typed. These overlays are hard to detect and are often only placed on pads or in ATM
machines for a few hours before being removed.
Using A Stolen Credit Card Is A Fraud
Crime
Stealing a credit card, or using one without the cardholder’s permission is against the law and may
be charged as a fraud crime. To be charged, you do not have to have ever had the actual card in
your possession. You can be charged if you simply copied someone elses’ credit card number from
a billing statement, sales receipt, or used any other means to obtain the credit card owner’s
information and used their card without their permission.
Other types of fraud involving credit card theft include “skimming” or buying or selling stolen
information. N.J. Rev. Stat. §2C:21-6.1 states that it is a crime in the third degree if the intent was
to defraud the rightful own of the card through the use of a scanning or re-encoding device. A crime
in the fourth degree can be charged if someone knowingly possesses a device with the intent to
defraud.
Examples Of Fraud Crimes Relating To Credit Card Theft
The following are some examples of different types of fraud crimes involving credit card theft:

Stealing Credit Cards, Or Credit Card Information

Buying Or Selling Stolen Credit Card Information

Credit Card Skimming

Computer Hacking Into Credit Card Information

Making False Statements To Obtain A Credit Card

Setting Up “Carding” Forums To Sell Or Exchange Stolen Information
Behavioral and Social Targeting using ‘Intelligence’ developed by Marketing Research Companies
Example…………….
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industry. Their portfolio of competitive intelligence solutions provides valuable insight that enhances their clients’ marketing
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Criminally Intelligent Agency - http://www.youtube.com/watch?v=41y9bv7lxx8
Spammers are committing criminal fraud through promotion of collision and theft by deception
Spammers are so stupid its unbelievable. Why would a spammer come to a CIA documentary to sell a
make money at home system? I know people buy these systems, which is the reason spammers have
ruined YT, but this shit is out of control. This video only has 16,000 views, gets very little traffic, has
nothing to do with making money, but these idiots still have to post their shit everywhere. IF YOU SEE
SPAM PLEASE MARK IT AS SPAM! Its the only way to control these parasites.
Comparative Analysis – Spam vs. Fraud…………………………….Theft by Deception or just liars anonymous
Preventative Medicine - http://www.hirepoint.com/life-at-teletech-en-US/videos-enUS/?video=tMCIKSmcoFc TeleTech organization.......................
Ebay Business............................. http://1selfemploymentideas.com/self-employment-ideas/starting-aebay-business-episode-1-the-basics
Display Advertising
A graphical advertisement that appears next to content on websites, instant messaging (IM)
applications, emails & other digital format.
The graphical advertisements are referred to as banners and can include:

Text

Images

Audio

Animations

Video

Interactive content
Think of display advertising as similar to advertising in printed media like a magazine. However, you
can also target according to:

Demographic

Geographic location (to an extent)

Behavioral targeting
Tracking
Depending on your analytics solution, you can track:

The number of people that have potentially seen the ad

The number of people that have clicked on the ad

The journey of the person to your site and once on your site

What they did on your site (if anything)

Conversion –> ROI
Why use Display Advertising?
Although it is a push marketing technique (people see your ads even if they don’t want to) Display
advertising does bring about some valid reasons to use it:

Increase your online presence

Help reach your marketing goals

Help to increase brand awareness

Drive leads

Promote new products or seasonal offers/promotions

Increase reach and frequency
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There is one important statistic you should be made aware of before you discount display:
18.1% growth expected of US display advertising this year to reach a total of $20 billion.
(Source: eMarketer)
Twenty billion dollars. More than the 2013 NASA budget (less than $18 billion). More than
the net worth of Mark Zuckerberg (less than $14 billion), who, incidentally, was not born yet
in 1980. A twenty billion dollar industry is not dead. The smartphone accessories industry’s
market size is $20 billion and walking through any mall or tourist destination proves that it is
far from dead.
In fact, the display ecosystem is not only alive, it is currently going through a sort of re-birth.
The Re-Birth of Display
Perhaps the 30-year-old banner has low CTR, but the display industry is not just the 30year-old banner. The display ecosystem has adjusted to the times and is going through a
re-birth fueled by new technology, diversified channels, and a modernized infrastructure.
Display’s reach is growing thanks to the growth of the mobile market and social
networks. Mobile display advertising has increased its market share of total mobile
spending by no less than 8% to 39%, growing at over 120% CAGR (Source: IDC). About 1
out of every 3 display ads appear on social sites. (Source: ComScore).
The display ecosystem has been improved by technological enhancements like Real Time
Bidding (RTB). According to agency execs, RTB enables improvements in ad effectiveness
anywhere between 20% and 150%. (Source: AdExchanger)
The standard banner worked in its time. Now is the time for engaging new formats of larger,
more interactive canvasses. 51% of ad agencies report a rise in client demand for
dynamic rich media ads.
Conclusion: Dead or Alive?
The real statistics show that display is not dead. It is not only alive, it is thriving! It is
changing with the times and accommodating trends and shifts in the marketplace. It is a
healthy, profitable industry and should not be discounted in marketing efforts for any brand
or company.
About the Author
Kfir Moyal is CEO of BIScience (AdClarity) and General Partner of Cyhawk
Ventures. Kfir co-founded Matomy (previously AdsMarket), a worldwide leader in multichannel performance based advertising, with revenues of above $100M. Being a savvy
technologist and a successful businessman, Kfir’s gift is identifying market trends and new
businesses with potential and using his product development, strategic planning, marketing,
business development and M&A experience to bring them into the fold as mature, profitable
entities. Active in the online industry for more than 15 years, his special focus is on New
Media, Online Advertising and Digital Marketing.
5 Things Spammers Ruined While We
Weren't Paying Attention
By John Cheese March 01, 2012 727,061 views
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It's amazing how much shit people will put up with, as long as you give it to them slowly. Like
the way nobody notices gas prices going up, as long as it's done a nickel at a time.
But I can't think of a more dramatic example than the way spammers have ruined huge chunks of
the Internet, and the way we kind of just let them. You can't get from Point A to Point B on the
Web without swimming through a sludge of spyware, malware and viruses. It dictates our entire
behavior online, and we've kind of just gotten used to it. I think this is amazing, considering that
if even a tenth as much bullshit existed in real life, we'd be demanding military intervention.
Step back for a moment and just think about how spamming dickheads have ruined ...
#5. Toolbars
Man, you know what would be awesome? If they made a little strip of useful icons and features
that we could attach to our browsers. Something unintrusive that would eliminate the need to
have a separate window open every time we needed to search for pictures of Christina Hendricks'
cleavage. And another when we need to post those pictures on Facebook. Maybe it could give us
a way to rate and share that cleavage so that we could scientifically catalog it for further study.
Oh, wait, they have those! In fact, they've been around almost as long as Web browsers
themselves. The problem is that we don't think of them as helpful tools to make browsing easier.
We see them as symptoms of a disease, the number of which tells us exactly how long we'll be
spending unfucking our mom's computer because she won't stop downloading goddamn
screensavers.
Goddamnit, mom.
In another article, I talked about how toolbars have become synonymous with the word "virus"
because they are so commonly associated with malware, spyware and hijackers. Spammers
discovered years ago that if they designed a toolbar that offered some legitimately helpful
features, they could slip in some bullshit malicious code, and most people wouldn't know where
the resulting vomit was coming from. Over time, of course, we figured out what was going on,
and the rule of thumb became "Do not install toolbars under any circumstance."
They're just these mindless little promotional giveaways, yet I've spent days trying to undo the
damage all their hidden malicious code unleashed. It'd be like if a politician handed us an ink pen
with his campaign logo on the side, and as soon as we accepted the freebie, it fused itself to our
fingers and forced us to write his slogans all over ourselves. Then, on voting day, it physically
pulled us into the booth and forced us to vote for him. It's a level of diabolical malice normally
reserved for dark wizards. But on the Internet? The average grandma can't surf for 48 hours
without getting cursed by some equivalent asshole.
Photos.com
"Rise, my minions, and drink of the blood that gives you life!"
And the harder we try to avoid it, the more devious they get. Spammers pay legitimate programs
to include their toolbar as a package deal. Or worse, trusted companies would wrap clean
programs in their own installer, which itself was bundled with toolbars, Trojans and homepage
hijackers. In order to ensure that you'd install it, they'd hide a check box -- already checked for
your convenience -- in a sea of "Terms and Agreements" that gives them permission to shit
directly into your hard drive unless you specifically unchecked that box. And once again, we had
to modify the way we installed programs, carefully looking for that catch and manually
unchecking each box before hitting the "Next" button.
Once we were used to that, they changed up the wording, knowing that we had become
conditioned to performing the steps: 1) Uncheck toolbar boxes. 2) Click "Accept." 3) Install the
new program, free of said toolbars. Check out the deceptive bullshit they came up with, paying
special attention to the last lines of the instructions:
If you don't see it, don't feel bad -- many people don't. What they're saying is that if you click
"Decline" (an action that traditionally cancels the installation of the whole program), they will
continue with the program's regular installation without installing the toolbar. If you click "I
Accept," no matter what you've unchecked above, the toolbar is still installed along with the
program. They figured out our "don't install" click patterns, and rearranged the buttons to trick us
into agreeing.
Can you imagine how we would jump down the throat of any real-world business that tried that
shit? Imagine ordering your lunch at McDonald's, but when they got to the "fries" question, they
phrased it as, "Don't you not want to not have fries with that?" Then, no matter how you
answered that ridiculous triple negative, they told you, "By pulling forward to the next window,
you are agreeing to buy fries" and shoved them into your car anyway, claiming, "No, you said
you wanted them, so now you have to pay for them. No take-backs!" Also, the fries are poison.
And it's because of dishonest, misleading bullshit like this that we look at even reputable
programs with distrust. Even the ones that aren't spam are viewed as such because they're using
the same "bundle this with other software" approach that has been completely stripped of trust
and legitimacy by the advertising equivalent of kidnappers.
Yeah, right! "Google?" If you're going to make up words, at least make them sound believable.
#4. Free Samples
Photos.com
Back in ancient times when "Instant Access Internet CD Roms" littered your desk and your
pager was blowin' up from some sweet Tenderoni all up on your tip, we had a simple sales
mechanic that served us pretty damn well. Software makers would release their program for free,
and if you liked it, you could buy it. Sometimes, it came in the form of freeware that limited
functionality until you paid. Other times, the program was on a timed trial, shutting down after
so many uses or days and starting back up when you paid for a license. We still have that now,
but the difference is that back then (a whole 15 years ago), we could click the download link
without having to put in an hour's worth of research to make sure it wasn't about to ad-fuck our
computer into a coma.
Photos.com
"OK, just five or six more hours, and the fungal cultures should give us more info on the distributor."
Up until the early 2000s, I don't remember paying for a single program -- and no, I'm not talking
about pirating that shit. Everything on my computer from antivirus to word processing to photo
editing was all freeware or trial-based. But do me a favor real quick: Go on Google, search for a
random malware cleaner and install one you've never heard of.
Wait, don't actually do that. For your computer, that's the equivalent of having an unprotected
dick fight with General Herpes Wartcock. See, just like the toolbar example, spammers (being
the soulless pig fuckers that they are) realized that people like free things. So they'd either buy
out small time programs that were already gaining popularity, or they'd mimic successful
programs and games like Angry Birds and plant their blatantly destructive "aggressive
advertising" bombs within those.
Photos.com
"No, it's the same thing, man. Look how pissed off he is."
And we just kind of roll with it now, like, "Hey, it's free, of course it will give your computer
cancer." Really? When is the last time you went to the grocery store and refused a free sample of
something because you were afraid it might cause your limbs to stop working? Or maybe you did
try it, but as soon as you went back to shopping, you were stopped every couple of seconds by a
representative of every product you walked past? Following you home, screaming the name of
their product in your face while you tried to drive?
Seriously, why don't people go to jail for this? It has ruined trust to the point that many of us
simply avoid free samples at all costs. Until these things have been through a round of customer
reviews, been scanned by anti-malware and antivirus programs, been recommended by reputable
computer geeks and dragged through miles of various poking and prodding tests, our default
state is to assume they're poison. And that doesn't bode well for the actual legitimate small time
programmers who are just trying to get their name out there. Or for us as consumers, who would
very much like to give those guys a chance ... and, yes, to get some free shit.
Photos.com
"I'm not opening that, Mom. I know you filled it with bees."
#3. Email
Photos.com
A certain percentage of all human communication is sales pitches -- even before people had
phones, dudes would show up at their door selling snake-oil cures and horse boosters. But email
is almost entirely spam -- 88 to 92 percent of all messages. For those of you who aren't good
with numbers, that's almost goddamn all of them.
For this reason, I don't know anyone who has just one email address. Most people have a primary
that they only give out to important contacts, and several more that they use to sign up for shit.
That way, when they invariably start receiving messages about how to grow more hair and a
bigger cock, who cares? You'll never log in to that Hotmail account to ever see them.
Photos.com
Or at the very least, you'll know to take precautions when you do.
Has there ever been a means of communication that was just totally hijacked by scammers like
this, to the point that they absolutely own the medium? How many of you have a separate phone
line set up to catch just telemarketers? Or a separate mailbox to catch junk mail? Or a separate
home to distract door-to-door salesmen? I'm guessing not many.
And this isn't like complaining that there are too many commercials during the Super Bowl -- we
need email, it's how approximately 100 percent of us do business now.
Yet we find ourselves having to trash accounts as they become too visible to spammers -- they'll
reach a critical mass of bullshit that just makes them unusable. You can't even tell somebody
your address -- if you post it on a forum, blog, website -- anywhere that is accessible by the
public eye -- then spammers will find it and inundate it. If you're posting it in public, you have to
spell it all out so the crawlers can't find it (like, "meatwhip at flopwhopple dot com"). It's like
spelling out dirty words around a 3-year-old child.
Of course, we do have spam filters and junk folders to help thin it all out, but the protection itself
is one of the many ways spammers have fucked over the basic function of an email. Is there a
single person reading this article who hasn't heard the phrase, "You didn't get my email? Huh, I
sent it yesterday. Check your junk folder." Meanwhile, the main inbox is still filled with so much
broken English, it looks like some straight-up Tower of Babel shit.
Via Horriblest.com
And here's the thing: These are businesses, people who need us to like and trust them enough to
buy their product. If any real business did this shit in real life, you'd not only boycott their
product, but you'd throw elbows into the bridge of their nose until they could smell their own
hell-bound soul.
Photos.com
And you would also be polar bears.
Read more: http://www.cracked.com/blog/5-things-spammers-ruined-while-we-werent-payingattention/#ixzz2lCgqgZl7
Marketing Pilgrim Channel Sponsorships
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best way is to contact us right now. We would be happy to discuss the options we have available to help
you get your message to our readers.
Need more information?
OK, we understand that. Here is some quick data for you consider in making this important decision for
your business.
What is a channel?
Simply put a channel is a grouping of posts from Marketing Pilgrim that are about a particular subject
area. We have many channels to choose from and we work with our sponsors to fit them in the right
one for their message.
CHANNELS INCLUDE*: Social, Search, Mobile, Video, Content Marketing, Email Marketing, Inbound
Marketing, Online Reputation, Analytics, Legal, Affiliate, Display Advertising, Infographics, Retail,
Research, and General News
*Channels subject to availability and options may change
What is a Channel Sponsorship?
When you sponsor a channel you are given the opportunity to frame our content with your message. All
of our packages include the following ad sizes and positions.
Channel Heading: Appears at the top of the channel and each full post within
that channel will be your logo, your message and a “no follow” link for conversion.
300 x 250 Ad: Appears at the top of the right hand column of all pages related to your channel
180 x 150 Ad: Appears on every page of Marketing Pilgrim and rotates position’s in the right hand
column. It will also appear in rotation between post snippets #2 and #3 on the home page.
468 x 60: Appears at the end of each post in your channel.
Wait, there’s more ………
Getting your ads in front of the right people is helpful. We agree! But what else would you like
to convey to prospects and customers alike? Thought leadership.
We give you a chance to exhibit your knowledge with the chance to produce up to two (2) posts per
month to be part of the regular post offerings of Marketing Pilgrim. These are not advertorials. That’s
not helping anyone. No, instead these are a chance to showcase your knowledge of your subject matter
area and help people see that behind those ads are smart people.
Marketing Pilgrim holds final editorial say and most links are “no followed” so we can maintain the
integrity of our editorial position. A small ‘price’ to pay to have your content appear on a blog that is
consistently it the Top 15 of Advertising Age’s Power150.
Just the Facts Please
Well, you’ve read this far. You probably have more questions about Marketing Pilgrim. OK, well it’s at
this point that we would like to speak with you.
Why? It’s pretty simple and straight forward. If you contact us to learn more then we know you may be
serious about working with us. But more importantly, we can talk with you to learn exactly what your
needs are and then we can craft a package that works for your business. We are not salespeople, we
identify the best fits for your needs, our readers needs and our blog’s well being.
So CONTACT US TODAY. We’ll be happy to discuss how we can work together to help your brand move
the needle.
Consumers Get Wiser to Behavioral Targeting Ways
posted on AUGUST 17, 2011
There is a clothing store, Syms, that has forever had the tagline for their advertising “An Educated
Consumer Is Our Best Customer”. A noble idea indeed and one that implies that the more a consumer
knows about what they are looking to do the better decisions they will make. In the retail industry, that
can make a lot of sense and can help the right retailer.
Now, take that same mindset to the behavioral targeting world and there may be some consternation at
the idea of a consumer knowing just how much advertisers know about them. This semi-secretive
agenda is the game that behavioral advertisers and providers have to play all the time because the
perfect world for them would be one where the consumer doesn’t know squat about what an advertiser
knows about them and doesn’t care.
A recent Harris study as reported by eMarketer shows that consumers are indeed becoming more
educated.
This continued educating of the online consumer is also starting to shape their views of the online
advertising world and just how they interact with it. The following chart shows just how widespread the
“I’m not giving information to you” mindset is spreading.
What can happen if someone is caught committng a cybercrime?

Cas asked 3 months ago
Was originally asked on Yahoo Answers Australia
best answer gets 10 points.
Best AnswerVoter's Choice

Even Furries need love answered 3 months ago
It really depends on the crime and locations.
Because hacking into a facebook or an email account is a crime but it's penalties are a lot less than
hacking into a government or a financial institution's server.
Because it varies a lot on where you are when the crime was committed and how many jurisdictions you
crossed while hacking. Ei if you hack a server in a another country, you've got to answer to that
country's laws, International laws and your own country's laws. Also, I'm always quick to assume that a
brand new account it really just for trolling and that your question isn't serious.
That and everyone who's used Yahoo! Answers correctly for more than 10 minutes already know that 10
points will go to either the best answer picked by the asked (you) or will be voted on by the Yahoo!
Answers community (which tends to happens a lot when a question get's abandoned). So there really is
no reason to advertise that, it's already assumed.

Judge Julie answered 3 months ago
What can happen? Are you engaged in committing cyber-crimes right now? If you are you'll soon find
out - as the police arrest you, and take your computer in for evidence. Are you a smart guy/gal and do it
at the library or some other persons computer? If not - then you'll be spending a lot of time waiting for a
trial (as you'll do 6 months in jail) unless you are committing bank or retail fraud and have a lot of cash
stashed for your lawyers fees and bond. Good Luck, smarty pants!
Is this Marketing Research – survey conspiracy really above the law or does it fall under a little utilized
Provision of the Rico Act regarding wire fraud and wire tapping

Katey answered 3 years ago
You have to be a real criminal to have serious views on RICO, but it doesn't bother me. What it
does is allow the FBI or others to charge a group of people for a crime instead of charging one
person. If Al Capone murders someone, the FBI can arrest the Al Capone Gang and charge them
with the murder. That way even the Accountant ends up paying something for the murder.
Organized criminals would not agree with RICO since they will probable deny there is an
organization that does crime in which they are a member of. The Govt then usually has to prove
that there is such an existing corporation, association etc. among these specific criminals and the
crime was committed for the benefit of the corporation, association etc. In White Collar crime, it is
usually easier to prove since these criminals actually are incorporated and one Director's action
to benefit all the directors can make a RICO case. This can be good if you lost all your money in
stock shares and the Corporate Head will also being going to jail, instead of his/her flunky taking
all the charges.
As this awareness continues to grow it is likely so will the sentiment to keep things as private as possible
even if that privacy is a mere illusion (which let’s face it, it is). Advertisers are going to need to be much
more aware of the level of consumer knowledge about just how they get their messages in front of the
right people at the right time.
Would you say that in the behavioral targeting world, an educated consumer is the best customer?
2C:20-4. Theft by Deception
A person is guilty of theft if he purposely obtains property of another by deception. A person
deceives if he purposely:
a. Creates or reinforces a false impression, including false impressions as to law, value, intention or
other state of mind, and including, but not limited to, a false impression that the person is soliciting or
collecting funds for a charitable purpose; but deception as to a person’s intention to perform a
promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
b. Prevents another from acquiring information which would affect his judgment of a transaction; or
c. Fails to correct a false impression which the deceiver previously created or reinforced, or which
the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential
relationship.
The term “deceive” does not, however, include falsity as to matters having no pecuniary significance,
or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group
addressed.
What is extortion, racketeering, and obstruction of justice?

Q asked 4 years ago
Answer
Best Answer Asker's Choice Jeff Wisdom answered 4 years ago
Extortion usually refers to receiving "protection money”. Racketeering is making ilicit funds from organized
crime such as illegal gaming, prostitution rings, money laundering, smuggling etc...And obstruction of
justice (when it pertains to mafia figures) is usually threatening someone not to testify or attempting to buy
judges or jurors or key witnesses thus impeding the process of the justice system.
Asker's rating & comment
thank you
Wire fraud vs. wiretapping
Fair Advertising FAQ: A Guide for Small Business
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Download article as a PDF
Q: What truth-in-advertising rules apply to advertisers?
A: Under the Federal Trade Commission Act :

advertising must be truthful and non-deceptive;

advertisers must have evidence to back up their claims; and

advertisements cannot be unfair.
Additional laws apply to ads for specialized products like consumer leases, credit, 900 telephone
numbers, and products sold through mail order or telephone sales. And every state has consumer
protection laws that govern ads running in that state.
Q:What makes an advertisement deceptive?
A: According to the Federal Trade Commission Act and the Federal Trade Commission (FTC), an ad is
deceptive if it contains a statement - or omits information - that:

is likely to mislead consumers acting reasonably under the circumstances; and

is "material" - that is, important to a consumer's decision to buy or use the product.
Q: What makes an advertisement unfair?
A: According to the Federal Trade Commission Act and the FTC, an ad or business practice is unfair if:

it causes or is likely to cause substantial consumer injury which a consumer could not reasonably
avoid; and

it is not outweighed by the benefit to consumers.
Q: How does the FTC determine if an ad is deceptive?
A: A typical inquiry follows these steps:

The FTC looks at the ad from the point of view of the "reasonable consumer" - the typical person
looking at the ad. Rather than focusing on certain words, the FTC looks at the ad in context -words, phrases, and pictures -- to determine what it conveys to consumers.

The FTC looks at both "express" and "implied" claims. An express claim is literally made in the ad.
For example, "ABC Mouthwash prevents colds" is an express claim that the product will prevent
colds. An implied claim is one made indirectly or by inference. "ABC Mouthwash kills the germs
that cause colds" contains an implied claim that the product will prevent colds. Although the ad
doesn't literally say that the product prevents colds, it would be reasonable for a consumer to
conclude from the statement "kills the germs that cause colds" that the product will prevent
colds. Under the law, advertisers must have proof to back up express and implied claims that
consumers take from an ad.

The FTC looks at what the ad does not say -- that is, if the failure to include information leaves
consumers with a misimpression about the product. For example, if a company advertised a
collection of books, the ad would be deceptive if it did not disclose that consumers actually
would receive abridged versions of the books.

The FTC looks at whether the claim would be "material" -- that is, important to a consumer's
decision to buy or use the product. Examples of material claims are representations about a
product's performance, features, safety, price, or effectiveness.

The FTC looks at whether the advertiser has sufficient evidence to support the claims in the ad.
The law requires that advertisers have proof before the ad runs.
Q:What kind of evidence must a company have to support the claims in its ads?
A: Before a company runs an ad, it has to have a "reasonable basis" for the claims. A "reasonable basis"
means objective evidence that supports the claim. The kind of evidence depends on the claim. At a
minimum, an advertiser must have the level of evidence that it says it has. For example, the statement
"Two out of three doctors recommend ABC Pain Reliever" must be supported by a reliable survey to that
effect. If the ad isn't specific, the FTC looks at several factors to determine what level of proof is
necessary, including what experts in the field think is needed to support the claim. In most cases, ads
that make health or safety claims must be supported by "competent and reliable scientific evidence" -tests, studies, or other scientific evidence that has been evaluated by people qualified to review it. In
addition, any tests or studies must be conducted using methods that experts in the field accept as
accurate.
Q: Are letters from satisfied customers sufficient to substantiate a claim?
A: No. Statements from satisfied customers usually are not sufficient to support a health or safety claim
or any other claim that requires objective evaluation.
Q: My company offers a money-back guarantee. Very few people have ever asked for their money back.
Must we still have proof to support our advertising claims?
A: Yes. Offering a money-back guarantee is not a substitute for substantiation. Advertisers still must
have proof to support their claims.
Q: What kind of advertising claims does the FTC focus on?
A: The FTC pays closest attention to:

ads that make claims about health or safety, such as:
ABC Sunscreen will reduce the risk of skin cancer.
ABC Water Filters remove harmful chemicals from tap water.
ABC Chainsaw's safety latch reduces the risk of injury.

ads that make claims that consumers would have trouble evaluating for themselves, such as:
ABC Refrigerators will reduce your energy costs by 25%.
ABC Gasoline decreases engine wear.
ABC Hairspray is safe for the ozone.
Ads that make subjective claims or claims that consumers can judge for themselves (for example, "ABC
Cola tastes great") receive less attention from the FTC.
Q: What penalties can be imposed against a company that runs a false or deceptive ad?
A: The penalties depend on the nature of the violation. The remedies that the FTC or the courts have
imposed include:

Cease and desist orders. These legally-binding orders require companies to stop running the
deceptive ad or engaging in the deceptive practice, to have substantiation for claims in future
ads, to report periodically to FTC staff about the substantiation they have for claims in new ads,
and to pay a fine of $11,000 per day per ad if the company violates the law in the future.

Civil penalties, consumer redress and other monetary remedies. Civil penalties range from
thousands of dollars to millions of dollars, depending on the nature of the violation. Sometimes
advertisers have been ordered to give full or partial refunds to all consumers who bought the
product.

Corrective advertising, disclosures and other informational remedies. Advertisers have been
required to take out new ads to correct the misinformation conveyed in the original ad, notify
purchasers about deceptive claims in ads, include specific disclosures in future ads, or provide
other information to consumers.
Q: What can my company do if a competitor is running an ad that I think is deceptive?
A: You can:

Explore your legal options under federal and state statutes that protect businesses from unfair
competition. For example, the Lanham Act gives companies the right to sue their competitors
for making deceptive claims in ads.

File a complaint with the National Advertising Division (NAD) of the Council of Better Business
Bureaus, if your competitor's ad is running nationally or regionally. The NAD is a private, selfregulatory group affiliated with the BBB. It investigates allegations of deceptive advertising and
gives advertisers a mechanism for resolving disputes voluntarily.

Call your local BBB or file an online complaint with the Better Business Bureau if the ad is local.
Many BBBs have procedures for resolving disputes between businesses.

Contact the radio station, television station, or publication where the ad ran. Let them know
that they're running an ad you think may be deceptive.

Contact your state Attorney General's Office or your city, county, or state Office of Consumer
Affairs. To get their phone numbers, check your telephone directory.

Contact the FTC. By mail: Federal Trade Commission, Consumer Response Center, 600
Pennsylvania Avenue, NW, Washington, DC 20580; by telephone: toll-free 1-877-FTC-HELP.
Q: If my company files a complaint about a competitor with the FTC, will the FTC resolve the dispute?
A: The FTC is authorized to act when it appears that a company's advertising is deceptive and when FTC
action is in the public interest. Although the FTC cannot intervene in an individual dispute between two
companies, the agency relies on many sources - including complaints from consumers and competitors to find out about ads that may be deceptive. To file a complaint against a competitor who you believe
has engaged in false advertising, contact:
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, NW
Washington, DC 20580
Toll-free 1-877-FTC-HELP (382-4357)
Q: Can I find out if the FTC already has an investigation against a company?
A: The FTC can tell you if it has already taken formal action (e.g., filed or settled a lawsuit) against a
particular company or against similar kinds of advertisements or products. But the FTC cannot disclose
whether an investigation is going on. To find out if a company or product has been the subject of a
recent FTC action, search the FTC's website (www.ftc.gov).
- See more at: http://smallbusiness.findlaw.com/business-operations/fair-advertising-faq-a-guide-forsmall-business.html#sthash.bVo6VFsq.dpuf
http://smallbusiness.findlaw.com/business-operations/advertising-and-marketing.html
Social and behavioral targeting - consumer protection
Bankruptcy Abuse Prevention and Consumer Protection Act
I espied the enemy and he is us…………………Pogo comic strip
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