Welcome, Art, to the love here at our little corner of litigation, remonstration, demonstration and consternation here at SI :-).
Yes, what you said, when you say BUY, it's a rec. It also depends whether it's commercial, are people paying you for the recs, and also if it's obvious that it's a call to action, meaning everyone, such as at a site like Trading Places, knew when Merlin said Take the Money that meant sell.
If you go back to some posts earlier today, the logs, these were recommendations. They said buy, they said use a stop loss, they said sell, they said lock up profits, they congratulated clients on profits (even if the clients were imaginary, ones they created to deceive their real clients). It's a bit different than just throwing an opinion out there on CNBC, like you said, I like this or that, not even close - especially when you're charging up to $500 a month for it. That was one of the big problems with the Merrill litigation that was just dismissed: if you're not paying for the advice, not a client of the adviser, then it's tough to prove reliance, that you expect certain things from your adviser, because in fact it wasn't really your adviser, just a guy issuing an upgrade on CNBC, carefully. In this case, we were all paying clients. |
