Court Denies Netquote Claim for Injuction Against MostChoice

[MikeLevy]

This was ridiculously misleading:

I started a health quote request on mostchoice.com, it is absolutely setup for someone to expect an instant quote (175 quotes to be exact to the verbage given).

Let me quote the site, as I'm starting my quote request:

Now, explain how in 2 minutes I'm going to get these quotes if I have to have someone call me.

No, I didn't submit the request. The first screen alone showed me that the expectation for the prospect is not set correctly.

Dan
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Okay, looking a bit further, the second screen actually promises my information will be kept strictly confidential. Not sure how that works when you are actually selling the information, I read your privacy statement:

Now, people you are selling this information to probably are not staff members, putting you in violation of your own privacy policy.

In fact, it is not obvious to the routine person that their information will be passed to several agents who will contact them, unless this happens AFTER they submit thier info.

I'm not sure what makes these leads worth anymore than any other leads sold. I know you're proud of them, but that alone doesn't make them better.

Dan

Your going to get a quote from eHealth insurance when you submit the second page. That is standard in this business. Not too many lead services don't do that. They only sell 1.2% of the people who go there and it keeps cost down. There will also be a page before that which says that an agent will call. Not that it is much of a surprise, we asked for two phone numbers and the time of day to call for each on that second page. That advisory will be on the screen for about 5 seconds before being forwarded to ehealth insurance.

Also, you forgot to clip this part of our privacy policy and put it in your post. Seems pretty important:

"Personal information will not be released to unrelated third parties except to further the purpose for which you provide the information. Specificaly, your information will be provided to an agent to process your quote."


Mostchoice Privacy Policy


Obviously, we are not in violation of our privacy policy. Now why did you leave that part out? Seems pretty important doesn't it? You obviously read the whole privacy statement and yet you disregarded the part that disproved you're post.

Lastly, it will not be sent to "several" agents. On average, only 2 and a maximum of 4, which is very rare.

Buy $350 worth of leads and you will see exactly why they are better.

Aren't you a telemarketer? That might be important to disclose as well.

 

[djs]

I left it out because it's contradictory to the statement that is said well above it.

If someone wanted to scan the policy, they would read the first paragraph, realize the information isn't going anywhere, read the headline to the second paragraph that reads:

No Release of Information to unrelated Third Parties

and never read the statement that hints that 'oh yeah, we will sell your information, despite what we said above this'.

Now, doesn't the header of the paragraph above the statement you refer to seem pretty important? You know, the one that says the information won't be released?

In reality, few people other than me read these statements. They do read that their information will be kept confidential, which is right on the quote page, and expect it to be kept confidential. This is really the point.

Dan

 

[MikeLevy]

I left it out because it's contradictory to the statement that is said well above it.

If someone wanted to scan the policy, they would read the first paragraph, realize the information isn't going anywhere, read the headline to the second paragraph that reads:



and never read the statement that hints that 'oh yeah, we will sell your information, despite what we said above this'.

Now, doesn't the header of the paragraph above the statement you refer to seem pretty important? You know, the one that says the information won't be released?

In reality, few people other than me read these statements. They do read that their information will be kept confidential, which is right on the quote page, and expect it to be kept confidential. This is really the point.

Dan

Mostchoice Privacy Policy

It says:

No Release of Information to Unrelated Third Parties

That clearly says UNRELATED. How are agents that we have under contract not related? It is only 2 lines below that heading where it clearly says:

Specifically, your information will be provided to an agent to process your quote.

I think that is a little more than a hint.

You say: "In reality, few people other than me read these statements." That's a little presumptive and condescending isn't it? Tell me how many people read that page on my site? What's the percentage? The privacy page is one of the most commonly read pages on the website. Many people read it, not a few.

Further, did you think they would enter two phone numbers, and times of day to call for each, and not think they were being called? Come on... People aren't stupid. They understand if you are asking them for TWO phone numbers and times of day - SOMEONE IS GOING TO CALL!

Also, the sponsored link that got them to the page in the first place said it was going to an agent as well. Also, Confidential does not mean that no one else knows it. It means "In confidence." In other words, the information is seen only to those on a "need to know" basis to provide quotes and is not made available to the general public. It does not imply "National Security," especially when they are entering this information on the internet.

Lastly, it is immaterial as to whether the person providing the quote is on my staff or a contracted agent who has signed an agreement to keep the information confidential. Either way, the information is kept confidential and someone is calling them to give them a quote. These are the things they care about.

 

[djs]

Mike -

In fairness, I don't buy health leads anyway, so this is probably of little issue to me. You're perspective is wrong on this.

When my wife and I ran an e-commerce site, we required a phone number. It was indicated as a required field. We didn't call, unless there was a problem. In your case, they are simply after the quotes they get in 30 more seconds. Nothing makes it obvious that they are getting a call.

On average (can't say for your site, but you can), I think the average number of people who click the little box saying they have read the privacy terms and conditions on a site that have actually read them is under 10%. Without the box to check, I think it is lower. I've never ran a lead site, but I imagine it's somewhere in that range. Of course, you could have just said what percentage of your site visitors read this, rather than implying other things.

I didn't get there through a sponsored link, can't speak to that. Why not say it on the quote page?

You say people aren't stupid, and I agree with you. There is a certain perception of what confidential means, which I think the average person assumes this means not sold multiple times. As evidence, I look at the uproar a few years ago when the public found out that their bank was selling their information. They thought it was confidential, found out it wasn't. Again, they assumed confidential meant that the bank kept it private.

Yes, I know saying an agent is going to call cuts down on the number of leads generated, probably significantly. Then again, as an agent, I know that significantly increases the likelihood I'm getting in contact with them and the likelihood I'll close them. The expectation is set correctly.

I've never tried mostchoice leads, but when I do purchase leads, one of the things I look at is the site to see if a reasonable person knows someone will be calling them. You would fail this test from my perspective. You can feel differently, and that is fine, its your company. If you have enough agents, then this won't bother you. It's really a balancing act for your income, not mine.

Dan
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Mike -

I would add that I'm impressed that you're hanging in here. You knew you were going to take some heat, you're taking it, and responding to it.

You are doing a lot of spin, cool! I miss the election spin doctors, you are making up for it.

Dan

 

[MikeLevy]

Mike -

In fairness, I don't buy health leads anyway, so this is probably of little issue to me. You're perspective is wrong on this.

When my wife and I ran an e-commerce site, we required a phone number. It was indicated as a required field. We didn't call, unless there was a problem. In your case, they are simply after the quotes they get in 30 more seconds. Nothing makes it obvious that they are getting a call.

On average (can't say for your site, but you can), I think the average number of people who click the little box saying they have read the privacy terms and conditions on a site that have actually read them is under 10%. Without the box to check, I think it is lower. I've never ran a lead site, but I imagine it's somewhere in that range. Of course, you could have just said what percentage of your site visitors read this, rather than implying other things.

I didn't get there through a sponsored link, can't speak to that. Why not say it on the quote page?

You say people aren't stupid, and I agree with you. There is a certain perception of what confidential means, which I think the average person assumes this means not sold multiple times. As evidence, I look at the uproar a few years ago when the public found out that their bank was selling their information. They thought it was confidential, found out it wasn't. Again, they assumed confidential meant that the bank kept it private.

Yes, I know saying an agent is going to call cuts down on the number of leads generated, probably significantly. Then again, as an agent, I know that significantly increases the likelihood I'm getting in contact with them and the likelihood I'll close them. The expectation is set correctly.

I've never tried mostchoice leads, but when I do purchase leads, one of the things I look at is the site to see if a reasonable person knows someone will be calling them. You would fail this test from my perspective. You can feel differently, and that is fine, its your company. If you have enough agents, then this won't bother you. It's really a balancing act for your income, not mine.

Dan
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Mike -

I would add that I'm impressed that you're hanging in here. You knew you were going to take some heat, you're taking it, and responding to it.

You are doing a lot of spin, cool! I miss the election spin doctors, you are making up for it.

Dan

Dan-

I understand exactly why these things concern you. I am concerned about the perception agent's have of my lead forms so I'm going to make some changes for that reason. Ironically, these changes aren't going to make a difference to the people filling out the form. They already understood an agent was calling because they saw the sponsored add. However, you make a valid point, the agent never sees that add. That is probably causing a misunderstanding amongst many more agents than just you.

Please allow me to explain everything completely as well.

You have to evaluate everything within the scope of the whole process and a 2008-2009 context. The landscape of the internet has changed pretty dramatically over the last few years and internet shoppers are pretty sophisticated these days. Here is what the average internet shopper for insurance knows:

1) If they ask for one phone number, they might call you. If they ask for two, and times of day to call, you are getting a phone call! IF you have a problem with that, read the privacy agreement.

2) If you just want an online quote, go to eHealth insurance directly. They are #1 for every search so they are not exactly a secret or hard to find! Online quote sites that do not use agents do not ask for phone numbers.

3) We don't sell to so many agents that multiple agents are a problem but I will change that anyway. An average of 2 is not the same as what was going on with the banks or the other lead services but it is an easy change to make.

4) Plastering "An Agent Will Call You" all over the form WOULD hurt conversion but mentioning it once would not. In 2005 this would have been an issue. In 2008-2009 people understand exactly what services like ours do. I just don't want to oversensitize the issue because it would make people wonder what the big deal is. They tend to think: Is this agent Frankenstein? Why do they keep telling me over and over again? I saw it on the add. Why are they telling me again? Is this something I should worry about? It's kind of like going to the dentist and they tell you 3 times before you get into the chair that it might hurt. Notification is good, scaring the heck out of them is more likely to chase away the leads that are most likely to buy. I just have to figure out what the verbiage will be on this. I don't want people thinking that I am like the other leads services that send the lead to 8 agents!

Thank you for the compliment. I was an insurance agent for 10 years and I have been running an insurance lead company for 10 years. Between the two I have developed skin like leather. I am capable of taking a lot of heat! It's a real shame though that lead services get so much heat when they come on this board. I don't think it helps the board. I know lead services would be much more likely to link to this board and recommend it as a tool to help train agents if everyone took a moment and thought it all the way through before firing off flame posts.

It's good to give your opinion, but many people on this board are making assumptions and material misstatements of fact regarding leads, or just not telling all of the facts. Some do it unintentionally, some use it as a tool for revenge or other ulterior motives. That doesn't help the agents on this board. It doesn't help much of anyone.

The fact is that leads, when generated properly and worked properly, are a real boon to agents. Many agent's give up early or don't try them at all because they take a post as gospel.

I have been asked several times why I am here on this board, taking this heat. It's a good question. After all, no other lead company owners are on this board staying in the fray like I am. The reasons are numerous.

Actually, not all of my posts are about leads so directly. An unfortunate consequence of wading into this fire is that I have to spend an inordinate amount of time defending my company and the lead industry as a whole. Ironically, the posts I enjoy the most are about the importance of training and sales tips, especially my take on scripts (I don't believe in scripts, I believe in communication.) I was hoping that by now I would be spending more time on those type of posts but it doesn't seem like that's going to happen anytime soon.

Hopefully, through these posts I will get the following points across:

1) Not all leads are created equal and heres why...

2) Here is how to spot the good leads from the bad ones...

3) Not all salesman are created equal and heres what you need to know so that you are amongst the best...

4) Good Leads + Knowing How to Work Them = Success with Leads. Take either of those two variables out of the equation and the equation fails. Always consider both sides of the equation.

5) Don't post angry! Calm down, think it all the way through, then post. Flame posts that don't tell both sides of the story, or consider all the variables, don't help anyone. It might feel good to vent, but it really doesn't help this board or anyone on it.

Time for me to get to work on the forms...