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August 28th, 2008, 12:12 AM #1
Who's In Charge?
- Join Date
- August 26th, 2008
So I'm currently helping one of my old clients optimize his direct-mail marketing. He tells me a story about a company (no names mentioned) that he paid to do an email blast for him.
He signs an I/O that states that this company will continue to do email blasting until 200 submits are achieved on his landing page. Poor guy didn't even know what a landing page is, so he pays a developer to put one together for like $450 (thank G-d that this developer is a nice a guy and set him up to with google analytics account for this landing page).
Long story short..... The marketer did a day of email blasting, analytics showed 32 visits that resulted in 4 submits. After that the Marketer discontinued email blasting. In a few days this same marketer called my client and told him that she wants to put up a few of his banners on her network of websites to generate leads.
A few days pass, analytics showed no visits to the landing page but the marketer send him an excel spreadsheet with leads. Each lead contained Name, addy, two phone numbers, IP, Household income, occupation, date of birth and how much insurance this person is requesting. My client's agents called these leads only to find out that these people were marketed for a different life insurance offer about 6 months ago.
My client requested a refund as the marketer did not fulfill the terms of the I/O. He never got his money back and this lady is not responding to any emails or calls from my client.
SO, here is the question.... Where does he go to get this resolved, is there an establishment that regulates marketers like her? Is this a common issue?
Any advice will be appreciated.
August 28th, 2008, 12:23 AM #2
Our "resident" lawyer seldom logs in and it's been a long time since he was last here.
So, no advice here, just a suggestion. You didn't say how much was paid for the email blast, but I suspect it's a relatively small amount. It might be worth taking to small claims court, or if you believe on good evidence that fraud was committed, take it to law enforcement.
August 28th, 2008, 12:40 AM #3
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