Attorney General Madigan Files Suit Against local affiliate marketer



It will be interesting to see how these cases evolve

I too find it puzzling that the large Networks were NOT involved:

Did Harpo leave out the networks from the lawsuit because of their ignorance over how affiliate marketing works? A little hard to believe that a bit of due dilligience didn't uncover this.

OR --

Did they leave out the networks because they want to be allies with them right now and get more information from them to proceed with their case. They could add them in later after they've gotten the affiliate info they are after.

***Also, the Illionois AG most likely can go after any company /marketer that has done business with a CONSUMER residing in Illinois. Doesn't matter where the affiliate marketer/network/acai berry product company resides. If someone clicked and bought from your ad and this buyer happens to live in IL, the AG may have jurisdiction. Just my humble opinion, but I've seen this happen in other situations.
 
WF4me said:
Did they leave out the networks because they want to be allies with them right now and get more information from them to proceed with their case. They could add them in later after they've gotten the affiliate info they are after.
Click to expand...

Please elucidate, titilate, and don't be boilerplate.
 
mkrongel said:
i wonder who the 40 internet marketers are.
Click to expand...

1. Defendant FWM Laboratories, Florida supplier of Maximum ResV, ACAI X3, Acai Berry Detox, Resveratrol Ultra, ResMelts, Colon Max and Resvie. websites & affiliate marketing
2. Defendant CPX Interactive LLC, New York advertising with banner ads
3. Defendant Netalab Corp, Florida supplier Pure ResV Pro, South Beach Java, Acai Energy and RezV Advance. websites and affiliate marketing
4. Defendant Gillmap Limited a/k/a Natures Perfection, Iowa & Idaho suppier of ACAI Burn, Pure ResV and Colon Revitalize.interactive websites and affiliate marketing
5. Defendant MiniRED UAB, California supplier of Acai Ultimate, Power Colon Cleanse and Vital RezV. websites and affiliate marketing
6. Defendant Nutra Lane LLC a/k/a GNS Global LLC, Nevada and Colorado. supplier of Acai Berry Elite, ACAI Edge, Res Ver XP and ResV. websites and affiliate marketing
7. Defendant Central Coast Nutraceuticals a/k/a CCN Inc, Arizona. supplier of Acai Pur, Acai Power Blast, and Acai Blast. websites and affiliate marketing.
8. Defendant Pure Nutrients, New York, supplier of Natural Cleanse. websites and affiliate marketing.
9. Defendant B67 Nutra Pure Systems a/k/a 96R Pure Nature Products a/k/a P67 Wie Natural Products LLC, (location unidentified) suppliers of ResV Pure. websites and affiliate marketing
10. Defendant SFL Nutrition, Florida, supplier of Acai Berry Supreme, Total Cleanse, Colon xR and Colon rX. websites and affiliate marketing
11. Defendant Acai Berry Breeze, Arizona, supplier of Acai Berry Breeze and UltraSlim XS. websites and affiliate marketing
12. Defendant Life Fit Labs LLC, Michigan, supplier of Colon Cleanse, Colon Cleanse Pro, Probiotic Complete and Goji Trim Pro. websites and affiliate marketing
13. Defendant Rejuvenate Worldwide, Texas, supplier of Certified Resveratrol, Colon Pro Cleanse and Miracle Resveratrol. websites and affiliate marketing
14. Defendant HealthBuy a/k/a Health Buy Ltd, California, supplier of Acai Berry Select and Resveratrol Select. websites and affiliate marketing
15. Defendant Physical Enhancement Labs, Oklahoma, supplier Acai Berry Blast and Acai Blast. websites and affiliate marketing
16. Defendant MyColonRelief, California, supplier of My Colon Relief, websites and affiliate marketing
17. Defendant XM Lab LLC a/k/a rX Labs (location unidentified) supplier of Acai Flush, ResV Ultra. websites and affiliate marketing
18. Defendant Rauscher Bekke, LLC a/k/a ResVLife LLC a/k/a Res-V-Life, Inc, Florida, supplier of Dermapril, Dermapril-SP and ResVL Life. websites and affiliate marketing
19. Defendant Body Solution, California, supplier of Body Solution and Striation. webistes and affiliate marketing
20. Defendant 456 Vital Health Systems LLC a/k/a FCM Performance Health USA a/k/a AEG Partners Ltd, Utah, supplier of ResV Pro. websites and affiliate marketing
21. Defendant JDW Media, LLC Idaho, supplier of Pure Cleanse and Acai Ultra Burn. websites and affiliate marketing
22. Defendant Pure Vitamins, New York, supplier of Phosphacore and Eternal RezV. websites and affiliate marketing
23. Defendant XLENT Health, Wisconsin, supplier of Res-V and Energai. websites and affiliate marketing
24. Defendant Organica Research LLC, Colorado, supplier of Ultimate Colon Cleanse websites and affiliate marketing
25. Defendant Incline Health Ltd, Texas, supplier of ResV Daily, Acai Fuel Extreme and Acai Fuel Cleanse. websites and affiliate marketing
26. Defendant Health Technology, California, supplier of Acai Away and Youth ResV. websites and affiliate marketing
27. Defendant Natural Source Store LLC, Florida, supplier of Cosmetyn. websites and affiliate marketing
28. Defendant 0841092 B.C. Ltd, New Jersey, supplier of Resvermax, Premium Acai Berry, Slim Berry and Procolo. websites and affiliate marketing
29. Defendant Bottom Two Investments a/k/a Nutra Foods, Delaware supplier of Acai Resolution, Acai Nutraburst, RezEX, Maqui Nutraburst and Exilatrol. websites and affiliate marketing
30. Defendant HealthRezV, LLC a/k/a HealthRezV, California, suppliers of HealthRezV websites and affiliating marketing
31. Defendant Healthy Colon, Inc a/k/a Healthy Colon LLC, (location unidentified) supplier of Body Flush websites and affiliate marketing
32. Defendant Redux-V Holdings Inc a/k/a Redux Holdings Inc a/k/a Naturade Inc, California, supplier of Redux-V websites and affiliate marketing
33. Defendant Easy White, Inc a/k/a Easy White Labs, Florida, supplier Easy White websites and affiliate marketing
34. Defendant Jet Processing, Florida, supplier of Acai Natura Burn websites and affiliate marketing
35. Defendant Monavie AS, LLC a/k/a Monavie Holdings International LLC a/k/a Monaive LLC a/k/a Monavie, Utah, supplier of Monavie ( Acai Berry ) websites and affiliate marketing
36. Defendant Brazilian Basics, Maine, supplier of Acai Energy websites and affiliate marketing
37. Defendant L-avenir, New Jersey, supplier of Cellutone websites and affiliate marekting
38. Defendant Ultra Green Products LLC a/k/a Ultra Green Products, Florida, supplier of Goji Raw and Resveratrol Lifeline. websites and affiliate marketing
39. Defendant Rez-Berries a/k/a RezActiv a/k/a Res Q, Colorado, supplier of Rez Activ websites and affiliate marketing
40. Defendant Crush LLC, Utah, supplier of Acai Berry 500 websites and affiliate marketing
41. Defendant 3V Marketing LLC, Maine, supplier of Acai Advance and Acai Advanced websites and affiliate marketing
42. Defendant James Russel, Connecticut, websites
43. Defendant Mike Johnson, California, websites
44. Defendant David Dube, Vermont, websites
45. Defendant Katherine Clements, Minnesota, websites
46. Defendant Pawel Reszka, Illinois, websites
47. Defendant Mike Koens, California, websites
48. Defendant Touvan Sughiarto, California, websites
49. Defendant Ryan Bukevicz, Pennsylvania, websites
50. Defendant Mark Swartz, New Jersey, websites
51. Defendant Matthew Kelly, New York, websites
52. Defendant Sidney Fein, New York, websites
53. Defendant John Doe & ABC Companies 1-500 (meaning 500 defendants not specifically identified) are affiliates, marketers, suppliers, manufacturers, and suppliers of said products through websites.
 
35. Defendant Monavie AS, LLC a/k/a Monavie Holdings International LLC a/k/a Monaive LLC a/k/a Monavie, Utah, supplier of Monavie ( Acai Berry ) websites and affiliate marketing, Monavie is a seller no free trial as i know.
 
First I had seen of this... I have been out of comission on and off for a while....

Interesting thing was when I came back after being sick for a long time, I contacted a lot of different AM's to ask about offers, and every single one of them pushed Acai berries to me... I didn't bite, for a variety of reasons...

I find the whole thing interesting, because there are some potential outcomes that will negatively hurt us all. A lot of the stuff that caused this to happen were out of bounds, and I have no sympathy. Most of the stuff people are being called on are things the FTC have called people out on in other advertising mediums, so this is not new ground. It just means that the government has essentially got up to the internet and the internet is now a traditional medium instead of some sort of cutting edge new technology.

I think the outcome of this is going to impact all affiliate marketers in a negative way, regardless of what you do. Sure everyone should be more responsible, but it would have been nice if we did this before.

All kinds of issues are being brought up here that could be really harmful to a lot of people here and likely will not be properly defended in this case, because the defendants will be fighting for their life, and not worried about the impact of even using trademarked terms in any capacity at all, for example.

I have never had a flog landing page, or fake testimonials and the rest, but wouldn't there be some proper disclosure that would be acceptable to allow you to do this? Like people have said you will often see actors in commercials. One of the TV Newsmagazines did a deal on one of the tv marketers and all the people they had on air were hired actors.

One side note.. The first thing I thought when I saw the Azoogle term changes were the had to have a reply function available if you have comments. Seems easy to me. It didn't say you actually had to approve those comments for publication.

Again, never done any of this stuff myself, I am just concerned about the broader potential impact on the industry.
 
aeiouy said:
All kinds of issues are being brought up here that could be really harmful to a lot of people here and likely will not be properly defended in this case, because the defendants will be fighting for their life, and not worried about the impact of even using trademarked terms in any capacity at all, for example.

I have never had a flog landing page, or fake testimonials and the rest, but wouldn't there be some proper disclosure that would be acceptable to allow you to do this? Like people have said you will often see actors in commercials. One of the TV Newsmagazines did a deal on one of the tv marketers and all the people they had on air were hired actors.
Click to expand...

I wonder how the AG plans to attack Acai Nutraburst when her research team can't even run a simple whois lookup and find out that it isn't owned by Bottom Two Investments.

Flogs are the internet equivalent to the advertorial style found in print advertising. Advertorials have been around FOREVER - the flog isn't some groundbreaking, super-deceptive advertising model that will eventually rear its ugly head to bum-rape affiliates. Flogs are just...digital advertorials, and yes, with the right disclaimers and reasonable claims made on the LP, it's fine
 
Yeah I want to see how this case breaks down. Hope the affiliates get off by finding a loop hole. Pure politics. They're going after affiliates because they're too cowardly to go after the credit card companies and the guys in the infomercials selling blue stuff. "That's why they call it marketing"! Our job is too sell, the customers job is to read the fine print, if they have a problem with rebills cancel the credit card. In fact before they come after us they need to go after Bally's Total Fitness and their shady membership contracts. The government just wants a bigger piece of the action because of how much money is flowing through the industry. We need to get some lobbyists, haha!
 
Sonny Forelli said:
so basically, how every other court proceeding goes?

god bless lawyers
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Yeah. I ran a few searches on the document I downloaded...here's the basics:

Phrase "Defendant denies" received 102 hits , using 204 words out of 7776 total words
Phrase "lacks sufficient information" received 94 hits , using 282 words out of 7776 total words
Phrase "lacks sufficient information to admit or deny" received 93 hits , using 651 words out of 7776 total words
Phrase "This Defendant did not" received 5 hits , using 20 words out of 7776 total words
Phrase "This Defendant repeats its answers" received 12 hits , using 60 words out of 7776 total words
Phrase "Complaint does not require any answer" received 12 hits , using 72 words out of 7776 total words

^That is from the 206 bullet points replies. each one is a response to a specific paragraph It's really, really, repetitive.
 
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