Consumer Reports recommends NACHI members and tells where to find them.

[John McKenna]

Is it against the law for Nick to post this news item
on the forum? I don't think so.

Is it against the law for me to post a link to the
NACHI link that Nick posted? I don't think so.

Help me if I am wrong. I will not post the logo
for now... but will wait and see what we hear.

This is a big endorsement and NACHI should be
blowing it from the house top.

I put the following text on my web site with
a link to the news link that Nick provided:

NEWS: "Consumer Reports®"
Recommends NACHI Inspectors

[jmichalski]

Originally Posted by jmckenna1

Is it against the law for Nick to post this news item
on the forum? I don't think so.

Is it against the law for me to post a link to the
NACHI link that Nick posted? I don't think so.

Help me if I am wrong. I will not post the logo
for now... but will wait and see what we hear.

This is a big endorsement and NACHI should be
blowing it from the house top.

NACHI doing anything that could be construed as advertising, or commericial use of the content is - by my reading of the Consumer Reports policy - not allowed.

Posting the like on your website may be construed as "any commercial use" - but that is a conversation I would first have with Consumers Reports, or an attorney.

Finally, I think it is noteworthy that using phrases like "endorsement" and "approved" by Consumers Reports are not completely accurate. The article says that Nick says "blah, blah, blah" and may be construed as recommending the idea of an inspection as a cost saving tip. At no point does Consumer Reports endorse NACHI specficially (as, for example, they rate one brand of blender over another make).

So, while this is a nice marketing piece - I think it's effectiveness lies primarily (if not entirely) in however many of these are sent out and read by potnetial clients. Still, a nice placement.

[jmichalski]

John - do as you like, but I think the use of the consumer reports name is expressly forbidden and the note that they recommend NACHI inspectors is not only incorrect, but also exactly what the intent of this policy is written to forbid.

In addition, this policy precludes any commercial use of any of Consumers Union’s published information in any form, or of the names of Consumers Union®, Consumer Reports®, or any other of Consumers Union’s publications or services, without our express written permission.

[jmichalski]

Originally Posted by mlong

Even if we can't use it for direct marketing, a promotion by Consumer Reports is good stuff!

Exactly!

[Roy D. Cooke, Sr]

Originally Posted by pabernathy

That would be MOST excellent if that is possible.....most of the time when Consumer Digest awards someone or a product you can use their logo....not sure in this case...Nick would have to find that out I guess.

What ya say NICK......?

Roy....on the Pet side of my business ventures...one of my competitors uses the seal from them.....as well as many others if awared the consumers best buy.....I dont think this is a best buy so you may be right....

I think you might be mistaken Consumers Report is completely arms length from all .
They have secret shoppers who buy the stuff and test it .
There is an organization Called Consumers Union I Think thats the name,they are advertising supported and they do let people think they are the testing agency .
Wrong they are not and any one with enough money can get their name in this group .
Money to Consumers Report only gets you a membership and their monthly Book.
Go To and read WWW.Consumersreport.org .
Been a member for every it seems .
Roy Cooke

[Paul W. Abernathy]

I was refering to this award....which many companies use if they are selected....

[jmichalski]

Originally Posted by pabernathy

I was refering to this award....which many companies use if they are selected....

Paul, that seems to be a different organization and I am sure (from the look of the seal) that they intend for it to be used as such.

Consumer Reports, on the other hand, is a very dedicated consumer organization that prides itself on not taking advertising dollars or allowing its reports to be used for commercial/advertising/promotional purposes.

[Nick Gromicko]

NACHI, like Consumer Reports, is also an organization that prides itself on not taking advertising dollars. NACHI.org for instance gets 14 million hits a month and you won't find a single paid ad or banner ad on any of its 210,000 pages.

Anyway, you are free to reference this page http://www.nachi.org/consumerreports2006.htm in your advertising, although Consumer Reports probably doesn't need the help... they just gave NACHI members million$ in free advertising.

This is all part of NACHI's efforts to get you all more inspections direct from home owners and home sellers. More and more we will by by-passing agents who more and more, refer less and less inspections for a variety of reasons (more seller inspections being done, more agents being fearful of negligent referral suits, softer markets).

[jmichalski]

Originally Posted by gromicko

Anyway, you are free to reference this page http://www.nachi.org/consumerreports2006.htm in your advertising,

That does not seem to agree with Consumer Reports stated position that their name, published information, or content can not be used in any commerical capacity, in any form. This is expressly not allowed in advertising, or in use to promote a service or product.

Did you ask for and get Consumer Reports permission for this use?

[Nick Gromicko]

Yes, and I'm not sure if it was becuase it is not a commercial capacity (we are a non-profit, tax-exempt organization reporting a fact) or because I only re-published the portion of the guide that I contributed, but we are fine, as are our members who point to that link.

Furthemore, I am in contact with them in an effort to purchase several hundred thousand full copies for our own use.

[John McKenna]

I am simply pointing to the same link that Nick created
to show the NEWS that NACHI has been published
in the Consumer Report guide. This is a positive
recommendation or they would not print it with their
logo on the front.

Nick is taking all the heat when he gives all the members
the permission to link to his NEWS story link.

They will go after Nick before they go after all the little
members who repeat Nicks story.

In the real world, the worst that may happen is that they
will ask Nick to remove the link or re-word it.

Legal verbage is sometimes there for the times you need
it, and most of the time is never really used in the real world.
They might go after someone who was abusing their name,
but not punish a company for telling others about the news
they themselves are trying to tell the world about.

Relax.

[jmichalski]

Originally Posted by jmckenna1

I am simply pointing to the same link that Nick created
to show the NEWS that NACHI has been published
in the Consumer Report guide. This is a positive
recommendation or they would not print it with their
logo on the front.

Nick is taking all the heat when he gives all the members
the permission to link to his NEWS story link.

They will go after Nick before they go after all the little
members who repeat Nicks story.

In the real world, the worst that may happen is that they
will ask Nick to remove the link or re-word it.

Legal verbage is sometimes there for the times you need
it, and most of the time is never really used in the real world.
They might go after someone who was abusing their name,
but not punish a company for telling others about the news
they themselves are trying to tell the world about.

Relax.

I personally don't care what you do with it. I was pointing out that Consumer Reports specifically forbids the use of their name in any manner realted to promotion of a product or services.

They do, indeed, punish companies for trying to use the information and content (and especially the name) even when distributing positive evaluations by CR. That is the entire point behind it.

They don't want to be a shill, and they don't want to be pimped out by those they rate.

It isn't about who they will "go after" and when - it's about doing the right thing. I thought CMIs had to abide by some holier than thou Ethics standards? Shouldn't you (ethically) check with the authors of the piece to determine if this is an acceptable use?

If Nick has permission, then so be it. If it includes permission for you to use their name and information, then you are OK.

If not, I would contact them to find out if it is ok. Simply forward the link you have posted on your site to CR and ask if you can display this in this manner on your site. I am certain they will give you a simple yes or no.

[jmichalski]

In fact - do a google search for "Consumer Reports recommends", and you will find that there are nearly NO links to CR articles except as a third person report about the ratings in general. There are no links that come back from sites promoting products or services.

They do take this very seriously (even if you are just posting positive reports), as do many consumer oriented organizations (Angie's List comes to mind.)

[John McKenna]

Originally Posted by jmichalski

It isn't about who they will "go after" and when - it's about doing the right thing. I thought CMIs had to abide by some holier than thou Ethics standards? Shouldn't you (ethically) check with the authors of the piece to determine if this is an acceptable use?

If Nick has permission, then so be it. If it includes permission for you to use their name and information, then you are OK.

If not, I would contact them to find out if it is ok. Simply forward the link you have posted on your site to CR and ask if you can display this in this manner on your site. I am certain they will give you a simple yes or no.

Read Nicks post again.

He said he has talked with CR and we can link to the NACHI news release.

Until proven otherwise, I consider Nicks instructions to be ethical, and CR
must think its OK too. So I am doing the ethical thing also.

Please contact CR if you think Nick is telling a lie...

Relax.

[jmichalski]

I will do you one better, since I take Nick's word for nothing - I will forward your link to CR and see if they think it is ok.