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December 14, 2009 8:34 AM PST

Priceline shrinks from marketing scandal

by Greg Sandoval
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(Credit: Priceline.com)

Update: Dec. 15, 2009 7:50 a.m.: To include US Airways in list of companies that have stopped using post-transaction companies.

Priceline, an online travel site accused by the government of selling customer credit card information to "scam" marketers, says it no longer has any relationship with those marketing firms.

Company spokesman Brian Ek said Priceline, perhaps best known as the "name your price" company, stopped using post-transaction firm Affinion sometime last month. The news was first reported by The Connecticut Post.

In May, the U.S. Senate launched a probe of the company, as well as competitors Webloyalty and Vertrue and 88 online merchants, for allegedly duping as many as 30 million consumers into paying monthly fees.

"With the Senate inquiry going on, we want to wait and see what happens," said Ek, who added that Priceline no longer has partnerships with any of the post-transaction marketers.

According to the U.S. Senate Committee on Commerce, Science and Transportation, Priceline is one of about 19 companies, including Orbitz, Travelocity, Shutterfly, Classmates.com, Buy.com, and Redcats USA, that banked more than $10 million from its partnerships with post-transaction marketers. Among the merchants that have cut ties with the marketing firms since the government began its investigation are Continental Airlines and VistaPrint, an online printing service. On Tuesday, a spokeswoman for US Airways confirmed that the airline no longer was affiliated with post-transaction marketers.

The government says that the merchants agreed to allow the marketers to present ads late in the transaction process. According to experts, the ads are designed to give unwitting Web shoppers the impression that by providing their e-mail address they are justing signing up to receive a cash-back reward or discount.

Click the photo and read a collection of CNET's stories on the marketing scandal.

But buried in the fine print are the full terms, which state that by providing an e-mail address, shoppers are enrolling in a membership program and authorizing the marketer to charge their credit card up to $20 per month. After finding the charges on their bank statements, thousands of mystified people have complained that they were misled.

The marketers have denied wrongdoing and say that their practices are legal because all the terms are included in their ads. They have recently begun requiring consumers to enter the last four digits of their credit card number.

That doesn't go far enough, according some experts. The government's investigators have unearthed documents that show the marketing companies and the e-tailers know that the ads are deceptive. They also show that only a tiny percentage of the people who are signed up to the membership programs ever use them and that an elaborate system is created by the marketers to shield their retail partners from getting blamed by customers.

Members of the Commerce committee have called the practices a "scam," and "robbery."

Just washing its hands of Affinion may not get Priceline off the hook. On November 5, Commerce committee Chairman John Rockefeller wrote a letter to Priceline CEO Jeff Boyd asking for information about his company's relationship with Affinion.

Ek said he didn't know whether Priceline severed ties with Affinion before or after Boyd received Rockefeller's letter.

The Commerce committee is expected to hold another hearing on the matter sometime after the start of the year.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Add a Comment (Log in or register) (12 Comments)
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by gerrrg December 14, 2009 8:50 AM PST
Shut em down, and force the etailers to refund 100% of the charges.
Reply to this comment 6 people like this comment
by lazycat202 December 14, 2009 8:59 AM PST
yep! shut them down!
refund 100%? forget it! tears rolling down, not rolling up (unless you're up-side-down)
Reply to this comment 1 person likes this comment
by DigitalFrog December 14, 2009 9:01 AM PST
I agree - they should have to refund everybody except that "tiny percentage" of people that actually used the services.
Reply to this comment 1 person likes this comment
by sharmajunior December 14, 2009 9:20 AM PST
Woohooo, victory for cosumers...!!!
Reply to this comment 1 person likes this comment
by sandonet December 14, 2009 9:53 AM PST
Sharmajunior,

I agree. I don't think there is anyway else to look at this, a victory for consumers. But the big win will come when congress outlaws merchants like Priceline, Orbitz, Barnes & Noble, from selling credit card information for any reason.

Card holders should be the only people providing credit card data to complete transactions.
4 people like this comment
by basraw December 14, 2009 9:28 AM PST
same **** got me on ftd.com or something 3 years ago. i gave my email for a future discount post transaction, and started getting a monthly charge. ***.
Reply to this comment 1 person likes this comment
by cayhorstmann December 14, 2009 10:38 AM PST
I just ordered something from buy.com and got a slimy post-transaction screen. I immediately canceled my order and bought the items from Amazon.
Reply to this comment 3 people like this comment
by roidude December 14, 2009 1:24 PM PST
This happened to my wife years ago when she used Priceline. We received "membership" charges on our credit card statement from two different organizations with whom we've had no contact. We haven't used Priceline since, despite being avid travelers and otherwise being impressed with the Priceline value potential.
Reply to this comment 1 person likes this comment
by opiapr December 14, 2009 1:25 PM PST
I wrote to 4 of the etailers that I use that engaged on this practice. buy.com travelocity, fandango and pizzahut.com.

buy.com and pizzahut.com just ignored me no answer just the automated message that said they got my message but nothing more.

fandango.com send an extended replay defending their action and justifying them self. In other words claiming that if something was wrong it was the customer fault for not reading the fine print.

travelocity while did not admitted to anything wrong it assure me that they protect their customers data and is looking to improve security and customers experience.
Reply to this comment 2 people like this comment
by xenophod December 14, 2009 2:09 PM PST
I just closed accounts I had at some and I've stopped doing any business with others, I have a choice and I know I can voice it best buy not doing business with them. I've added each domain to my block list so I, nor anyone else I have a say over, will be doing business with the scumbag companies.
Reply to this comment 1 person likes this comment
by dougjake December 15, 2009 8:17 AM PST
Too little too late from Priceline.com. They've been screwing their customers for years with these clowns and only backed off after they got caught. I'll never do business again with Priceline or any other company that worked with these scammers.
Reply to this comment
by Xenophod.com December 15, 2009 4:05 PM PST
Eh, I never fell for those "ads". I do feel sorry for the suckers that did though.
Reply to this comment
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About Media Maverick

In covering digital media for CNET News, Greg Sandoval has broken stories on Apple, Microsoft, YouTube, The Pirate Bay, and the digital efforts of the major music labels and Hollywood studios. Before that, in his first tour with CNET News, he covered e-commerce during the dot-com boom and bust. A dogged investigative reporter, he began his journalism career at the Los Angeles Times and followed that with a short TV stint at The E! True Hollywood Story. Later, he spent three years as a staff writer for The Washington Post. Greg is an alumnus of USC and was raised in Chatsworth, California, which is distinguishable only for being the porn capital of the world.

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