CPA Question

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randolph188

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Does anyone know of a cpa network sueing or prosecting someone/ a company for sending incentivised clicks to a non incentivised cpa offer?

If you send incentivised clicks to a non incentivised cpa offer does anyone know if this is classed as fraud or is this just a breach of the cpa networks terms of service?
 
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randolph188 said:
Does anyone know of a cpa network sueing or prosecting someone/ a company for sending incentivised clicks to a non incentivised cpa offer?

If you send incentivised clicks to a non incentivised cpa offer does anyone know if this is classed as fraud or is this just a breach of the cpa networks terms of service?
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Most likely it is just classified as a breach. I suppose that in this very litigious world we live in it is possible you could be sued, but the fact of the matter is that before the check goes out to you, no money has exchanged hands and in most cases they catch you BEFORE the check goes out.

It would probably not be worth the CPA networks' money or time to actually take you to court.
 
There are only a handful of lawsuits by CPA companies, and all of them are for fake leads aka fraud.

Sending incentivised to a non incentivised offer simply breaks your offers terms of service and would result in a ban from the network at the most severe, not legal action.

Incentivised leads are real leads in many cases, however some merchants feel the quality is lower in many cases (and they are right) because often the incentivised lead is only doing the offer to get something free.

The only legal issues an affiliate would face are:

A. Fake leads.

B. Tricking leads into submitting offers using framing.

C. Spamming.
 
Yes they wont be wasting there time suing you for that, its just a TOS violation and a ban from the network
 
I believe if your volume/revenue because so massive, they might choose to sue.

I mean if you were pulling in $100k plus a month for a year and then they found out your were violating tos, they would realize they "gave" you a million of their money.

But I suppose if you were good enough to make that amount of dough, then you would be good enough to never get caught too ; )
 
It would be an incredible waste of resources for them to sue you for incentivizing a non-incent offer. They have much bigger fish to fry.

They would most likely just question your traffic sources and perhaps ban you.
 
ximscreamingx said:
I believe if your volume/revenue because so massive, they might choose to sue.

I mean if you were pulling in $100k plus a month for a year and then they found out your were violating tos, they would realize they "gave" you a million of their money.

But I suppose if you were good enough to make that amount of dough, then you would be good enough to never get caught too ; )
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thats actually not true either, it would be the actual company that runs the offer that would sue the affiliate network, which could then choose to sue you.

and they would certainly stop paying you before a million dollars lol
 
And most importantly, networks love blackhat, because they love money, there would never be a scenario where you make 100k a month for a year and not get thrown out far before that as the merchants would be complaining left and right that your traffic sucks.

The only affiliates being sued are the very few who were able to somehow make tons of money with fake leads, which I still cant put together, and honestly I think its a bullshit story as I've yet to hear of one real person even being sued for complete fraud. I think it was manufactured by the CPA companies to scare people.
 
Nevarc said:
And most importantly, networks love blackhat, because they love money, there would never be a scenario where you make 100k a month for a year and not get thrown out far before that as the merchants would be complaining left and right that your traffic sucks.

The only affiliates being sued are the very few who were able to somehow make tons of money with fake leads, which I still cant put together, and honestly I think its a bullshit story as I've yet to hear of one real person even being sued for complete fraud. I think it was manufactured by the CPA companies to scare people.
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I was wondering about this myself, so I did a series of Lexis Nexis searches and could not find a single authority case in either federal or state courts.
 
I agree. I even had one CPA company reinstate me last week. They want to make money just like anyone else...and in my case, they got a little trigger happy.
 
ximscreamingx said:
I believe if your volume/revenue because so massive, they might choose to sue.

I mean if you were pulling in $100k plus a month for a year and then they found out your were violating tos, they would realize they "gave" you a million of their money.

But I suppose if you were good enough to make that amount of dough, then you would be good enough to never get caught too ; )
Click to expand...

Even if you were pulling in a high monthly amount, it would presumably be spread out over a lot of different advertisers at many different cpa networks, so it would not be very much per advertiser in the scheme of things.
 
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