Comments on: Let the User Beware

By: CTMasterson

CTMasterson — Sat, 14 Oct 2006 00:00:00 +0000

I would hope that such obligations are spelled out for the YP Group and that the oversite was a clear violation.

Verdicts are overturned in a huge percentage of cases.

By: Yellow Page Advertising

Yellow Page Advertising — Thu, 14 Jul 2005 00:00:00 +0000

Cases like this are awarded as a deterrent. If the judge doesnâ€™t think DEX is doing enough to check their clientâ€™s purported Yellow Page claims, the potential for more mayhem in the future is immense. If you slap a company like DEX with a 100,000 judgment you might not even get a company memo out to all the Yellow Page Reps. 1.6 million makes an impression. Not that itâ€™s always fair, just, or moral, but that is the legal reasoning.

By: Dick Larkin

Dick Larkin — Mon, 07 Mar 2005 00:00:00 +0000

The $1.6 million jury award was unconscionable.

The mistake made by DEX certainly appears to be an honest one. The doctor WAS board certified in one specialty, but he was not board certified in liposuction where the ad appeared.

I would bet that the DEX contract required the advertiser to provide factual information, and I am not aware of any publisher that contacts the state boards to ensure that every advertiser is in fact board certified.

Is it the responsibility of the YP publisher to verify every claim in every ad? I think not.

The doctor was responsible for providing accurate information as to his background and training to his patients.

I hope that DEX appeals and goes before a jury than has not had cranial liposuction.