Direct Selling Self-Regulatory Council Refers Fifth Avenue Collection Earnings Claims to the Federal Trade Commission for Possible Enforcement Action

For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs

703.247.9330 / press@bbbnp.org

McLean, VA – October 5, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain Fifth Avenue Collection, Inc. earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after the multi-level direct selling company selling jewelry products failed to respond to DSSRC’s inquiry. 

At issue in DSSRC’s inquiry are earnings claims disseminated by salesforce members on social media implying that participating in the company’s business opportunity will result in earning significant, career-level income.

The earnings claims in question were brought to the company’s attention by DSSRC as part of its ongoing independent monitoring of the direct selling marketplace. The Fifth Avenue Collection earnings claims in question include, but are not limited to:

  • Need extra 💲; Need a first income?; Need a second income?”
  • “Whether you want a little extra mad money 💰 or a full-time income, the opportunities are endless!”
  • “What would you do with an extra $200, $600, or $800/month?  Or even more! 💎Ask me how you can earn a great income with Fifth Avenue Collection😊”
  • “This past year I have tripled my income working this business from home…so has my Team…Some gals work a full-time job and do this as a side hustle…What would you do with an extra $500 or more a month?”
  • “My husband and I were 3 months married working full time jobs. We were looking for a tax advantage and to make extra income. Along came Fifth Avenue - Beautiful Jewellery! The jewellery sold itself and in the first year of the business I tripled my full time income. 29 years later still loving what I do and make an average $100.00 an hour.”
  • “What would you do with an extra $500/month?”
  • “How about easing the stress of how to pay the bills, financial freedom, save for a vacation, just less stress?... and you start earning $$$ right away! It’s easy, fun & and instantly profitable!”
  • “Being a Fifth Avenue Collection Jewelry Stylist allows me to have financial freedom whilst having fun and meeting new people all at once. You could have the same opportunities with a small investment of only $55! #financialfreedom”
  • “What would you do with an extra $500 a month!? ‘Everyday is Payday’ at Fifth Avenue Collection! We have an amazing business opportunity for only $75 and your start earning $$$ right away!”
  • “Everyday is payday with Fifth Avenue Collection! What would you do with an extra $500 a month?! Start now for only $75!”
  • “I LOVE the freedom to increase my earnings, there is no ceiling!”
  • “Could you use $500 a month? This is for yourself or know someone trying to make ends meet or someone looking to make extra 💵 send them my way! 💝”
  • “Fifth Avenue Collection jewelry has changed my life so much over the past 13 years. Before Fifth Avenue, I was a shy girl who worked a lonely full-time job. That has totally changed with the help of Fifth Avenue's mandate of "people helping people". With a much higher income than before, working only part time hours that I set, I have time to spend with family and friends, especially my grandbabies. #fulltime #partime #youdecide”
  • “Save for a vacation, pay for your children’s activities, cover bills & other expenses, your Plan B !?! the possibilities are endless! If you know someone trying to make ends meet or someone looking to make extra 💵 send them my way! 💝”
  • “…an income that covers as many bills as I need”

 

DSSRC expressed its concern that such earnings claims convey the message that participants in the company’s business opportunity can generally expect to earn significant and career-level income.

The company was first sent a Notice of Inquiry from DSSRC in June 2022, to which the company did not respond. After several additional attempts to contact various individuals at the company, the company failed to respond to DSSRC’s inquiry and provide substantiation for the claims. 

In accordance with DSSRC’s Policies and Procedures, if a company does not respond to DSSRC or declines to participate, DSSRC will issue a case decision indicating the company was unresponsive or declined to participate in the DSSRC process and refer the matter to the appropriate government agency. Moreover, according to section (V)(B) of the DSSRC Policies and Procedures, if the subject company fails to submit a responsive statement, DSSRC may refer the matter to an appropriate government agency for review and possible law enforcement action. Accordingly, based upon the company’s failure to respond to DSSRC in the self-regulatory process, DSSRC referred this matter to the FTC.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DSSRC decisions, visit the DSSRC Cases and Closures webpage.

 

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

In National Advertising Division Challenge, Drip Hydration Voluntarily Discontinues Claims for its Ketamine IV Therapy

New York, NY – November 22, 2024 – Following a challenge brought by the National Advertising Division as part of its routine monitoring program, Drip Hydration voluntarily discontinued advertising claims for its Drip Hydration Ketamine IV Therapy.

Read the Decision Summary
Decision

NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued

New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.

Read the Decision Summary
Decision

National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims

New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”     

Read the Decision Summary
Decision

National Advertising Division Recommends T-Mobile Discontinue or Modify Advertising for Free iPhone and 20% Savings Claim; T-Mobile to Appeal

New York, NY – November 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that T-Mobile discontinue or modify its advertising offering a free iPhone and 20% savings on monthly wireless services to better disclose the material conditions of the offer.

Read the Decision Summary