The Ab Circle Pro case: A gut check for marketers

The FTC’s multimillion dollar settlement involving the Ab Circle Pro exercise device is great news for consumers.  But what does it say to businesses?

Inc.-orporate compliance.  Yes, there are good reasons why business people incorporate their ventures, but that “Inc.” after a company’s name doesn’t shield you from individual liability under the FTC Act.  In appropriate cases, the FTC will name key players to make sure an order will be effective in protecting future customers.  The FTC's lawsuit names not only the corporate entities behind the Ab Circle Pro promotion, but corporate officers, too.  For savvy marketers, that’s one more reason to exercise care when your company makes claims.

Liable to be liable?  These days it’s rare for a successful promotion to be the sole product of one creative entrepreneur.  The FTC Act may be nearing its 100th birthday, but when necessary, it’s limber enough to reach the “cast of thousands” who may be involved in an allegedly deceptive campaign.  For example, in the Ab Circle Pro case, the FTC named the infomercial host, who touted her own 80-pound weight loss using the product — a claim the FTC challenged as false.  Who else was named?  The infomercial producer and two companies she controls.  For perceptive promoters, the case serves as a mental sticky note not to assume that substantiation is someone else’s responsibility.

Weight and see.  Whether it’s pills, creams, devices, or those shimmying belt machines you see in old movies that claimed to shake fat off the waistline, we’re all looking for a shortcut to weight loss and washboards.  Over the years the FTC has brought hundreds of cases challenging misleading diet and fitness representations.  Companies can’t claim surprise when the FTC insists on solid science to support promises like that.

Refund-amentals.  The financial settlements in this case offer between 15 million and 25 million reasons why compliance counts.  Simply put, deceptive practices can cost you.  In case you're wondering where that money goes, it's returned to people who bought the product. 

How do you spell relief?  As pleadings watchers have noticed, the FTC’s complaint and order name The Readers Digest Association, Inc., as a relief defendant.  Why?  Two of the companies sued for their role in the promotion were subsidiaries of The Readers Digest Association and Readers Digest received money traceable as proceeds from acts the complaint says were illegal.  Therefore, according to the FTC, Readers Digest was “unjustly enriched” and it would be “unjust, inequitable, or unconscionable for it to retain those funds.”  Where does that money justly, equitably, and conscionably belong?  Back in buyers' wallets.  The message for marketers:  Keep tabs on what’s going on with subsidiaries and affiliates.

Know someone who bought the device?  Let them know they can apply for a refund online.

 

Comments

I never got a claim form mailed to me and I purchase an Ab circle pro 2 years ago in sports Authority paid $160.00 and called after the deadline to submit a claim form was April 15 and the answer was that no one that purchase an Ab circle pro at a retail store did not get a claim form in the mail and that I was late to submit a form that sucks and so unfair, thanks.
i never received a claim form, an thought i was still waiting, now what!
So I sent my form back in how much payment are we supposed to expect
Ms. Dobrowolski, we received thousands of refund requests that are being looked at now. The amount people will get back will depend on the total number of applicants, so we can't give you a precise dollar figure yet. But thanks for your patience as we finish up that process. Here's a good source of information about refunds for consumers in FTC cases.
My address changed. Is there a way to update it in the event I get a refund?
Anitan36, we want to make sure that eligible consumers get their refunds. So we'd suggest you call the Refund Administrator toll-free at (866) 402-4752.

I never got my check and I sent all my forms on time

I sent in all of my completed/signed forms, on time. Not only that, I also sent in paperwork I received from the BBB as I had to file a complaint against this (deceitful) company. I paid approx $200 for this equipment, directly from the company and not a retail store. They had a glitch in their computer system and tried to collect $2000 from me instead of the $200. I turned in ALL MY PAPERWORK, but I received absolutely nothing in return. When I finally talked to a rep from the FTC, I was told I was ineligible to receive a refund. I asked her how did they come to that conclusion after all of the paperwork I sent in. I was told that they checked with the company (the same company who was charged with misrepresentation, false advertising, basically lying) to confirm if I made the purchase or not, they were told I didn't. Really!!!!!????

Part 2. Every time I think about this I get extremely angry. This was completely unfair. I feel like I got screwed over twice by the same company. This website says at the top of the page, "protecting America's consumers". Is it only certain consumers, because I was NOT protected at all. I sent in credit card statements, that could've been EASILY VERIFIED by my credit card company. I mailed in a copy of a letter from the BBB...the BETTER BUSINESS BUREAU. Again, something that could've been easily verified. Whoever was assigned to this case did not complete their due diligence. The only reason I ended on this page is because I just received a refund check in the mail regarding another FTC settlement. I opened the check and immediately thought, "This MUST be a scam!" I didn't have to complete any forms for this case. Again, a case where I made a genuine, hopeful, honest purchase from a less-than-honorable retailer, and again the FTC has to go after them. In THIS case (FTC v.Lindsey Duncan), I completed NO FORMS, but received my (small, less-than-what-I-actually-paid) refund. However, when I completed all of the required forms (for FTC v. Fitness Brands aka Ab Circle Pro), on-time, in addition to the extra paperwork I had to research to get (proving this company harassed me by siccing a collection agency after me for money I DID NOT owe), pay to make additional copies, mail everything in, I received Ab-Circle-Pro-NOTHING. Thanks for protecting me...

Hi, MarMarB. I'm sorry to hear about your experience with the AbCircle Pro refund process. If you call the AbCircle Pro refund administrator at 844-449-3586, they can investigate your case. By the way, the details of every refund case are different, depending on the information we have from the defendants and what the Court requires. In some cases, buyers have to apply for a refund. In other cases, we can ask that consumers simply get checks. The check you received for FTC v. Lindsey Duncan is legitimate. You can find more information at ftc.gov/greencoffee.

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