4 ms·

False advertising is illegal. Ghost job posts should be no different.

by ToDougie 2y ago

whoomp12342 2y ago
yeah but how do you enforce something like that (something that could actually be done)
- kelseyfrog 2y ago
  First off, you can't enforce it without making tradeoffs. To some people, the tradeoffs will be acceptable, to others they won't. One method would be to require a deposit on job postings. Make it costly to post, but return the money when it's taken down - same concept as a bottle deposit. Depending on the cost, this may or may not unequally impact small businesses - though one could make the cost proportional to the companys employees.
- dpifke 2y ago
  In the U.S., the Federal Trade Commission can prosecute companies for unfair business practices: https://www.ftc.gov/about-ftc/contact https://www.ftc.gov/about-ftc/contact Complaining to your state's Attorney General might also be effective, depending on state law and your AG's priorities with regard to enforcing it. If you can prove you suffered actual damages due to a fraudulent job posting, you could probably go after the company directly, either as an individual plaintiff or as part of a class action.
jcparkyn 2y ago
Genuine question: Is it illegal to advertise for a product that doesn't exist, can't be bought, and you have no intention of taking money for?
- dpifke 2y ago
  Possibly, but per [1] it would come down to: "(1) whether the practice injures consumers; (2) whether it violates established public policy; (3) whether it is unethical or unscrupulous." e.g. it might be deemed "unfair" if you're promoting vaporware to try to slow down sales of a competitor's actual product, and someone could prove consumers suffered "substantial" injury by holding off on purchasing something useful while waiting indefinitely for something else that you had no intention to actually sell. (Proving this would be hard, but I'm sure it's possible.) On the other hand, advertising a joke product—where a reasonable consumer is unharmed because they should have known it's a joke—is almost certainly legal. See, generally: https://www.ftc.gov/business-guidance/resources/advertising-faqs-guide-small-business https://www.ftc.gov/business-guidance/resources/advertising-... [1] https://www.ftc.gov/legal-library/browse/ftc-policy-statement-unfairness https://www.ftc.gov/legal-library/browse/ftc-policy-statemen...
- bigfatkitten 2y ago
  Depending on which jurisdiction you are in, absolutely. It could constitute bait advertising. The practice of using fake advertisements to get customers into your store for the purpose of trying to sell them something else.
- tveita 2y ago
  It's a somewhat well-known startup "hack" https://learningloop.io/plays/spoof-landing-pages https://learningloop.io/plays/spoof-landing-pages
z3ncyberpunk 2y ago
Maybe illegal but it might as well not be given how rampant and ubiquitous it is.

False advertising is illegal. Ghost job posts should be no different.

whoomp12342 2y ago

yeah but how do you enforce something like that (something that could actually be done)

kelseyfrog 2y ago
First off, you can't enforce it without making tradeoffs. To some people, the tradeoffs will be acceptable, to others they won't. One method would be to require a deposit on job postings. Make it costly to post, but return the money when it's taken down - same concept as a bottle deposit. Depending on the cost, this may or may not unequally impact small businesses - though one could make the cost proportional to the companys employees.
dpifke 2y ago
In the U.S., the Federal Trade Commission can prosecute companies for unfair business practices: https://www.ftc.gov/about-ftc/contact https://www.ftc.gov/about-ftc/contact Complaining to your state's Attorney General might also be effective, depending on state law and your AG's priorities with regard to enforcing it. If you can prove you suffered actual damages due to a fraudulent job posting, you could probably go after the company directly, either as an individual plaintiff or as part of a class action.

jcparkyn 2y ago

Genuine question: Is it illegal to advertise for a product that doesn't exist, can't be bought, and you have no intention of taking money for?

dpifke 2y ago
Possibly, but per [1] it would come down to: "(1) whether the practice injures consumers; (2) whether it violates established public policy; (3) whether it is unethical or unscrupulous." e.g. it might be deemed "unfair" if you're promoting vaporware to try to slow down sales of a competitor's actual product, and someone could prove consumers suffered "substantial" injury by holding off on purchasing something useful while waiting indefinitely for something else that you had no intention to actually sell. (Proving this would be hard, but I'm sure it's possible.) On the other hand, advertising a joke product—where a reasonable consumer is unharmed because they should have known it's a joke—is almost certainly legal. See, generally: https://www.ftc.gov/business-guidance/resources/advertising-faqs-guide-small-business https://www.ftc.gov/business-guidance/resources/advertising-... [1] https://www.ftc.gov/legal-library/browse/ftc-policy-statement-unfairness https://www.ftc.gov/legal-library/browse/ftc-policy-statemen...
bigfatkitten 2y ago
Depending on which jurisdiction you are in, absolutely. It could constitute bait advertising. The practice of using fake advertisements to get customers into your store for the purpose of trying to sell them something else.
tveita 2y ago
It's a somewhat well-known startup "hack" https://learningloop.io/plays/spoof-landing-pages https://learningloop.io/plays/spoof-landing-pages

z3ncyberpunk 2y ago

Maybe illegal but it might as well not be given how rampant and ubiquitous it is.