ERSP Recommends Real Freedom, Inc. Modify, Discontinue Certain Claims for Real Estate Mogul; Company Agrees to Do So
New York, NY – Aug. 6, 2014 – The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Real Freedom, Inc., modify or discontinue certain claims for the Real Estate Mogul real estate investing education program, including claims related to earnings.
ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus, Inc. The marketer’s advertising came to the attention of ERSP through an its ongoing monitoring program.
ERSP reviewed online advertising claims for the real estate investing program, including:
- “You’ll gain exposure to thousands of potential buyers, sellers, lenders, and partners INSTANTLY.”
- “It can be full-time or very part-time”
- “You’re already pre-qualified”
- “Hey, this closes in about 2 hours…get in there and get going! Freedom awaits!”
- “Need money fast? Yeah…you do”
- “You’ll make anywhere from $2,250 to $10,500 for each successful match.”
The advertising reviewed consists of the marketer’s website (www.realestatemogul.com) and email marketing for Real Estate Matchmaker.
ERSP noted in its decision that the marketer voluntarily addressed certain of the specific claims at issue, including claims that users of the program can earn money quickly or easily. ERSP also acknowledged the marketer’s pledge to discontinue or modify claims that attest to ease of use, pre-qualification, and selective enrollment.
While ERSP did not object to the marketer’s general performance claims regarding descriptions of the product or service, ERSP recommended that the marketer discontinue its sales-pressure claims and refrain from communicating sales-pressure claims in future advertising. Finally, ERSP determined that the earnings claims at issue were not adequately substantiated in their advertised context and it was recommended that these advertised earning claims be discontinued.
The company, in its marketer’s statement, said that it “agrees to abide by the recommendations of ERSP and will continue to make our best effort to bring all of our marketing into compliance in a timely fashion.
Again, our ERSP review has been incredibly valuable, and we’re committed to running a business that’s entirely compliant with existing FTC regulations, as well as staying abreast of any future developments in those regulations.”
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...