Isn't this selling bags of rocks, titanium-dipped springs and wall dots a bunch of—um—FRAUD? Or do all these charlatans get away with it under the whole caveat emptor loophole?Down10, June 16, 2014, 01:24:26 am
Caveat Emptor isn't a loophole, it's the standard. A claim of fraud brings with it a huge burden of proof, including intent to deceive and harm caused. You'd never be able to make a fraud case for any of this stuff, partly because they talk in intangibles. These rocks will bring a fuller bass, these springs will widen your mid-tones. You'll never prove I'm lying because we agree what I actually said. If I sold a lotion that said
"This lotion reverses the aging process, if you use this lotion your body will become 5 years younger than it was previously.", that wording is going to get me into trouble. However, if I sell my lotion saying
"This lotion helps fight the aging process", my only problem is the fact that I'm competing with 20 other lotions that are making the same claim. It might have sounded good if you're desperate, but I didn't actually say anything.