[{"titre":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims","url":"https://www.ftc.gov/business-guidance/blog/2014/10/first-ftc-rosca-case-challenges-bogus-bogo-free-claims","pubDate":"Wed, 07 Oct 2026 08:05:50 +0200","source":"FTC USA Business Blog Posts","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","id":3201052},{"titre":"Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free","url":"https://www.ftc.gov/business-guidance/blog/2014/11/company-pay-22-million-offering-free-credit-scores-turned-out-be-not-so-free","pubDate":"Sat, 03 Oct 2026 08:09:37 +0200","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’","id":3194913},{"description":"Pink slip slip-up: First FTC cases challenging deceptive car title loans lfair January 30, 2015 | 9:12AM Pink slip slip-up: First FTC cases challenging deceptive car title loans By Lesley Fair She’s got a competition clutch with four on the floor And she purrs like a kitten ‘til the lake pipes roar. And if that ain’t enough to make you flip your lid, There's one more thing. I got the pink slip, Daddy. Back in the days of the Beach Boys’ “Little Deuce Coupe,” the only risk to a car title – the pink slip – was when hot rodders bet them on drag races.The FTC just announced its first two settlements with car title lenders that underscore additional risks to consumers’ pink slips and wallets. What should other companies consider if they want to avoid crossing the yellow line? The complaints challenge allegedly illegal practices by First American Title Lending of Georgia, which operates over 30 locations in that state, and Finance Select, which does business as Fast Cash Title Pawn at five Georgia locations and two in Alabama. What’s a car title loan? It’s typically a high-cost, short-term loan secured with a consumer’s free-and-clear car title. The lender holds on to the title as long as payments keep coming in. Of course, if consumers don’t pay, the lender takes the car. Car title loans tend to run between $1,000 and $10,000. They have high interest rates – the typical APR can be a whopping 300% – and short repayment periods, sometimes only 30 days. Each payment after that first month is called a “renewal.” Given that many consumers who take out car title loans are in financial distress, it’s not surprising that loans may extend over a much longer period. According to the FTC, the average is more like eight renewals. In addition to holding the consumer’s car title, the lender charges monthly fees, sometimes as much as 25% of the amount borrowed per month. That means that after eight renewals, a consumer taking out a $1,000 loan could wind up paying $2,000 in fees. The FTC says the companies’ ads lured consumers in with promises of “zero” interest, but then failed to clearly and conspicuously disclose hidden conditions attached to those eye-catching deals. For example, First American Title Lending touted “0% interest” in big headlines on websites, billboards, newspaper ads, yard signs, and elsewhere. What consumers weren’t clearly told was that they’d only get the 0% rate if they were new customers, if they paid by money order or certified funds, and if they paid in full within 30 days. If it took them longer to pay – the norm in the industry – consumers would have to pony up hefty finance charges calculated back to Day 1 of that \"0% interest\" loan, as well as the fees that started on Day 31. According to the complaint, Fast Cash Title Pawn similarly advertised “0% Title Loans,” sometimes adding “1st 30 days 0%,” without clearly and conspicuously disclosing the substantial strings that were attached – including that if the consumer didn’t pay in full within 30 days, they’d have to pay the finance charge for the first 30 days in addition to charges that kicked in on Day 31.  The lawsuits allege that the companies’ practices violate the FTC Act.  The FTC says First American Title Lending also violated the Truth in Lending Act and Reg Z. Under the proposed settlements, the companies will have to clearly disclose all the qualifying terms associated with getting a loan at the advertised rate and what the finance charge would be after an introductory period ends. The orders also prohibit misrepresentations about material terms of any loan agreement. The FTC’s message to members of the industry is that they’re not flying (driving?) under the radar. Truth-in-advertising standards apply to car title loans, too. What's more, companies will be held to well-established principles of","id":3192605,"source":"FTC USA Business Blog Posts","titre":"Pink slip slip-up: First FTC cases challenging deceptive car title loans","url":"https://www.ftc.gov/business-guidance/blog/2015/01/pink-slip-slip-first-ftc-cases-challenging-deceptive-car-title-loans","pubDate":"Fri, 02 Oct 2026 08:12:17 +0200"},{"source":"Federal Trade Commission - Protecting America's Consumers","id":3160549,"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","pubDate":"Fri, 18 Sep 2026 08:08:58 +0200","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","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"},{"pubDate":"Fri, 10 Apr 2026 08:08:44 +0200","titre":"StubHub Refunding $10 Million in Fees to Consumers After Deceptive Ticket Pricing","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","id":2818173,"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"}]