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@jsfleischman-blog
businesslaw:
In the 11 years since the Federal Trade Commission issued its “Dot Com Disclosures” guide, the potential for misleading online marketing has exploded well beyond the agency’s initial directives. Read what lawyers on JD Supra are saying about how the FTC plans to update:
FTC Invites Public...
Better technology has made it largely unnecessary (on a practical level) to work with local folks. Additionally, after 15 years of widespread internet usage, people now have less of an emotional need to be located near their clients and co-workers. As a result, geography is becoming less of a consideration when purchasing all sorts of products and services, including legal counsel.
The study of grandparents on social media is from the UK, but I think it's telling and likely correlates with US data.
The Internet is a vast world that is constantly changing and evolving. As more people log on, the necessity for organization of content and increasing findability of relevant sources are increasing at a rapid rate. This growing need requires major advances in the way information is cataloged, and developers have jumped on the opportunity to create new tools for this purpose. Among the more recent advances is the introduction of Schema.org, which allows search engines to more accurately gauge the relevance of web content.
When I use a search engine, I am under the impression that the highest ranked websites will be the most relevant to my search terms. Unfortunately, as you likely know, this is far from being the case. Changes to Google and the way other popular search engines rank web results, however, are constantly seeking new ways to categorize content in order to make search results more consistent. Schema.org has made large strides in this area, and you will notice that it offers many important benefits to both web searchers and search engines, alike.
Android only: If you're tired of missing messages because your phone only vibrated once, Vibration Notifier will fix the problem. It lets you pick how often your phone buzzes for unseen notifications, making sure you don't miss anything important
At the SMX Advanced Marketing Conference held two weeks ago, Matt Cutts confirmed that the Panda 2.2 update has been approved, but not yet rolled out. The next update will reportedly target sites that re-publish content and are out-ranking the original source of the content. This was a common complaint among many web site owners about the first Panda update. Since Google couldn’t accurately identify the original source, the real author was sometimes penalized as a content farm along with the spammers. “A change has been approved that should help with that issue,” said Cutts during his Q&A with Danny Sullivan, producer of the SMX: Search Marketing Expo conference series and Search Engine Land leader.
According to a content writer for an AOL property:
We — by which I mean me and my fellow employees — were all so grateful. Which allowed us to ignore — or willfully overlook — certain problems. Such as the fact that AOL editors forced us to work relentless hours. Or the fact that we were paid to lie, actually instructed to lie by our bosses. I was given eight to ten article assignments a night, writing about television shows that I had never seen before. AOL would send me short video clips, ranging from one-to-two minutes in length — clips from “Law & Order,” “Family Guy,” “Dancing With the Stars,” the Grammys, and so on and so forth… My job was then to write about them. But really, my job was to lie. My job was to write about random, out-of-context video clips, while pretending to the reader that I had watched the actual show in question. AOL knew I hadn’t watched the show. The rate at which they would send me clips and then expect articles about them made it impossible to watch all the shows — or to watch any of them, really.
That alone was unethical. But what happened next was painful. My “ideal” turn-around time to produce a column started at thirty-five minutes, then was gradually reduced to half an hour, then twenty-five minutes. Twenty-five minutes to research and write about a show I had never seen — and this twenty-five minute period included time for formatting the article in the AOL blogging system, and choosing and editing a photograph for the article. Errors were inevitably the result. But errors didn’t matter; or rather, they didn’t matter for my bosses.
Think about how you consume content on Twitter (if you use it) versus Facebook versus LinkedIn or blogs. On Twitter you probably only pay attention to what’s going on now. Very few people bother to scroll back through all the tweets of people that they’re following. However, you probably do scroll back on Facebook to see what your friends are up to. As a marketer, its important to understand these differences in order to more effectively engage with your audience.
Nolo Competing With Law Firm Websites And Blogs With Their Own Content
According to the folks at Search Engine Roundtable:
I work for Nolo, a well known publisher of consumer oriented legal books. As part of our effort to build our organic traffic base to our large network of sites as well as Nolo.com, we've begun re-purposing some of our book content for the web. One example is this section on our landlord tenant law site: http://www.landlordtenantlawfirms.com/resources/landlord-and-tenant/commercial-leases ... All of the articles in this section are from a book, and much (not all) of the article content is viewable in google books.
Call it what you will, but I see this as more an issue of Republicans standing behind their brethren than Democrats.
WordPress is a wonderful piece of software. Whether you use WordPress.com or self-host, you have the tools to manage your own site. No webmaster nickel and diming you to death every time you need a minor fix.
But as intuitive as WordPress is, there are a few things that well, just freakin’ hide themselves. They are highly helpful, but hidden settings.
Lawyers And Forensic Accountants Who Quit Twitter Aren't Doing It Wrong (Maybe)
So this forensic accountant who's really big into social media realizes that Twitter's not her gig. She deletes her account, does a blog post about it, and goes about her business.
A bunch of people go nutso and claim she was doing it all wrong; that's why she didn't make tons of cash on Twitter. If she'd just done it all right then she would have been filthy rich.
Or perhaps she did it all as linkbait. As in this comment:
Your denials just don’t ring true. Your success in social media is the key testimony against you. My theory of the case is that you knew exactly what you were doing but either didn’t anticipate the responses you got, or did, and are reaping the benefits of the publicity.
Blogging for Lawyers: Surprise and Challenge, but Don’t Provoke
Look, the reality is that you want to go where your audience is. If your people aren't on Twitter, don't be there. Period.
And if your prospective clients are hanging on Twitter then so should you.
Easy as that.
Sure, she went off with a bang - but that's not the point. She left because she was sitting in a fishbowl, hanging out with her colleagues rather than making money.
Good for her.
Failure To Inform Of Actual Balance Due May Violate FDCPA
This language may violates the F.D.C.P.A. because it fails to inform Plaintiff: (i) whether the balance due listed is the actual amount of debt due; (ii) whether the balance due listed will increase; (iii) what other charges might apply; and (iv) if other charges are applied, what the amount of those extra charges will be.
It may also violate NY General Business Law 349.
AS OF THE DATE OF THIS LETTER, YOU OWE $2387.23. INTEREST, LATE CHARGES, AND OTHER CHARGES MAY OR MAY NOT BE APPLICABLE TO THIS ACCOUNT. IF SOME OR ALL OF THESE ARE APPLICABLE, THEY MAY VARY FROM DAY TO DAY AND THUS THE AMOUNT DUE ON THE DAY YOU PAY MAY BE GREATER. HENCE, IF YOU PAY THE AMOUNT SHOWN ABOVE, AN ADJUSTMENT MAY BE NECESSARY AFTER WE RECEIVE YOUR CHECK, IN WHICH EVENT WE WILL INFORM YOU BEFORE DEPOSITING THE CHECK FOR COLLECTION. FOR FURTHER INFORMATION, WRITE THE UNDERSIGNED OR CALL 1-866-211-0386.
Rozier v. Financial Recovery Systems, Inc., No. 10-CV-3273 (DLI) (JO) (E.D.N.Y. 2011).
As part of the discovery process in these lawsuits, the debtor’s attorney will undoubtedly send a request for production and interrogatories requesting the manner in which an agency pays its employees and seek to discover its incentive programs which are dependent on the amount of revenue collected. Their argument is that incentive-laden programs give a motive for the collectors to “collect money at all cost.” Since the collector has a financial incentive to collect more money, she is less likely to stringently follow the guidelines and boundaries of the FDCPA and the company’s training policies and procedures and is more likely to use any and all means to collect the debt that is due. To combat this avenue of attack, collection agencies can incorporate in their bonus payment plan incentive pay for individual collectors based not on revenue collected, but instead on not receiving any complaints or claims from attorneys, government agencies or the Better Business Bureau.
Collector Commissions, Bonuses and Lining the Pockets of Plaintiff Attorneys
