International Door & Operator Industry

JUL-AUG 2012

Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.

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LEGAL&LEGISLATION; Online Services in the Wild Wild Web By Brian J. Schoolman Safran Law Offi ces Recently I wrote an article for International Door & Operator Industry regarding the Google AdWords online advertising program. Shortly after that article was published, our offi ce received numerous comments and complaints from IDA members about several unsavory online advertising tactics utilized by competing fi rms in various markets. Neither IDA nor my offi ce take any issue with the idea of competition – in fact most IDA meetings require the reading of IDA's anti-trust statement. When online competition crosses the line into unfair competition, however, members can and should stand up for their rights. Black Hats in Google Places Like Google AdWords, Google Places is an online service intended to help real businesses advertise by reaching out to and receiving feedback from local customers. Or as Google puts it, "Google Places helps you make sure that your business can be found and stand out at the local level." A Google Places listing includes a street address and phone number, a website URL (if included), information relating to the category of the business, an owner-provided description of the business, photos (provided by the owner, other websites, and even customers), and reviews. In order to get a listing on Google Places, a business owner or authorized representative must simply verify the existence and location of the business. The greatest attributes of Google Places – its openness and ease of use – can also be the biggest vulnerabilities. Unscrupulous people, or "black hat" operators, are using these largely anonymous online systems to pose as local businesses and to take advantage of the public. Google tries to keep listings accurate with its terms of service. According to Google's quality guidelines, only businesses with physical locations – not post offi ce boxes – are eligible for listings. Additionally, if a business does not conduct face-to-face business at its listed address, it isn't supposed to show the business address on the map listing. In short, only businesses that make in-person contact with customers qualify for a Google Places listing, and only a person authorized by the business can create a listing. Google reserves the right to 10 International Door & Operator Industry™ suspend access to Google Places or any other Google service to individuals or businesses who violate the site's guidelines. In theory, these requirements should keep everything on the up and up. In practice, the relatively unchecked nature of online reviews still can cause headaches for unsuspecting business owners. How Google Places Got Hijacked One of the supposed benefi ts of Google Places is confi rmation that a listing has been verifi ed by the owner, as shown at the top of the webpage displaying it. However, because Google relies upon impersonal methods for owner verifi cation – mailing a postcard or using a "business phone number" – there is no real assurance that advertisers will comply with the requirements. "Black hat" abuses of the Places service and similar sites are common. Inaccurate listings made by operators who do not meet the criteria of being local businesses with brick-and- mortar addresses are just the beginning. Fake or fabricated reviews to either puff up a business' online reputation, or to tear down the reputation of a competitor have become another fundamental fl aw in the open nature of the service. Malicious reviewers can erroneously report a business as closed to direct business away from a successful dealer. Until recently, if enough reviewers claimed that the business was closed, Google Places would list it as closed without verifying that status with the owner. Although Google attempted to stop the practice by updating its algorithms to prevent the "drive-by" closings, after numerous customer complaints, it is still a concern for business owners. A more common problem is that the anonymous nature of the comments permits people to pose as customers even if they have not actually purchased products or services from the business in question. One IDA member forwarded to me Continued on page 13

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