ERSP Refers Advertising for Marco Kozlowski to FTC; Marketer Fails to Respond to ERSP Inquiry
New York, NY – Dec. 17, 2015 – The Electronic Retailing Self-Regulation Program (ERSP) will refer direct-response advertising for Marco Kozlowski, marketed by At Will Events, LLC, to the Federal Trade Commission (FTC) after the marketer failed to respond to an ERSP inquiry.
The marketer’s advertising came to ERSP’s attention pursuant to an anonymous challenge.
Claims at issue in the initial inquiry included:
- “…build you up with specific tools and knowledge to get you to buy properties anywhere at anytime using zero money and zero risk”
- “When you attend this life-changing event, Marco will personally show you in just 4 steps how you can start making more money than you ever thought possible.”
- “With Marco’s help in the last 90 days, I was able to get 2 deals under contract. 1 is a quad … has a 26% cap rate and makes $7,000 a year. And the other is a 12 unit apartment building that makes about $33,000 a year.”
- “In the first day, Marco saved me $590,000.” [Tom Shepard – Concord, NC]
- “So we’re going to show you how to buy them right so no matter what happens in the economy, no matter what happens in the market, you’re always going to make money.”
Pursuant to the ERSP Policies and Procedures, after failing to provide a substantive response to ERSP’s original inquiry within fifteen calendar days, the marketer was afforded a second 10-day period in which to submit a substantive response. The marketer did not do so. Pursuant to 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...