by Mike Masnick

Filed Under:
ad campaign, punked, stalking, viral marketing


Court Says Woman Can Sue Toyota After Being Tricked Into 'Agreeing' To Be 'Stalked' In Ad Campaign Gone Really Wrong

from the eulas-are-not-all-powerful dept

Two years ago, we wrote about how Amber Duick was suing Toyota for their ridiculous ad campaign that allowed people to totally freak out their friends by entering some info about them, and then having that friend be fake "stalked" by someone creepy who would start emailing, texting and calling the person, pretending to be planning to come to their house to stay with them. It was a bad idea all around, done by an ad agency who made the idiotic decision that young men like to "punk" their friends. And, of course, to make it seem "legit," Toyota would trick the victim into "agreeing" by having something totally different sent to them (a personality test) from the friend, which has really broad terms of service.

Toyota sought to dismiss the case, by saying that Duick had agreed to these terms. However, as we predicted when the lawsuit was filed, that agreement isn't standing up in court. The court has rejected Toyota's argument, and is allowing Duick's lawsuit to go forward against Toyota and others associated with the campaign.

The question I'm still trying to answer is what sort of thought process leads anyone to think this kind of campaign is a good idea?

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