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Lumosity fined $2M for deceptive ads of “Brain Training” app

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Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#81

Post by rfrank »

ksk wrote: post #77
rfrank wrote: post #44

Earlier quoted context omitted.

I've done it several times (as well as basically all popular hallucinogens). I know all about the drug, its impacts on the brain, what it's actually like being on it, etc. I've also lived around many drippy hippie types in Santa Cruz, and the new wave of "microdosing is the key to creative coding" types, and their insights are equally bullshit to me.

If you know all about the drug as you say, then you should also know that it has different effects for different people. Why do you automatically assume that people claiming to have benefited from LSD are stupid?

Define "benefited". Saying, "I dropped acid and learned about myself," is very different from saying, "I dropped acid and became smarter." If you're in the latter camp, yes, I'm going to assume you're stupid.

Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#82

Post by ipsin »

cableshaft wrote: post #48
georgemcbay wrote: post #29

I have something of a litmus test for companies where I just assume any company that advertises a lot via "live reads" on radio/podcasts is not to be trusted. Lumosity, LifeLock, etc. There are outliers for which I wouldn't quite say "not to be trusted" like Dollar Shave Club and Blue Apron, but even in those cases you are, IMO, overpaying for a vanishingly small amount of convenience. I think it holds up pretty well…

So I take it you don't aren't munching on your Naturebox and mailing the government (using your Stamps.com scale) your application to start a business (that you created on LegalZoom) making websites via Squarespace, all while listening to an audiobook you got from Audible, before dozing off on your Casper mattress wearing nothing but your "Me Undies"? ...I listen to too many podcasts.

Ugh. I know it's just an example, but stamps.com is one of those "borderline legal frauds", a step away from phone slamming. Opt-in renewal, online signup and "you have to call us to unsubscribe".

Now I think of stamps.com as the literal devil -- it might be possible to get a good deal, but you really better know what you've agreed to.

http://darkpatterns.org/stamps-com-october-2013/

Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#83

Post by patmcc »

cableshaft wrote: post #48
georgemcbay wrote: post #29

I have something of a litmus test for companies where I just assume any company that advertises a lot via "live reads" on radio/podcasts is not to be trusted. Lumosity, LifeLock, etc. There are outliers for which I wouldn't quite say "not to be trusted" like Dollar Shave Club and Blue Apron, but even in those cases you are, IMO, overpaying for a vanishingly small amount of convenience. I think it holds up pretty well…

So I take it you don't aren't munching on your Naturebox and mailing the government (using your Stamps.com scale) your application to start a business (that you created on LegalZoom) making websites via Squarespace, all while listening to an audiobook you got from Audible, before dozing off on your Casper mattress wearing nothing but your "Me Undies"? ...I listen to too many podcasts.

Don't forget to use MailChimp.

Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#84

Post by gohrt »

nkrisc wrote: post #51
kazinator wrote: post #47

The way I see it, they tapped into a widely held belief , rather than fears. It is a popular belief that doing mental work staves off cognitive decline (including age-related). I bet you that everyone at Lumosity actually believes it because their mother told them that when they were kids. My wife (Japanese) always says "good for older people" about any sort of puzzle. She didn't get this from being deceived by Lumos…

> It's like someone sold carrots claiming they improve vision, and got thrown in jail. No, it's not. It's like they were appropriately fined for profiting off unproven medical claims. > Testimonials being paid for shills? Like, say it ain't so. Every damed commercial you've ever seen in your life has fake people presenting fake testimonials. It's assumed. And they're labelled as an actor representation. Giving them a…

> Giving them a pass because it's "assumed"

...is the law of the land in USA

It's called "puffery"

https://en.wikipedia.org/wiki/Puffery

> In law, puffery is a promotional statement or claim that expresses subjective rather than objective views, which no "reasonable person" would take literally.

US Supreme Court has ruled that lying in ads is protected speech, up to some non-specified boundary:

https://www.techdirt.com/articles/20100211/0133368126.shtml

Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#85

Post by kazinator »

kolbe wrote: post #72
kazinator wrote: post #62

Earlier quoted context omitted.

Relax, I was just posting a deliberate piece of hyperbole to test whether someone might want to fine me.

Then why the downvote? If I was just falling into your deliberate trap, you shouldn't be taking it out on my karma.

I never simultaneously downvote and reply to something. That shouldn't even be allowed. The downvote can be regarded as a form of reply to something that doesn't deserve the normal reply. Under that view, it is contradictory to apply both.

Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#86

Post by nostromo »

Snowdax wrote: post #75
lettergram wrote: post #10

I just wanted to share my thoughts, which are simply: "Thank God!" I've been working on a startup: http://synaptitude.me/ (demo is old) Essentially, we can do some of what Luminosity claims (and have independent studies to prove it). Every time someone goes: "Oh it's just like Lumosity" I have to go through and explain the difference. My wife has a degree in neuroscience and I minored in BioE, and we both just HATE L…

I wouldn't quite be going "Thank God!" if I was you on this news. It could end up that now when people go "Oh it's just like Lumosity" it could potentially be with the added tinge now of "Are you trying to mislead me too?"

Not only that, but the site tells me that it can help treat "ADHD, anxiety, or depression" and improve my "productivity, focus, and mood."

If I were in this space, I'd start putting "not FDA evaluated" disclaimers on my site and marketing, and temper my promises right away.

Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#87

Post by phil248 »

georgemcbay wrote: post #29

I have something of a litmus test for companies where I just assume any company that advertises a lot via "live reads" on radio/podcasts is not to be trusted. Lumosity, LifeLock, etc. There are outliers for which I wouldn't quite say "not to be trusted" like Dollar Shave Club and Blue Apron, but even in those cases you are, IMO, overpaying for a vanishingly small amount of convenience. I think it holds up pretty well…

Just curious how you would view Dollar Shave Club as "overpaying".

Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#89

Post by frik »

jacquesm wrote: post #37
lettergram wrote: post #10

I just wanted to share my thoughts, which are simply: "Thank God!" I've been working on a startup: http://synaptitude.me/ (demo is old) Essentially, we can do some of what Luminosity claims (and have independent studies to prove it). Every time someone goes: "Oh it's just like Lumosity" I have to go through and explain the difference. My wife has a degree in neuroscience and I minored in BioE, and we both just HATE L…

The worst that can happen to a good small company is that some overhyped and overfunded 'start-up' enters the field and spoils the trust built slowly and over a long time between the consumers and the suppliers of goods and services. This is unfortunately not rare at all and the 'hotter' a market seems the more of these BS artists will enter. In the end you have the same product and the same relationship with your cu…

> The worst that can happen to a good small company is that some overhyped and overfunded 'start-up' enters the field and spoils the trust

Like FB destroyed the trust of social networks, and ruined it for themself and their competitors? The same with chat with WhatsApp and other pseudo secure chat apps.

Re: Lumosity fined $2M for deceptive ads of “Brain Training” app

#90

Post by xux »

jacquesm wrote: post #37
lettergram wrote: post #10

I just wanted to share my thoughts, which are simply: "Thank God!" I've been working on a startup: http://synaptitude.me/ (demo is old) Essentially, we can do some of what Luminosity claims (and have independent studies to prove it). Every time someone goes: "Oh it's just like Lumosity" I have to go through and explain the difference. My wife has a degree in neuroscience and I minored in BioE, and we both just HATE L…

The worst that can happen to a good small company is that some overhyped and overfunded 'start-up' enters the field and spoils the trust built slowly and over a long time between the consumers and the suppliers of goods and services. This is unfortunately not rare at all and the 'hotter' a market seems the more of these BS artists will enter. In the end you have the same product and the same relationship with your cu…

This is actually a form of corporate sabotage some companies use. You'll find it interesting to read about Coca Cola's Tab Clear[1].

Basically, Pepsi introduced a soda called Crystal Clear that was gaining momentum in the "clear soda" market. Coke wanted to sabotage the public perception, so they introduced "Tab Clear" and made it taste so terrible, that both products failed within 6 months. After that, no one wanted to touch clear soda for a while. (That is, until Coke reintroduced another drink called Sprite).

[1]http://thedailyjournalist.com/pen-and-pad/corporate-sabotage...

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