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CLD
10th November 2006, 08:06 PM
Can they legally claim this?

Our team of psychic managers carefully screens all of our psychics before hiring them and continues to monitor them during the time they work with us. They verify that every Californiapsychics.com reader has the gift of clairvoyance and a positive, caring attitude.

http://californiapsychics.com/articles/about/90/Psychic_Accuracy.aspx

Horatius
10th November 2006, 10:40 PM
clair·voy·ance (klâr-voi'əns) pronunciation
n.

1. The supposed power to see objects or events that cannot be perceived by the senses.
2. Acute intuitive insight or perceptiveness.


It's all in which defintion you choose to use. Any bets on which one they choose?

Goshawk
10th November 2006, 11:05 PM
No, it's all in whether you can file a lawsuit to sue someone for not being clairvoyant--how would you do that? You can't.

Scenario: Person A consults a psychic to find out, say, if Person A's deceased mother is happy on the Other Side. Person A isn't happy with the results, for whatever reason (maybe he was hoping to hear that Ma was burning in Hellfire, and was dismayed to have the psychic tell him that she's well and happy), and decides to sue. The judge says, "Did you contract with the psychic to contact your deceased mother?" And Person A says, "Yes, I did." And the judge says, "And did the psychic in fact contact your dead mother?" And Person A says, "Yes, she did." And the judge says, "You haven't got a case; you paid her to contact your dead mother, and she did."

Alternatively, Person A says, "No, she didn't contact my mother." And the judge says, "How do you know that?" And the Psychic says, "Well, I sure contacted someone who claimed to be Person A's mother." And the judge says, "There's no guarantee in the implicit contract that the psychic will contact the person requested; as long as she contacted someone, and that person claimed to be the person requested, that's all she can do."

And no, IANAL, but it's just common sense. The website can guarantee all their psychics are clairvoyant because there's no way they can be liable if they aren't.

CLD
10th November 2006, 11:58 PM
No, it's all in whether you can file a lawsuit to sue someone for not being clairvoyant--how would you do that? You can't.

Scenario: Person A consults a psychic to find out, say, if Person A's deceased mother is happy on the Other Side. Person A isn't happy with the results, for whatever reason (maybe he was hoping to hear that Ma was burning in Hellfire, and was dismayed to have the psychic tell him that she's well and happy), and decides to sue. The judge says, "Did you contract with the psychic to contact your deceased mother?" And Person A says, "Yes, I did." And the judge says, "And did the psychic in fact contact your dead mother?" And Person A says, "Yes, she did." And the judge says, "You haven't got a case; you paid her to contact your dead mother, and she did."

Alternatively, Person A says, "No, she didn't contact my mother." And the judge says, "How do you know that?" And the Psychic says, "Well, I sure contacted someone who claimed to be Person A's mother." And the judge says, "There's no guarantee in the implicit contract that the psychic will contact the person requested; as long as she contacted someone, and that person claimed to be the person requested, that's all she can do."

And no, IANAL, but it's just common sense. The website can guarantee all their psychics are clairvoyant because there's no way they can be liable if they aren't.

I tend to agree. However, what about Scenario C: you ask the clairvoyant to find your lost keys. Or the location of Amelia Earhardt's downed plane. Or where Osama Bin Laden is. The company has verified that the person is clairvoyant, I paid my money, yet the keys, the plane and Osama are not where she says they are. On that site I could not find the usual disclaimer that the readings are for entertainment only.

rjh01
11th November 2006, 01:01 AM
Can they legally claim this?

Our team of psychic managers carefully screens all of our psychics before hiring them and continues to monitor them during the time they work with us. They verify that every Californiapsychics.com reader has the gift of clairvoyance and a positive, caring attitude.

http://californiapsychics.com/articles/about/90/Psychic_Accuracy.aspx

There is another way to approach this. Get a job with them. See how carefully they screen you. If they do not screen you very well then they are publishing a misleading advertisement. In Australia that is illegal. What is the law where you are?

chillzero
11th November 2006, 03:10 AM
There is another way to approach this. Get a job with them. See how carefully they screen you. If they do not screen you very well then they are publishing a misleading advertisement. In Australia that is illegal. What is the law where you are?

Exactly what I was goign to recommend.
:D

nails3jesus0
11th November 2006, 10:43 AM
lol places that recruit phone sex operators usually do the recruiting for phone psychic hotlines as well. Maybe the ones with unsexy voices end up being psychics

CLD
11th November 2006, 10:47 AM
OK...I found a disclaimer on their page...I think.

If you're not satisfied with your California Psychics experience, call our customer care team at 1.800.573.4830 or send an email to help@californiapsychics.com. Remember we don't guarantee that our psychics' predictions will come true, but we promise that you will enjoy the reading.

thatguywhojuggles
11th November 2006, 11:52 AM
OK...I found a disclaimer on their page...I think.

If you're not satisfied with your California Psychics experience, call our customer care team at 1.800.573.4830 or send an email to help@californiapsychics.com. Remember we don't guarantee that our psychics' predictions will come true, but we promise that you will enjoy the reading.


I'm sorry mam, but we can't guarantee that the car we are selling you actually runs. But don't worry, you'll enjoy sitting in the office and filling out the paperwork.

blutoski
11th November 2006, 12:15 PM
I'm sorry mam, but we can't guarantee that the car we are selling you actually runs. But don't worry, you'll enjoy sitting in the office and filling out the paperwork.

In all seriousness, though: this is an old debate, and a bad analogy. My wife's a doctor, and she can't guarantee a patient will be cured. She charges for her efforts. But that doesn't make medicine a dodgy profession. I do management consulting and project management. I can't guarantee your enterprise will be profitable, but I charge for my time nevertheless.

In the case of clairvoyants, they are obviously charging for their time, and there is obviously another critically important 'party' who did not sign the contract (the dead), and the activity may not be fruitful.



The question about the legitemacy of the screening process is, however, relevant. The professions I listed above have standards and legal bodies, and can remove members from their certification. A doctor can lose his licence, a lawyer can be disbarred, and a project manager can lose his certification. Shoot: back when I was an electrician journeyman, I could lose my certification!

When these small-time crook psychics fail, there's no body to whom the public can complain, so they can continue operating. In a worst-case scenario, they can pull up stakes and move to a new community.

TjW
11th November 2006, 12:17 PM
Satisfaction guaranteed: If we're not 100% satisfied with your money, we'll give it back.

Horatius
11th November 2006, 01:24 PM
In all seriousness, though: this is an old debate, and a bad analogy. My wife's a doctor, and she can't guarantee a patient will be cured. She charges for her efforts. But that doesn't make medicine a dodgy profession. I do management consulting and project management. I can't guarantee your enterprise will be profitable, but I charge for my time nevertheless.

The difference is, I'm pretty sure your wife doesn't put up ads that "guarantee" a cure, but which includes a fine print retraction of the guarantee. Every doctor I've ever met has always been upfront about what they can and can't do, and they don't play these deliberately misleading (but not technically lying) games.

blutoski
11th November 2006, 01:34 PM
The difference is, I'm pretty sure your wife doesn't put up ads that "guarantee" a cure, but which includes a fine print retraction of the guarantee. Every doctor I've ever met has always been upfront about what they can and can't do, and they don't play these deliberately misleading (but not technically lying) games.

I don't think this website did, either: they only guaranteed that their clairvoyants were genuine - not that they could complete any request dreamed up by a customer.

In my experience, clairvoyants are pretty up-front about what they can accomplish, too: they say that there's no guarantees that they can connect with your deceased loved-ones, but that they are more likely than a layperson because they have a talent.

In fact, this is a common complaint of skeptics: that psychics have such a huge litany of prepared excuses for failure.

Horatius
11th November 2006, 02:19 PM
I don't think this website did, either: they only guaranteed that their clairvoyants were genuine - not that they could complete any request dreamed up by a customer.

Yes, but the question is, what constitutes being a "genuine" clairvoyant? I know what it means to be a genuine doctor, or mechanic, but how do they define "clairvoyant"? What does it mean to "have the gift of clairvoyance"?

Our team of psychic managers carefully screens all of our psychics before hiring them and continues to monitor them during the time they work with us. They verify that every Californiapsychics.com reader has the gift of clairvoyance and a positive, caring attitude.

clair·voy·ance (klâr-voi'əns) pronunciation
n.
1. The supposed power to see objects or events that cannot be perceived by the senses.
2. Acute intuitive insight or perceptiveness.


I'd contend that most people reading their claim would expect someone who fits the first definition, while the company would insist they only meant the second. Not technically lying, but misleading, because they know people will tend to interpret it in a different way.

CLD
11th November 2006, 04:38 PM
Ai carumba! This is how they "verify" their clairvoyants.

We're very selective.

First, a potential reader is interviewed and their references are checked. If the interview goes well, the psychic will do a test reading for one of the psychic managers. The test readings are usually quite detailed and can last up to an hour. During these readings, the manager will try to ascertain the limit of their abilities and make sure they are not reading from a script or trying to bluff their way through a reading.

If a psychic can make it through this "first cut" (which most do not), we will often ask them to do a second or third reading with the other psychic manager and/or a customer service manager. This way, we know that they aren't giving the same reading to everyone and they are able to consistently provide accurate, uplifting readings.

A psychic is first hired for a trial period, during which time we closely monitor his or her performance and actively seek customer feedback on that psychic. Throughout his or her employment, we continue to monitor the psychic's performance. Part of our Customer Care Team's job is to get feedback from new customers, so we can hear complaints and compliments on all readers-new and old. We regularly have employees do "blind" test readings for accuracy and to make certain that nothing improper goes on during the readings.

Many of the psychics we hire are referred to us by other readers. Yet, more and more often those extremely gifted psychics hear about our company and contact us first.

blutoski
11th November 2006, 10:50 PM
I'd contend that most people reading their claim would expect someone who fits the first definition, while the company would insist they only meant the second. Not technically lying, but misleading, because they know people will tend to interpret it in a different way.

The first is still ironclad, though. Try to disprove such a claim!

Admiral
11th November 2006, 11:23 PM
I tend to agree. However, what about Scenario C: you ask the clairvoyant to find your lost keys. Or the location of Amelia Earhardt's downed plane. Or where Osama Bin Laden is. The company has verified that the person is clairvoyant, I paid my money, yet the keys, the plane and Osama are not where she says they are. On that site I could not find the usual disclaimer that the readings are for entertainment only.

As any judge (or Randi) would point out, they never claimed to be able to find your lost keys. They claim to help you with love, etc., but just because they say they're clairvoyant doesn't mean they claim to be able to find keys, or Bin Laden, or whatever.

Imagine you went to a furniture store. The store publicly claims to sell chairs. You show up and demand couches, then when they tell you they don't have any couches, you sue them because they claimed to have furniture.

No judge would ever allow that. Let's face it- they're clearly deceptive cheats, but you can't sue them based on anything they did.

CLD
12th November 2006, 01:06 AM
True, they are not legally liable. But they are pushing the envelope a bit by alluding to "accuracy" and that they have the ability to reach the deceased.

Our psychics are just a phone call away

There are many advantages of a psychic reading over the phone.

Sometimes first-time customers worry that a phone call is not as effective or will not yield as good a connection as a psychic reading done in person. On the contrary, a reading that is done over the phone assures the energy is "pure."

During a phone call, the energy that the psychic is reading cannot be distorted or prejudiced by any distractions that the psychic might pick up on from the person being in the same room, for example, a peculiar necklace or a person's facial reactions, etc. And if a good connection is made, (this is not determined by proximity), then, having a phone psychic at your disposal is much more convenient and affordable than having to make an appointment and travel to the psychic's place of business. This also allows each of our psychics to conduct their readings in a place of their choosing. One that best suits their working style. We have found that when a psychic is in their own environment, they tend to be the most effective. This means accuracy for them, which translates to satisfaction for our customers.

And, finally, as our Psychic Managers say, "Energy is energy. If a psychic has the ability to reach beyond this realm to the departed as well as into past lives, surely, a phone line will not present a problem for a truly gifted psychic."