BBB National Programs Archive
Brevity Participates In ERSP Forum
New York, NY – September 8, 2006 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Brevity Company (Brevity), marketers of the Rich Jerk Financial System (Rich Jerk), have been asked to modify advertising claims to clarify the typicality of success with the financial program. The marketer’s advertising was reviewed pursuant to ESRP’s monitoring program.
ERSP, the electronic direct-response industry’s self-regulatory forum, is administered by the Council of Better Business Bureaus (CBBB) with policy oversight by the National Advertising Review Council (NARC).
ERSP reviewed core claims that include:
- “If you cannot make $25k/month with these techniques, I seriously think you are in the wrong field….SERIOUSLY”
- “Most successful product of its kind on the net today” “Increased income 750%”
- ERSP also expressed concerned about the typicality and visibility of the disclaimer
- “Not an actor” used over testimonials in the advertising.
ERSP asked Brevity to modify all specific, quantified income claims until such a time that a typical user performance could be discerned from the methods contained in the program.
ERSP also determined that based on the information provided in the Rich Jerk System materials that the statement “I’m offering you the EXACT SAME strategies I have used to become an online multi- millionaire” was not an accurate depiction of what consumers would receive from in the product.
While ERSP determined that the basis for the ClickBank.com source was acceptable for its claim that the Rich jerk System is the “Most successful product of its kind on the net today,” it also concluded that the claim was not appropriate in its unqualified, advertised context. However, in the context of the advertising, ERSP agreed that the statement “Others… just a bunch of recycled junk” was a statement of puffery and was not wrongly disparaging of any particular competitor.
Regarding the consumer testimonials, ERSP was again concerned by the lack of data that would indicate what would be typical consumer results and which could serve as the basis for the claims made by the consumers in the advertising. Accordingly, ERSP also determined that disclosure “Not an actor” superimposed on the testimonials in the advertising was insufficient, of no particular relevance and did not give consumers an adequate expectation of the type of results that were achievable using the Rich Jerk System techniques.
Lastly ERSP expressed concern that although the claim “Increased income 750%” was literally true in one, very limited isolated instance, the statement could nevertheless potentially be misleading because it was not demonstrated that this percentage was achieved by an appreciable number of consumers using the product. Therefore ERSP recommended modifying this claim to disclose this user’s actual results.
Moreover, ERSP was not provided with any evidence to support the claim “Made $280 and hour- first thirty days made $5600 and worked less than 20 hours.”
Brevity, in its marketer’s statement, said it “…The Rich Jerk will take into very serious consideration ERSP’s recommendations in an attempt to bring further clarity to the claims and possibilities offered to our membership. We appreciate your role in our industry and we feel your program promotes the success of quality offers such as ours from those that are less effective.”