HOME

TheInfoList



OR:

Post-transaction marketing is a deceptive
marketing Marketing is the process of exploring, creating, and delivering value to meet the needs of a target market in terms of goods and services; potentially including selection of a target audience; selection of certain attributes or themes to emph ...
practice used by many companies, which have then been subject to investigation, charges from state
attorneys general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, and
class action lawsuits A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action ...
. According to a
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
staff report, this practice presents "highly aggressive sales tactics
hich Ij ( fa, ايج, also Romanized as Īj; also known as Hich and Īch) is a village in Golabar Rural District, in the Central District of Ijrud County, Zanjan Province, Iran Iran, officially the Islamic Republic of Iran, and also ...
charge millions of American consumers for services the consumers do not want and do not understand they have purchased." It reports that consumers involuntarily spent $1.4 billion
USD The United States dollar (symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official ...
due to these practices, US$792 million of that paid to the third-party sites which presented services paid for by post-transaction marketing. The report concluded that such marketing practices "exploit consumers' expectations about the online 'checkout' process." It stated that their "Misleading 'Yes' and 'Continue' buttons cause consumers to reasonably think they are completing the original transaction, rather than entering into a new, ongoing financial relationship with a membership club."


Mechanics of the practice

The Senate report identified "data pass", or the automatic transfer from the merchant after the transaction of the customer's credit card information. Information provided by the
Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...
and the
National Association of Attorneys General The National Association of Attorneys General (NAAG) is a 501(c)(3) nonprofit organization of state and territory attorneys general in the United States. NAAG is governed by member attorneys general, with a president and executive committee se ...
, and information collected from telephone billing has found that requiring the entry of credit card information will decrease the likelihood that a customer will enter a transaction by a factor of 3 or 4. Therefore, companies will use the automatic transference of this information which will induce consumers to involuntarily provide their credit card information to merchants which they were otherwise unwilling to transact with. It also reported that post-transaction marketers will pay a US$10 to US$30 "bounty" for a customer's enrollment in a membership club. The report also identified low consumer awareness of their involuntary memberships to these clubs, and cites numerous consumer complaints. It also presents companies' training scripts for customer service staff response to such complaints, especially those from individuals unaware of their enrollment. It also identifies high cancellation rates as evidence that these subscriptions were unwanted. In addition, it identified unscrupulous efforts to protect merchants against legitimate consumer complaints by labeling it as a "strict no-no" to refer customers to the providers of the services which they were involuntarily enrolled in, and quotes a variety of complaints from merchants who were concerned about these deceptive practices.Deception in Post-Transaction Marketing
/ref>


Participating companies

Senator Rockefeller held a hearing regarding aggressive sales tactics used by companies. Hundreds of popular companies, most notably
Intelius Intelius, Inc. is a public records business headquartered in Seattle, Washington, United States. It provides information services, including people and property search, background checks and reverse phone lookup. Users also have the ability to pe ...
, will, in an effort to increase the profit of the transaction, provide something to the consumer immediately after the purchase on the site. Consumers are typically provided with cash back for simply pressing a confirmation button. However, when they do, their credit card information is automatically submitted to a third-party marketing company, which signs the customer up for a package of useless services. These practices have been utilized by major companies, including
1-800-Flowers.com 1-800-Flowers.com, Inc. is a flower, floral and foods gift retailer and distribution company in the United States. The company's focus, except for Mother's Day and Valentine's Day, is on gift baskets. They also use the name ''1-800-Baskets.com' ...
,
Buy.com Rakuten.com/shop was an e-commerce marketplace based in San Mateo, California. Previously known as Buy.com, it was founded in 1997 by Scott Blum. In 2010, it was purchased by Japanese company Rakuten, and rebranded as Rakuten.com.Claire Cain Mil ...
,
Classmates.com classmates.com is a social networking service. It was founded on November 17, 1995 by Randy Conrads as Classmates Online, Inc. It originally sought to help users find class members and colleagues from kindergarten, primary school, high school, ...
, ColumbiaHouse, Confi-Check,
Expedia Expedia Inc. is an online travel agency owned by Expedia Group, an American online travel shopping company based in Seattle. The website and mobile app can be used to book airline tickets, hotel reservations, car rentals, cruise ships, and vacat ...
, FTD,
Fandango Fandango is a lively partner dance originating from Portugal and Spain, usually in triple meter, traditionally accompanied by guitars, castanets, or hand-clapping. Fandango can both be sung and danced. Sung fandango is usually bipartite: it has ...
,
Hotels.com Hotels.com is a website for booking hotel rooms online and by telephone. The company has 85 websites in 34 languages, and lists over 325,000 hotels in approximately 19,000 locations. Its inventory includes hotels and B&Bs, and some condos and oth ...
,
Hotwire Hotwire or hot wire may refer to: Technology * Hot-wiring, a method of starting a car with no key * Hot-wire foam cutter, a tool used to cut foam and polystyrene * "Hot" wire, a wire conductor with non-zero potential in electric power distribution ...
, InQ, Intelius, MovieTickets.com,
Orbitz Orbitz.com is a travel fare aggregator website and travel metasearch engine. The website is owned by Orbitz Worldwide, Inc., a subsidiary of Expedia Group. It is headquartered in the Citigroup Center, Chicago, Illinois. Background Origina ...
,
Priceline Priceline may refer to: *Priceline.com, a commercial website which helps users obtain discount rates for travel-related items such as airline tickets and hotel stays *The Priceline Group, a provider of online travel & related services, and a parent ...
, RedcatsUSA,
Shutterfly Shutterfly, LLC. is an American photography, photography products, and image sharing company, headquartered in Redwood City, California. The company is mainly known for custom photo printing services, including books featuring user-provided ima ...
,
Travelocity Travelocity.com is an online travel agency owned by Expedia Group. It has 12.4 million monthly unique visitors, making it the third most popular website owned by Expedia Group, after Expedia.com and Hotels.com. One of the pioneers of web-based di ...
, US Airways, and
VistaPrint Vistaprint is a Dutch global, e-commerce company that produces physical and digital marketing products for small businesses. Vistaprint was one of the first businesses to offer its customers the capabilities of desktop publishing through the int ...
, profiting at over US$10 million each.The Post Transaction Marketing Wall Of Shame: Hundreds Of Well Known Ecommerce Sites Rip Off Customers , TechCrunch
/ref> Classmates.com profited greater than US$70 million. The three largest companies engaging in these practices are Affinion,
Vertrue Vertrue Incorporated, headquartered in Norwalk, Connecticut, is an American consumer services marketing company. The company again received an "F" from the Better Business Bureau for making unauthorized charges to its customers' credit cards. ...
and Webloyalty.
"Senate Cracks Down on Sneaky Membership Club Dues."
(Video). The Today Show.
The report notes that these three companies have profited greater than US$1.4 billion. There are currently 4 million people enrolled in these plans. 450 or more e-commerce sites have joined the fraud, said the report, 88 of which have received at least US$1 million. The websites can earn up to US$2,600 per thousand visitors, with a conversion rate up to 4.5%. It was noted that these scams have significant similarities to the Scamville social gaming fraud. The companies which do not engage in these tactics, such as Scamville, are at a disadvantage. They earn less income, which means that advertising costs could overpower profits. Therefore, companies are forced into the practice, or out of business. A Supplemental Staff Report released in May 2010 starts the exploration of efforts by post-transaction marketers to avoid refunds. One of these efforts is using scripts, which are in place in order to minimize the amount returned to consumers and refused to refund, unless the consumer specifically demands a refund. Another practice is to deliberately avoid informing consumers that they have multiple memberships, even when they call to report one such membership.


References

{{reflist


Additional sources



* Media Maverick - CNET News
Intelius and the Dubious Art of "Post-Transaction Marketing" - Page 1 - News - Seattle - Seattle Weekly


Marketing techniques Consumer fraud