ERSP Continues to Expand its Review Program

New York, NY – September 23, 2013 – The Electronic Retailing Self-Regulation Program (ERSP) today reported on the last nine (9) months of activity, under an expanded program to review advertising claims made for lead-generation businesses, as well as the review of telemarketing scripts and calls by companies participating in its new Telemarketing Review Program.

ERSP is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus and funded by the Electronic Retailing Association.

ERSP, founded in 2004, has earned the respect of the direct-response industry through its expeditious, fair and even-handed review of core truth-and-accuracy advertising claims made by electronic retailers.

Since January of 2013, the ERSP Review Program has expanded to include two new companies, FortuneBuilders, Inc. and Income Solutions, Inc., who voluntarily submitted their official company websites and current telemarketing scripts to ERSP for review. ERSP continues to review telemarketing calls and scripts for Professional Marketing International (“PMI”) and Prosper, Inc.

In addition to monitoring telemarketing calls, scripts, and company websites for the above participants, ERSP has also conducted two lead generation advertising reviews of Morrison Publishing, LLC and Freedom Soft, LLLP. Both of these participants voluntarily submitted their advertising to ERSP, were responsive to the ERSP review, communicated to ERSP that they are committed to ensuring that their advertising is truthful and accurate, and expressed their support of industry self-regulation.

As part of its review process, ERSP assesses claims made in companies’ telemarketing and/or advertising, conducts follow-up reviews to assure compliance with ERSP recommendations, and provides the opportunity to discuss these reviews with ERSP staff.

As part of its expanded monitoring review of the advertising practices of the lead generation industry, since January 1, 2013, ERSP has closed eight (8) individual inquiries of non-participating companies regarding the truth and accuracy of core claims communicated in lead generation advertising.

“ERSP is encouraged by the commitments of the participants to self-regulate their advertising practices, and we’re very optimistic that other companies in this industry will follow their example and join us in this self-regulatory initiative,” said Peter Marinello, Director, ERSP.

 

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

Decision

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary