Caveat Emptor
Caveat Emptor
There will never be truth in advertising. That’s why it’s called advertising.[1]
It used to be uncouth for lawyers to pitch themselves. Self-promotion was akin to solicitation. Courts ultimately loosened restrictions figuring info from legal ads served public interest. But with the idiot box and the not-so-worldly Web, how does one stray from the cheese?
It may be fine or not fine, but there is a line between permissible promotion and promising the moon. Sure, they’ll enter a perfunctory disclaimer, but legal Web sites often resort to severe salesmanship. One might defend the practice by flattering the audience and assuming it will necessarily glean accuracy from marketing. Yet, such a defense is contradictory. If the adman really thought the reader sophisticated, then why resort to simplistic slogans in the first place?
Promises.
"Stop Foreclosure! Stop Harassments! Get rid of second mortgages!"
From the above examples, one might easily be misled.
For example, foreclosure cannot be stopped permanently just by filing a straight bankruptcy under chapter 7; though, it does buy some time and one may catch up on arrears through a confirmed chapter 13 plan. A second mortgage can only be removed (it's called a "lien stripping") if it's wholly unsecured and you successfully complete your ch 13, which can be a 5-year commitment.
Bankruptcy is a powerful tool that will subject harassing parties to judicial contempt. Yet, one should not imply that bankruptcy is the only means of repelling collectors. Non-bankrupt consumers are also protected under the Fair Debt Collection Act.
"File for bankruptcy and instantly get a new home loan, a new car loan, better credit! File for bankruptcy, lower your cholesterol in weeks!"
Well maybe that last one was from a Cheerios box.
It's true that bankruptcy can increase your credit score over time. Having zero debt can also make a better impression on a lender. But if credit recovery's coffee, it's more percolation than instant dissolution.
It can be helpful to take advantage of free information, even if it’s in the form of advertising. Yet, one should not rely on sweeping statements. Seek out advice that specifically considers your facts.
[1]A non sequitur. A character in a David Mamet film says, "Everybody needs money. That's why they call it money." The circular definition either makes perfect sense or none at all.
Friday, February 20, 2009