[{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2014/10/first-ftc-rosca-case-challenges-bogus-bogo-free-claims","titre":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims","id":3201052,"pubDate":"Wed, 07 Oct 2026 08:05:50 +0200","description":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims wfg-adm109 October 21, 2014 | 12:02PM First FTC ROSCA case challenges bogus BOGO and \"free\" claims By Lesley Fair It’s called ROSCA – the Restore Online Shoppers’ Confidence Act – and it prohibits marketers from charging consumers for an online transaction unless the marketer has clearly disclosed all material terms of the deal and received the consumer’s express informed consent. Your e-commerce clients will want to know about the FTC’s first ROSCA case , filed recently in Nevada. According to the lawsuit, Health Formulas, LLC and a tangle of related California- and Nevada-based companies and individuals – consumers may know them as Simple Pure Nutrition – pitched a variety of products for weight loss, muscle building, virility, and skin care. The defendants advertised diet supplements like Pure Green Coffee Bean Plus and RKG Extreme as a shortcut to drop the pounds: “Burn fat without diet or exercise,” “Extreme weight loss!” “Shed pounds fast!” “Super concentrated double fat burning,” etc. Among the defendants’ more colorful business names: Weight Loss Dojo, Longhorn Marketing (sorry, Texas fans), Black Bull, and Unleash the Thunder. But unsubstantiated weight loss claims were just the start. The FTC says the defendants lured people in with bogus promises of a “free” trial or deceptive buy-one-get-one (BOGO) offers. Then they tricked consumers into giving their credit or debit card information with the false implication that consumers had to “just pay shipping.”   Digits in hand, the defendants really went to town, allegedly signing consumers up without their authorization for a negative option program that billed their accounts over and over again, to the monthly tune of between $60 and $210. The FTC says the defendants violated ROSCA by using a negative option feature without providing clear and conspicuous disclosures, getting the consumer’s express informed consent, and offering a simple mechanism for stopping the recurring charges. The FTC’s complaint also cites the defendants’ hard-to-find and hard-to-understand fine-print “terms and conditions,” which consumers could reach only by scrolling through the equivalent of two printed pages and clicking on an obscure hyperlink. Assuming they found it – and that’s a big if – the typical “terms and conditions” document was 10 pages long. On some websites, consumers had to scroll down the payment page to see further fine-print disclosures about the cost of the products. The first sentence reiterated what consumers generally understood (“You must pay a shipping and handling fee of $4.95 for us to send you a full 30 day supply of Garcinia Cambogia Extract”) but it wasn’t until the middle of the paragraph that the defendants mentioned that the trial period lasts only 14 days, that it began when the items were shipped (not delivered), and that consumers would be charged after that. Other websites didn’t even include that information. According to the lawsuit, consumers who attempted to take the defendants up on their money-back guarantee were met with a series of undisclosed roadblocks. In addition to the ROSCA counts, the FTC says the defendants’ practices violated the Electronic Fund Transfer Act by debiting consumers’ accounts on a recurring basis without their prior written authorization. What’s more, the complaint charges that the defendants continued to call people after being told to cut it out, in violation of the Telemarketing Sales Rule’s entity-specific Do Not Call provisions. The FTC says they also violated the TSR through a series of deceptive upsells. A federal judge has entered a temporary restraining order and the FTC is seeking to put a permanent stop to the defendants’ illegal practices. If your clients have ROSCA questions, the"},{"description":"FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices lfair July 30, 2018 | 11:05AM FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices By Lesley Fair If it looks like a duck and quacks like a duck, it’s probably a duck. But the same can’t be said for a mailer that looks like an official invoice. It could be an “o- fishy -al” offer that deceptively mimics the appearance of a government document. A case filed by the FTC and the Florida Attorney General challenges the practice of sending mailers that allegedly create the false impression that small businesses are required to buy labor regulation posters from the sender. Consider what defendants Starwood Consulting, also doing business as Corporate Compliance Services, and company president Thomas Henry Fred, Jr., sent to small businesses. The mailers – which include a Washington, D.C., 202 area code – are titled “LABOR LAW COMPLIANCE REQUEST FORM” and include the warning “Failure to comply with posting regulations can lead to fines up to $17,000.” The mailers include a “Business ID” and instruct recipients to respond by a certain date. Small businesses can’t miss the purported consequences of ignoring the letter: Your business is required by federal law to post a current compliant labor law poster in the workplace. Federal law requires that this poster be placed on the property of the business. Whether you have 1 employee or 1,000 you must post current employment posters in the workplace. The poster must also include information about workers compensation benefits. Pursuant to federal law 29 USC Sec. 999(i) & 29 USC Sec. 2005 penalties and risks of non-compliance with posting regulations can lead to potential fines of $17,000 per instance, for failing to post federally required information. Further, lawsuits can be tolled based on failing to display mandatory posters. . . . To obtain your Federal employment labor law poster, please detach the above coupon and return it in the enclosed envelope with your document processing fee of $84.00. The mailer continues: “IMPORTANT! FOLLOW INSTRUCTIONS EXACTLY WHEN COMPLETING THIS FORM.” Those instructions include directions to detach the “payment coupon,” return it with the “document fee” of $84, and keep the bottom portion as the “official receipt.” The enclosed return envelope is addressed to “Corporate Compliance Services, Compliance Processing Center.” That’s a description of the mailer, but here are the facts, according to the FTC and the AG. First, the mailer isn’t from a government entity or affiliate. Starwood Consulting and its d/b/a Corporate Compliance Services are private companies in the business of selling those posters. In addition, despite the 202 area code, the defendants have no operations in Washington and posters similar to the ones the defendants peddle are available for free from the U.S. Department of Labor. What about those statutory provisions referring to “potential fines of $17,000 per instance”? In fact, neither of those citations has anything to do with labor posters. 29 U.S.C. § 999(i) refers to repealed provisions of the Young Adult Conservation Corps and 29 U.S.C. § 2005 addresses the Employee Polygraph Protection Act. According to the complaint , recipients of the mailer are often small businesses that have recently incorporated or established limited liability companies. What’s more, some businesses say they never received the posters they paid for. Others report they got second notices that they had to pay another $84 fee to get an updated poster. Despite a small “disclaimer” at the bottom of the reverse side of the mailer that “[t]his offer serves as a solicitation and not to be intended as a bill due,” the FTC and the AG say that business owners were misled and filed more than 250 complaints about the company. (According to the Better Business","id":3198177,"pubDate":"Mon, 05 Oct 2026 14:07:45 +0200","titre":"FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices","url":"https://www.ftc.gov/business-guidance/blog/2018/07/ftc-florida-ag-small-business-scrutinize-o-fishy-al-invoices","source":"FTC USA Business Blog Posts"},{"url":"https://www.ftc.gov/business-guidance/blog/2014/11/company-pay-22-million-offering-free-credit-scores-turned-out-be-not-so-free","source":"FTC USA Business Blog Posts","description":"Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free wfg-adm109 November 19, 2014 | 11:12AM Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free By Lesley Fair We’ve brought law enforcement actions – dozens of ‘em. We’ve held workshops, issued reports, and sent warning letters. If it takes sky writing, tap dancing, and a float in a Thanksgiving Day parade, we’ll do that, too. But here’s what’s not going to happen. The FTC is not giving up until businesses get the message that: 1) Free means free; and 2) Key terms and conditions have to be clearly and conspicuously disclosed. A $22 million settlement announced by the FTC and the AGs of Illinois and Ohio with a national credit monitoring service advertising so-called “free” credit scores emphasizes that point. Another note for practitioners: It's the FTC's third case alleging violations of ROSCA . One Technologies and related outfits marketed their credit monitoring programs, MyCreditHealth and ScoreSense, through at least 50 sites, including FreeScore360.com, FreeScoreOnline.com and ScoreSense.com. Their strategy was simple. Buy advertising on search engines so their ads show up near the top when people look for phrases like “free credit report\" and then follow up with a persuasive pitch: “View your latest Credit Scores from All 3 Bureaus in 60 seconds for $0!” According to the lawsuit , the defendants failed to clearly tell consumers that if they availed themselves of those “free” services and didn’t cancel within seven days, the defendants would ding their credit cards for $29.95 a month over and over and over again. The complaint includes screen shots of the defendants’ sites, but before looking at them, take out your reading glasses because they’ll come in handy in trying to locate where the defendants chose to tell people about that $29.95 monthly fee. One line of fine print added in late 2012 said “Free 7-Day trial when you order your 3 Free Credit Scores. Membership is then just $29.95 per month until you call to cancel.” The first problem: The type was tiny – a fraction of the size of the defendants’ multiple use of the word “free.” The second problem: Why should consumers even have to be on the look-out for the cost, given that the defendants so prominently advertised it as “free”? A second purported disclosure appeared as an obscure hyperlink on the page where people typed in their Social Security number and birthdate.  Sandwiched between the logos of various security firms and a large color button that said CONTINUE was this less-than-crystal-clear statement: By clicking on the ‘Continue’ button, you agree to the Offer Details, to the Terms and Conditions, acknowledge receipt of our Privacy Policy and agree to its terms . . . The “Offer Details” link triggered a small pop-up that said, among other things, “At the end of the 7-day trial period, your credit/debit card will be charged $29.95 on a monthly basis until you call to cancel.” Another place the defendants put the information was on a side panel of the Payment Form in white letters on a grey background – a color combination one of the defendants’ own employees described as “known to cause seizures in lab rats.” According to the complaint, once people spotted the unauthorized charges on their accounts, the defendants didn’t make it easy to stop the billing.  And even when people asked for their money back because they hadn’t approved of the charges, the defendants denied refunds to many of them. The lawsuit alleges violations of the FTC Act, as well as the Illinois Consumer Fraud Act, the Ohio Consumer Sales Practices Act, and related state rules. In addition, the complaint is the third FTC action to charge violations of ROSCA, the Restore Online Shoppers’","pubDate":"Sat, 03 Oct 2026 08:09:37 +0200","id":3194913,"titre":"Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free"},{"description":"FleetCor and its CEO will pay $100 million to settle a Federal Trade Commission administrative action alleging that the company charged its customers, who overwhelmingly are small businesses, undisclosed fees in connection with their use of fuel cards that FleetCor falsely promised businesses would save them money. In a complaint first filed in federal court in 2019 , the FTC alleged that FleetCor Technologies Inc., now known as Corpay Inc., and its CEO Ronald Clarke imposed a broad array of unauthorized fees that its customers never knew about and did not agree to pay, totaling hundreds of millions of dollars and harming tens of thousands of customers.  In addition, FleetCor charged late fees to customers who had either paid on time or were prevented by FleetCor from paying on time. FleetCor also misrepresented the gas savings, fraud-control features, and fees associated with its fuel cards. “FleetCor deceived its small business customers by promising fuel savings that never materialized, while unfairly charging them hidden and unauthorized fees,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “In addition to the relief the FTC has obtained in federal court, this order will help return money to the customers the company took advantage of.” According to the complaint, FleetCor often waited to begin charging many fees until several billing cycles passed, making the fees less noticeable to consumers. The complaint also alleged that FleetCor’s invoices did not disclose that any fees were being charged, requiring customers to proactively view other account management reports. Even on those documents, many fees were obscured among other information or not listed at all. In 2023, a federal district court entered summary judgment for the FTC on all counts, finding that FleetCor had charged its customers hidden or otherwise unauthorized fees and misrepresented the gas savings and fees associated with FleetCor’s fuel cards. The court-imposed order permanently prohibits FleetCor from: billing a customer for any charge unless FleetCor has obtained the customer’s express informed consent and provided clear and unavoidable information about the charge; hiding material information about a charge behind a hyperlink; and making deceptive claims about its fuel cards. In 2026, a federal appeals court upheld the summary judgment against FleetCor on all counts and affirmed the permanent injunction against it.  The court affirmed the judgment against Clarke on all but one count and vacated the injunction as to Clarke.  As part of the settlement order with the FTC, FleetCor and Clarke will pay $100 million, which will be used to provide redress to the company’s business customers harmed by its practices. FleetCor and Clarke have also agreed not to oppose reimposition of a federal court injunction against Clarke.  The Commission vote to accept the consent agreement was 1-0-1. FTC Chairman Andrew N. Ferguson is recused. The FTC will publish a description of the consent agreement in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. NOTE: When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to","titre":"FleetCor Agrees to Pay $100 Million to Resolve Administrative Action After Federal Court Finds that It Violated the FTC Act by Charging Unauthorized Fees","id":3160549,"pubDate":"Fri, 18 Sep 2026 08:08:58 +0200","source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/09/fleetcor-agrees-pay-100-million-resolve-administrative-action-after-federal-court-finds-it-violated"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/04/stubhub-refunding-10-million-fees-consumers-after-deceptive-ticket-pricing","source":"Federal Trade Commission - Protecting America's Consumers","pubDate":"Fri, 10 Apr 2026 08:08:44 +0200","id":2818173,"titre":"StubHub Refunding $10 Million in Fees to Consumers After Deceptive Ticket Pricing","description":"StubHub, the nation’s largest ticket exchange and resale ticket provider, will pay $10 million to settle Federal Trade Commission charges that the company violated the FTC Act and the agency’s Rule on Unfair or Deceptive Fees by deceptively advertising ticket prices on its website without clearly and conspicuously disclosing up-front how much consumers actually would pay, including all mandatory fees. “The Commission’s Fees Rule makes it very clear that the total price of live-event tickets must be disclosed up-front to enable consumers to make fully informed purchasing decisions,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “Price transparency is essential to a free and competitive marketplace. Today’s settlement underscores the Commission’s commitment to ensuring that consumers pay the price they are promised.” The FTC’s action against StubHub Holdings, Inc., follows a  warning letter the agency sent the online ticket platform in May 2025 stating that multiple prices displayed on its website appeared to be in violation of the Fees Rule. Under the Rule, which took effect on May 12, 2025 , it is an unfair and deceptive practice for any business to offer, display, or advertise the price of a live-event ticket without clearly, conspicuously, and most prominently disclosing the total price, which the Rule defines as “the maximum total of all fees or charges a consumer must pay for any good(s) or service(s) and any mandatory ancillary good or service.” Misrepresenting prices also violates the FTC Act. Today’s action also follows the Administration’s recent Executive Order on Ticketing , which includes a directive for the FTC to “take appropriate action . . . to ensure price transparency at all stages of the ticket-purchase process, including the secondary ticketing market.” According to the Commission’s complaint , in mid-May 2025—after the Rule went into effect—StubHub advertised its ticket prices without disclosing the full price consumers would actually pay by failing to include mandatory fees and to disclose the total price everywhere it displayed prices. Specifically, the FTC alleges StubHub failed to provide the total price for tickets—including high-demand National Football League tickets in the lead-up to when the NFL schedule was announced on May 14, 2025—in the first three pricing displays on its website. On the initial two pricing displays, in numerous instances, the advertised price did not include all mandatory fees, and StubHub did not disclose the total price. On the third pricing display, StubHub listed multiple fees and charges but did not disclose the total price. The proposed order settling StubHub’s alleged violations of the FTC Act and the Fees Rule requires the company to pay $10 million, which the company will use to provide monetary relief to eligible consumers through a settlement and consumer redress distribution program. The order also prohibits StubHub from misrepresenting the total price of any good or service; any fee or charge, including its nature, purpose, amount, or refundability, as well as why the fee or charge is being imposed; the final payment amount for any transaction; and any other material fact including those related to refunds or cancellations. The proposed order also prohibits StubHub from: Offering, displaying, or advertising any price of a good or service without clearly and conspicuously disclosing the total price; Failing to disclose the total price more prominently than any other pricing information; Failing to clearly and conspicuously disclose the amount of any fees or charges that have been excluded from the total price and what they are for, as well as the final payment amount—before the consumer agrees to pay for a product or service; and Violating the Commission’s Fees Rule. Within 90 days of the date of the order StubHub must provide redress to two groups of eligible"}]