Bogus Diet Patch Company Gets Away By Blaming Affiliates
from the sketchy-sketchy dept
The FTC has apparently decided to settle with a company that was pitching bogus diet patches online. They gave them a small fine, but it's for much less than the total amount they made off the stuff. There appear to be two claims here: one was that they violated CAN SPAM, and the second was that they violated the FTC Act since the patches didn't actually do anything. However, from the sound of the settlement, it appears that the company tap danced its way out of the spamming charge by pointing out that the FTC couldn't prove they did the spamming, since they had "affiliates" do the spamming for them. It appears the FTC has realized that the company was right. Despite the fact that the company was probably pushing others to do the spamming for it, if they didn't do the actual spamming, should they be held liable for spamming? Of course, there's also the followup. If they know it was the affiliates, then why not go after those affiliates as well? That should scare off some of these spammers from signing up for affiliate programs.