ERSP Refers Advertising Claims for Success With Sgt. Marc to FTC After Marketer Fails to Respond to ERSP Inquiry
New York, NY – March 22, 2019– The Electronic Retailing Self-Regulation Program has referred direct-response advertising for Success With Sgt. Marc to the Federal Trade Commission (FTC) after the marketer declined to participate in the ERSP inquiry.
ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. The marketer’s advertising came to ERSP’s attention pursuant to its ongoing monitoring program.
The advertising reviewed included telemarketing calls and online advertising including websites such as retirewithsarge.com and winningteam5000.com. Core advertising claims identified by ERSP included:
Earnings claims: “Top secret money system allows ordinary folks to make $1500 to 10,000+ per week;” “From soldier to fortune;” “This is Joe and I’m calling you back… you were wanting the website where you could learn how to earn 10 thousand dollars every 10 to 14 days from home, and all you have to do is go to winningteam5000.com”)
General performance claims: “No phone calls, no chasing- simple, easy, regarding, plus ALL of the money you’ve ever wanted;” “You have nothing to stock or deliver because the E-learning products are 100% digitally delivered. And there are no ongoing monthly product fees;” and
Testimonials: “I signed up one Friday, it is currently Monday, and I have made $3,500 in my account from a sale that was made over the weekend… this is real and you get results fast.” “I did $21,500 over the last 6 days alone.”
The company failed to respond to ERSP’s initial inquiry and the marketer was afforded a second opportunity to submit a substantive response, but failed to respond. Pursuant to section 2.6(B) of the ERSP Policies and Procedures, this matter has been referred to the FTC.
Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.
Latest Decisions
National Advertising Division Refers “Made in USA” Claims by Larose Industries d/b/a Roseart and Cra-Z-Art to the Federal Trade Commission
New York, NY – January 10, 2025 – The National Advertising Division referred advertising claims by Larose Industries, operating under the names Roseart and Cra-Z-Art, that its products are “Made in USA” to the Federal Trade Commission (FTC) after Larose Industries failed to respond to the inquiry.
National Advertising Division Recommends T-Mobile Discontinue or Modify 20% Savings vs. ‘The Other Big Guys’ Claim; T-Mobile to Appeal
New York, NY – January 9, 2025 – The National Advertising Division recommended that T-Mobile discontinue or modify its advertising to avoid conveying the comparative claim that consumers can “save 20% every month vs. the other big guys” if they subscribe to T-Mobile in markets where Spectrum Mobile also...
In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim
New York, NY – January 8, 2025 – In a National Advertising Division Fast-Track SWIFT challenge brought by Benjamin Moore, Behr voluntarily discontinued its “No Comparable Product” claim.
National Advertising Division Finds Charter’s “Unlimited” Claims Supported; Recommends Clear & Conspicuous Speed Limitation Disclosures
New York, NY – January 7, 2025 – The National Advertising Division found that Charter substantiated certain express and implied claims about its Spectrum Mobile “Unlimited” and “Unlimited Plus” wireless data plans but recommended that Charter modify its website advertising to disclose high speed data...