Legal Library: Cases and Proceedings

In April 2020, the marketers of three supplements called Neurocet, Regenify, and Resetigen-D settled FTC charges that they deceptively promoted their products to older Americans using false claims that their products could stop pain and treat age-related ailments. The proposed order bars the defendants—five related companies and their principals from making any claims about the health benefits of their products unless they are true and supported by scientific evidence. In October 2021, the FTC announced it was returning $1.1 million to consumer who bought the defendants’ products.

A federal court issued a temporary restraining order against Marc and Courtney Grisham and two companies they operate, Disruption Theory LLC and Emergent Technologies LLC, which do business as inmatecall.com and inmatecallsolutions.com, related to FTC allegations they offered fake calling plans for unlimited minutes and falsely claiming to be affiliated with companies authorized to provide calling services to people who are incarcerated.

The operators of the MoviePass subscription service have agreed to settle Federal Trade Commission allegations they took steps to block subscribers from using the service as advertised, while also failing to secure subscribers’ personal data.The operators of the MoviePass subscription service have agreed to settle Federal Trade Commission allegations they took steps to block subscribers from using the service as advertised, while also failing to secure subscribers’ personal data.

Announced in June 2019 as part of a crackdown on illegal robocalls against operations around the country responsible for more than one billion calls, thisFTC complaint against five corporate and four individual defendants<, alleges that since at least 2017 the defendants have used a combination of illegal telemarketing robocalls, live telephone calls, text messaging, internet ads, emails, social media, and live events to market and sell consumers fraudulent money-making opportunities. The complaint charges the defendants, who operate from California, Colorado, New York, and Tennessee, with violating the FTC Act, the Telemarketing Sales Rule (TSR), or both, by making deceptive earnings claims through robocalls and other marketing techniques. In September 2021, The Federal Trade Commission sent checks totaling more than $1 million to consumers who were harmed by the company.

The owner and operator of Inmate Magazine Service, a company that scammed prisoners and their families by charging them for magazine subscriptions that either showed up late or not at all, will be permanently banned from selling or marketing magazine subscriptions.

Under the terms of a settlement with the Federal Trade Commission and the Florida Office of Attorney General, Roy Snowden, who owned and operated a number of businesses that operated as Inmate Magazine Service, will also be required to surrender the contents of multiple bank accounts.

The FTC and Florida’s complaint against Snowden and his companies alleged that they marketed magazine subscriptions to consumers serving prison sentences, as well as their families, offering to send the magazines to the prisoners while they were incarcerated and promising the magazines would arrive within 120 days.

In many cases, the magazines never arrived or were delivered far later than promised, with no notification to the consumers about delayed shipment or the chance to cancel their orders as required by the FTC’s Mail, Internet, or Telephone Order Merchandise Rule. The complaint also alleged that consumers were almost never able to contact the company to request refunds or status updates on orders.

Online Trading Academy is required to offer debt forgiveness to thousands of consumers who purchased its “training programs,” while the company’s founder and other individuals will together pay between $5 and $9.1 million and turn over assets under the terms of a settlement with the FTC.

The FTC brought a lawsuit alleging that OTA, led by Eyal Shachar, had deceived consumers for years with claims that purchasers of OTA’s investment training were likely to generate significant income. OTA claimed that anyone could learn to use its strategy, and filled its sales pitch with testimonials and hypothetical trades showing significant profits. In August 2021, the Commission announced it is returning more than $5.4 million to defrauded consumers.

The FTC filed an administrative complaint charging that 1-800 Contacts, the largest online retailer of contact lenses in the United States, unlawfully orchestrated a web of anticompetitive agreements with rival online contact lens sellers that suppress competition in certain online search advertising auctions and that restrict truthful and non-misleading internet advertising to consumers. According to the administrative complaint, 1-800 Contacts entered into bidding agreements with at least 14 competing online contact lens retailers that eliminate competition in auctions to place advertisements on the search results page generated by online search engines such as Google and Bing. The complaint alleges that these bidding agreements unreasonably restrain price competition in internet search auctions, and restrict truthful and non-misleading advertising to consumers, constituting an unfair method of competition in violation of federal law.