Legal Library: Cases and Proceedings

In March 2018, the FTC filed a complaint and motion for preliminary injunction alleging that Alliance Security Inc., a home security installation company, and its founder, directly and through its authorized telemarketers, called millions of consumers whose numbers are on the National Do Not Call (DNC) Registry. At the same time, two of Alliance’s authorized telemarketers and their principals agreed to settle charges that they made illegal calls on Alliance’s behalf. In August 2019, the court issued two orders against the remaining defendants in the case. The first permanently bars Alliance from telemarketing and obtaining or using consumer credit reports without written authorization. The second, a preliminary injunction, imposes the same ban on the company’s CEO and founder Jasjit “Jay” Gotra. In May 2020, the FTC announced that Gotra had settled the case against him under a court order barring him from nearly all outbound telemarketing.

In March 2020, Michigan-based Federal-Mogul Motorparts LLC (Federal-Mogul) agreed to settle an FTC administrative complaint alleging that it made unsubstantiated claims that its aftermarket Wagner OEX brake pads could stop a vehicle in a shorter distance in an emergency and reduce the risk of collisions, as compared to competitors’ brake pads. The proposed order resolving the FTC’s complaint prohibits Federal-Mogul from making such claims in the future, unless they are true and supported by competent and reliable scientific evidence.

In September 2017, a group of online marketers agreed to pay more than $2.5 million to settle FTC charges that it deceived consumers with “free” and “risk-free” trials for cooking and golfing products. According to a complaint filed in March 2017, the defendants offered “free” products, without clearly disclosing that by accepting the “free” product consumers were agreeing to be charged each month for a subscription if they did not cancel. They also allegedly misrepresented their return, refund and cancellation policies. The order setting the FTC’s complaint barred the defendants from misrepresenting the cost of any good or service, that consumers will not be charged, that consumers can get something for a processing or shipping fee with no further obligation, and that a product or service is free. In April 2020, the FTC announced it was sending refund checks totaling $488,629 to defrauded consumers.

Veterinary service providers Compassion First and National Veterinary Associates, or NVA, have agreed to divest facilities in three locations to MedVet Associates, LLC, to settle Federal Trade Commission charges that Compassion First’s proposed $5 billion acquisition of NVA would violate federal antitrust law. According to the complaint, as proposed, the acquisition would harm competition in and around Asheville, N.C., and Greenville, S.C.; between Norwalk, Conn., and Yonkers, N.Y.; and  in and around Fairfax and Manassas, Va. for various specialty and emergency veterinary services, by eliminating close, head-to-head competition between the parties. Under the proposed settlement agreement, the order requires Compassion First and NVA to divest one clinic in each of the three geographic markets.

In March 2020, Nevada-based Health Center, Inc. (HCI) and its owner Peggy Pearce agreed to halt their allegedly deceptive advertising claims about three “cure-all” health and wellness products that targeted older consumers nationwide, in a settlement with the Federal Trade Commission. The order settling the FTC’s complaint prohibits HCI and Pearce from such deceptive conduct and imposes a partially suspended monetary judgment.

In October 2018, the FTC filed a complaint against defendants Forms Direct, Inc., also known as American Immigration Center, and owner Cesare Alessandrini, alleging that they falsely implied that their websites were affiliated with U.S. Citizenship and Immigration Services (USCIS).The defendants allegedly used such deception since 2010 to sell immigration form preparation services to consumers. The FTC’s settlement bars the defendants from continuing their misleading business practices and requires them to pay $2.2 million to compensate consumers. In early March 2020, the Commission announced it was sending checks totaling over $2 million to consumer defrauded through the scheme.

In April 2019, the FTC announced that 16 defendants settled charges that they deceptively marketed “cognitive improvement” supplements using sham news websites containing false and unsubstantiated efficacy claims, references to non-existent clinical studies, and fraudulent consumer and celebrity endorsements. The FTC also alleged the defendants used affiliate marketers to make deceptive claims for products including Geniux, Xcel, EVO, and Ion-Z. The settlements ban the defendants from engaging in similar conduct in the future. In February 2020, the Commission announced it was sending refund checks totaling over $551,000 to defrauded consumers.

In February 2020, two Oregon-based media production companies and their owner agreed to settle FTC charges that they deceptively pitched “exclusive” advertising placements to small businesses and misled them about when the ads would be printed and distributed. The order settling the FTC’s complaint bans the defendants from such deceptive conduct and requires them to pay $100,000.

Incentive Services, Inc., settled Federal Trade Commission allegations that the company made false claims in connection with the EU-U.S. Privacy Shield framework, which enables companies to transfer consumer data legally from European Union countries to the United States. 

InfoTrax, L.C. settled Federal Trade Commission allegations that the company failed to put in place reasonable security safeguards, allowing a hacker to access the personal information of more than a million consumers. 

Investment advisor Third Point LLC and three funds that it controls have agreed to settle Federal Trade Commission charges that the funds violated the premerger notification and waiting period requirements of the Hart-Scott-Rodino Act, or HSR Act, after they acquired the voting securities of DowDuPont Inc. According to the complaint, on Aug. 31, 2017, the shares of Dow Inc. held by the three Third Point funds – Third Point Partners Qualified L.P., Third Point Ultra, Ltd., and Third Point Offshore Fund Ltd. – converted to shares of the newly formed DowDuPont Inc. following the merger of Dow Inc. and E.I. du Pont de Nemours & Company. The three funds have agreed to collectively pay $609,810 in civil penalties, and they, together with Third Point LLC, will be barred from committing future violations of the HSR Act in connection with corporate consolidations.

The FTC and the State of Connecticut sued the marketers of LeanSpa in December 2011, charging that they used fake websites to promote acai berry and “colon cleanse” weight-loss products, and falsely told consumers they could receive free trials by paying a nominal shipping and handling cost. In reality, consumers paid $79.95 for the trial, and for recurring monthly shipments of the product that were hard to cancel. The LeanSpa marketers settled the complaint in 2014, agreeing to stop their allegedly deceptive practices and surrender assets for consumer redress. In October 2015, the FTC announced it was mailing more than 23,000 checks totaling over $3.7 million to consumers who bought LeanSpa products. In December 2019, the FTC sent a second round of checks totaling over $321,000 to consumers who bought LeanSpa products.

According to the agency’s April 2019 complaint, UrthBox violated the FTC Act by misrepresenting that positive consumer reviews on the BBB’s and other websites reflected the independent experiences or opinions of impartial consumers, while the reviewers actually had a material connection to the company. The FTC alleged that UrthBox did not adequately disclose that some consumers received compensation, including free snack boxes, to post those positive reviews. The final order settling the FTC’s charges bars the respondents from engaging in similar conduct and requires them to pay $100,000 to the FTC. In December 2019, the FTC returned more than $84,000 to compensate consumers charged after signing up for the trial offer.

In June 2018, the final two defendants among a group of California-based marketers were permanently barred from the deceptive marketing and billing tactics used in connection with selling skincare products offered to consumers with supposedly “risk-free” trials. The court order settled the charges against them, which the FTC announced in mid-2015. In all, 32 defendants who sold AuraVie, Dellure, LéOR Skincare, and Miracle Face Kit branded skincare products agreed to court orders with the FTC or had default orders entered against them. In November 2019, the FTC announced it was returning over $1.8 million to consumers who bought the deceptively marketed products.

In November 2017, the Federal Trade Commission charged a Georgia-based debt collection business with tricking people into paying money for debts they did not owe. A federal court temporarily halted the scheme and froze its assets at the FTC’s request. In September 2018, the operators settled the FTC’s claims and are now banned from the debt collection business and from buying or selling debt. The FTC mailed refund checks in September 2019 totaling more than $516,000 to 3,977 consumers as part of the settlement.

In July 2017, the FTC obtained court orders against this Maryland-based office supply operation charged with tricking small businesses, non-profit organizations, and other consumers into paying for overpriced office and cleaning supplies they never ordered. The stipulated orders setting the FTC’s complaint barred the company and its principals from telemarketing office and cleaning supplies. It also imposed a financial judgment against them, resulting in the Commission sending  refund checks totaling more than $11.6 million to small businesses and other organizations in August 2019.

In February 2017, the FTC and the Maine AG’s office announced a complaint and three settlements with dietary supplement marketers who allegedly used radio infomercials deceptively formatted as talk shows and print ads featuring fictitious endorsers to advertise supplements purporting to improve memory and to reduce back and joint pain. The settlement orders resolving charges against the named in the complaint bar them from making similar deceptive claims, and prohibit them from engaging in a wide range of marketing practices that have caused serious financial injury to consumers. In April 2015, the FTC sent refunds to consumers who bought one of the company deceptively marketed supplements, CogniPrin. In August 2019, the FTC send refunds to consumers who bought FlexiPrin, another supplement the company sold.

In December 2018, officers of a company that marketed and sold Nobetes, a pill they claimed treats diabetes, settled an FTC complaint alleging that the advertising claims for the product are false or unsubstantiated. The order settling the FTC’s complaint prohibits the company and its officers from undertaking future deceptive practices, including making unsubstantiated health claims, misleading consumers about the terms of “free trial” offers, billing consumers without their consent, and other practices related to the use of “expert” endorsements and consumer testimonials. In addition, it requires them to pay money to provide refunds to consumers who bought the product. In August 2019, the FTC returned $60,791 to these consumers.