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

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