NOTE: The following news brief appeared in an issue of the Reference Service, Advertising Compliance Service and examined an advertising law-related action during the month of August 1996.
FTC AGREEMENT: INTERNET PROMOTER
BANNED FROM BUSINESS FOR LIFE
Advertisers that are not aware of the myriad laws, rules, regulations and administrative decisions affecting their advertising practices are playing a perilous game. A recent Federal Trade Commission (FTC) case illustrates just how perilous that can be--
An Internet promoter is out of the advance fee credit business forever,
under an agreement he signed to settle FTC charges against him. FTC
charged that he allegedly bolstered his promises of easy credit for
consumers by claiming he had an "excellent record" with the "National
Bureau of Consumer Affairs." FTC charged that the National Bureau of
Consumer Affairs was one of the names under which the promoter
conducted his South Carolina-based fraudulent credit services business.
The settlement negotiated by FTC also requires the promoter to pay
$3,500 in consumer redress, bars him from violating the Telemarketing
Sales Rules' provisions against deceptive or abusive telemarketing
practices, and imposes a broad ban on material misrepresentations in
connection with any product or service he sells in the future.
FTC's complaint alleged that the promoter advertised VISA cards and
loans with "no credit check" on the Internet and in many publications,
including Income Opportunities and the National Enquirer, and charged
an advance fee of $49. What consumers actually got for their money was
a list of companies offering loans (for which consumers had to
qualify), along with various self-help credit-related materials, said
the agency.
NOTE: This consent judgment is for settlement purposes only and does not
constitute an admission by the defendant of a law violation. Consent
judgments have the force of law when signed by the judge.
(National Bureau of Consumer Affairs et al., FTC File No. X96 0070,
Civil Action No. 2 96 1675 18, August 13, 1996; materials relating to
this FTC matter are available on the Internet at FTC's World Wide Web
site at: http://www.ftc.gov.)
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