ERSP Reviews Claims For Russ Dalbey’s “Winning In The Cash Flow Business”
New York, NY – February 27, 2007 – The Electronic Retailing Self-Regulation Program (ERSP) has determined that Russ Dalbey, marketer of the Winning in the Cash Flow Business course, has provided a reasonable basis for certain performance and superiority claims. ERSP has recommended the marketer modify placement of its online testimonial disclaimer. Advertising for the product was reviewed pursuant to a complaint from the Denver/Boulder Better Business Bureau.
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).
Claims at issue in the ERSP inquiry included:
- “Be a part of a $350 Billion industry today!”
- “…a free cash flow note listing service and millions of dollars in note posting every week.”
- “America’s Largest Note Listing Service”
- “…#1 best-selling Winning in the Cash Flow Business course…”
- “Experts are calling Winning in the Cash Flow Business the easiest, most hassle free way to make money.”
- “The Winning in the Cash Flow Business program was a tiny little investment, and it’s come back thousands of times over.”
ERSP concluded that the marketer provided a reasonable basis for claims that purchasers of the product will be “…part of a $350 Billion industry” and that America’s Note Network provides “…a free cash flow note listing service and millions of dollars in note posting every week.”
ERSP determined that the marketer provided adequate support for claims thatAmerica’s Note Network is “America’s Largest Note-Listing Service” and a “#1 best selling course.”
Regarding testimonials, ERSP recommended that the marketer clearly and conspicuously display its existing testimonia l disclaimer in close proximity to each testimonial, indicating that the results are not typical and that individual results may vary.
Finally, ERSP determined that prominent disclosures on the Website would be necessary if those providing testimonials had been compensated for communicating their experience with the product.
The company, in its marketer’s statement, said it is pleased “that ERSP has concluded that our claims and testimonials documentation are true and accurate. Of course, we fully accept ERSP’s decision in its entirety and have already incorporated the advertising recommendations, which we believe will only strengthen our marketing.”
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 Recommends Oral Essentials Discontinue "Certified Non-Toxic" Claim for its Lumineux Mouthwash
New York, NY – December 30, 2024 – In a Fast-Track SWIFT challenge brought by GuruNanda, the National Advertising Division recommended that Oral Essentials discontinue its claim that Lumineux mouthwash products are “Certified Non-Toxic.”
NARB Recommends T-Mobile Discontinue or Modify Commercial to Better Disclose Conditions of Free iPhone Offer, 20% Savings Claim
New York, NY – December 30, 2024 – A panel of the National Advertising Review Board (NARB) recommended that T-Mobile discontinue or modify its commercial to better disclose the material conditions of its free iPhone 16 Pro offer and its 20% rate plan savings claim compared to AT&T and Verizon.
Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims
McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.
Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action
McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.