FTC Enforcement

May 21, 2015

At the request of the FTC, a federal court has temporarily halted a sweepstakes operation based in Fort Lauderdale that took more than $28 million from consumers throughout the United States and other countries, including Australia, Canada, France, Germany, Japan, and the United Kingdom. The FTC seeks to permanently end the allegedly illegal practices and return money to victims.

May 15, 2015

The FTC mailed checks totaling approximately $3 million to consumers who lost money to TriVita, diet supplement marketers who made unsupported claims that their cactus-based fruit drink, Nopalea, would treat a variety of health problems.

May 12, 2015

The FTC charged Lunada Biomedical with misleading claims about weight loss. The FTC has filed a federal court complaint seeking to prohibit the company and its principals from advertising that their dietary supplement Amberen causes substantial weight loss for women over 40, and that the weight loss is clinically proven. Between 2010 and 2013, Lunada sold almost $65 million worth of Amberen nationwide. Jessica Rich, Director of the FTC’s Bureau of Consumer Protection, said “Lunada marketed Amberen to women over 40 as ‘clinically proven’ to cause weight loss, but their own studies didn’t support those claims.”

April 21, 2015

National mortgage servicing company Green Tree Servicing LLC agreed to pay $63 million to resolve FTC charges that it harmed homeowners with illegal loan servicing and debt collection practices. The FTC alleged that Green Tree made illegal and abusive debt collection calls to consumers, misrepresented the amounts people owed, and failed to honor loan modification agreements between consumers and their prior servicers, among other charges. Green Tree has also agreed to create a home preservation plan for some distressed homeowners and take rigorous steps to ensure that it collects the correct amounts from consumers. FTC

April 20, 2015

The FTC announced that Cardinal Health, Inc. has agreed to resolve charges that it illegally monopolized 25 local markets for the sale and distribution of low-energy radiopharmaceuticals and forced hospitals and clinics to pay inflated prices for these drugs. The proposed stipulated order requires Cardinal to pay $26.8 million of ill-gotten gains and represents the second largest monetary settlement the FTC has obtained in an antitrust case. The order also includes provisions to prevent future violations and restore competition in six markets where Cardinal remains the dominant radiopharmacy. FTC

April 20, 2015

The FTC has approved a final consent order with AmeriFreight, an automobile shipment broker, which stops the company from touting its highly rated online reviews while failing to disclose that the company compensated consumers to write them. According to the FTC’s complaint, AmeriFreight represented that its online reviews were those of satisfied customers, but failed to disclose that AmeriFreight compensated the reviewers with discounts and incentives. AmeriFreight gave consumers $50 discounts to write favorable reviews, and offered consumers the chance to win an additional $100 if their review was selected for a monthly prize. FTC

April 7, 2015

Network Solutions LLC has agreed to settle FTC charges that it misled consumers who bought its web hosting services by promising a full refund if they canceled within 30 days. In reality, the company withheld substantial cancellation fees from most refunds. In an administrative complaint, the FTC alleged that Network Solutions offered web hosting packages with a “30 Day Money Back Guarantee,” but did not adequately disclose that it withheld part of the refund – up to 30 percent – from customers who cancelled within 30 days of buying an annual or multi-year package and registering an included domain name. FTC

April 6, 2015

A U.S. district court has ruled that LeadClick Media, an affiliate marketing network, and its parent company, CoreLogic, Inc., must turn over $16 million in ill-gotten gains they received from a deceptive marketing scheme that sold purported weight-loss products. In granting the FTC’s request for summary judgment, the court ruled that LeadClick was responsible for the false claims made by affiliate marketers it recruited on behalf of LeanSpa, LLC, a company that sold acai berry and “colon cleanse” weight-loss products. According to the FTC’s Complaint, LeanSpa used a “free trial” ploy to enroll consumers into its recurring purchase program that cost $79.99 a month and that was difficult to cancel. FTC

March 31, 2015

The FTC has entered into a settlement with Phoebe Putney Health System, Inc., the Hospital Authority of Albany-Dougherty County, and HCA Inc. resolving the Commission’s charge that the Hospital Authority’s acquisition of Palmyra Park Hospital, Inc. from HCA Inc. – which created an effective hospital monopoly in the Albany, Georgia area – was anticompetitive. This consent agreement follows a significant Supreme Court victory in 2013 that reaffirmed the narrow scope of state action immunity and allowed the Commission to challenge this transaction. Due to the unavailability of structural relief, the consent does not require a divestiture. FTC

March 27, 2015

The FTC mailed 358 refund checks totaling $939,207 to consumers who lost money after paying performance deposits to become business or sales consultants to National Business Consultants, Inc. and its owner, Robert Namer. According to the FTC, the company falsely told consumers, among other things, that they provide consulting assignments, so consumers do not have to market their own services, that their consultants and sales consultants were likely to earn between $35,000 and $100,000 per year through their program, and that the company would refund deposits to consultants who earn a specific amount of money within a certain time frame. FTC