Deceptive marketing has hurt
consumers and business owners since the birth of promotional advertising. As
the Internet increasingly inspires and dictates our consumption choices, even
sophisticated business acumen and technological savvy are not enough to
withstand the harmful consequences. While lawmakers and courts have fashioned
remedies applicable to some misleading practices, sly marketers with deep
pockets frequently find new ways to trick unsuspecting shoppers and seize
market share. This Note therefore provides a novel interpretation of prior
scholarship to recommend a solution to a particularly misleading marketing
practice—deceptive search engine optimization—in order to bolster currently
available, yet independently inadequate, alternatives. Although some of the
problems associated with deceptive search engine optimization have caught the
media’s eye as of late, a much-needed solution is heretofore unexplored in law
review literature.
Spoiler: I doubt Eric Goldman will like the proposal.
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