So how long
before El Reg get a "cease and disist" letter from 'em?
A marketing mailshot, similar to one described as misleading by the Advertising Standards Authority in April, is reappearing in British offices across the country - and bloggers who complain are getting hit with threatening legal letters. The missive from Cardell Media looks like a handwritten envelope containing an article …
And I did admire it for its originality. It looks like a piece of business journalism, printed on newsprint and torn off (quite neatly) along one edge. However, being a cynical old git I didn't believe any of it was true. Apart from being unsolicited, the actual content of the piece - which extends over both sides of the larger than A4 tear-off doesn't contain any actual information that you'd expect from a newspaper - such as its title, or the date of publication. It's also very heavy on the hype, with a few anecdotes stories of "windfall" level increases in turnover and too much emphasis on the CD sets the guy is giving away. If you read it out loud with a nigerian accent, you'd instantly recognise the article's heritage.
One thing the guy does get right is his assertion that "Most advertising does not work". Yup, and this is a prime example. I'm planning on keeping the article as a warning to others.
To paraphrase Monty Pythons Life of Brian - "I am Chris Cardell, and so is my mother". This is just another way of getting your "copyrighted" name mentioned, and as the man said, "There is only one thing worse than being talked about, and that's not being talked about". It's a straight rip from one of his videos on the Chris Cardell (there I've said it again!) - "Cause and Effect", where he has caused these letters to be sent out, and the effect is that he is now getting a mention on the internet again. Bravo.
Let the C & D notices commence.....
This Chris Cardell chap is merely continuing the good work of Charles Darwin. He should be celebrated, not berated.
If it weren't for people like him, fools all over the country wouldn't be fleeced out of their money after developing emotional engagement with a glorified flyer, and would therefore be more successful, popular with the ladies and breed.
So raise a glass with me to Chris Cardell, the man who added a little chlorine to the gene pool so that we don't have to.
I got one of these things a few weeks ago. After a quick Google turned up the details, including the previous ASA decision, I went to their website and complained over this new mailshot. I got a letter a fortnight ago from them acknowledging my complaint, and discussing the original ruling.
is a junk mailer peddling a worthless product - is that what people think?
used an advertising campaign that the asa judged to be deceitful and misleading, did they?
his lawyers Preovolos & Associates are intimidating bloggers who make fair comment about chris cardell and his product, are they?
people think that if the product was any good chris cardell wouldn't use deceitful methods of advertising do they?
I have a foolproof method for becoming penniless, if anyone wants to buy it...
Hi guys!
If you do a search on Google for either "Chris Cardell" or the much more popular search phrase "Chris Cardell scam", you'll find my article: "ASA investigate Chris Cardell newspaper cutting 'scam'".
I would, on a typical day, attract upwards of 60 page views for that article and since getting the dubious sales letter from him in April, I've had thousands of visits from Google.
As you can imagine, I was hurting Cardell. As such, I was issued with a cease and desist order. I've not removed the article, but instead placed a temporary notice explaining that I'm looking into the legality of their claims. If I'm within my rights and it's determined that I am acting in the interests of the public, the article returns in full, with all of the 50 comments of angry complaints against Cardell.
I've also written an open letter to him, which is frank and rather damning of his exceptionally deceptive tactics. If that's deemed legal, that goes live, too.
I've reported him to Trading Standards and since having a look through the Fraud Act of 2006, his letter does at least pass the first question posed in section 3 of that act, so I've reported him to the police for fraud.
Just added a post to my blog. I accidently mentioned his name a few times amongst cold hard facts.
I don't exactly get loads of hits but it all adds up. To send me a letter he will need a UK court order. He better start whistling.
I hate companies who think their money is above the law.
basically, they are trying to stop a well earned negative backlash by claiming copyright over their company (family) name. As long as the bloggers are not posting lies or making money from the company's name, then the company shouldn't be able to use C&D against them.
or did I misunderstand something?
Erm, no you're not. Not really. If you were, his lawyers would already be in a world of hurt. Because instead of looking at potential court action against the twits sending the cease and desist letters, they'd be raising ethics issues with the local bar. THAT will get the attention of even the shiftiest of the ambulance chaser types and a smart salute to boot. And it is highly unethical to be sending cease and desist letters under false pretenses.
Google Chris Cardell and you'll find results 15-18 or so are pages titled 'Chris Cardell scam', but these are pages on one of his own websites or a trade organisation he is a member of. He's obviously understood that his methods were likely to be seen as scams and has used this tactic to attempt to forestall the negative consequences.