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Following a public comment period, the Federal Trade Commission finalized the Order settling charges that The Dannon Company, Inc. exaggerated the health benefits of its Activia yogurt and DanActive dairy drink, two popular products that contain beneficial bacteria known as probiotics.

Under the proposed administrative settlement announced in December, Dannon agreed to stop claiming that Activia relieves temporary irregularity, unless the representation is non-misleading and the ad conveys that eating three servings a day is required to obtain the benefit, or unless Dannon has competent and reliable scientific evidence that the benefit can be achieved from eating less than three servings a day.

Dannon also agreed to stop claiming that DanActive or any yogurt, dairy drink, or probiotic food helps people avoid catching colds or the flu, unless the claim is approved by the Food and Drug Administration.  Although companies usually do not need FDA approval of their health claims to comply with the FTC Act, the FTC determined in this case that requiring such approval will give Dannon clearer guidance going forward and help ensure that the company complies with the order.

The Commission vote approving the final Order was 5-0.  (FTC File No. 082-3158; the staff contact is Shira Modell, Bureau of Consumer Protection, 202-326-3116.)

Copies of the documents mentioned in this release are available from the FTC’s website at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580.  Call toll-free: 1-877-FTC-HELP.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

For consumers who are searching for love or already in a relationship, the Federal Trade Commission, the nation’s consumer protection agency, has information that may be particularly handy around Valentine’s Day.

Looking for love online?
Millions of Americans use online dating and social networking sites to meet people. But scammers also use these sites.  They look for targets of any age and in any location, whom they can convince to send money in the name of love.  The FTC encourages people active on dating sites to use their heads as well as their hearts, and to learn more about how to spot the signs of an online dating scam.

Sending flowers?
Flowers can say “I’m thinking of you” on Valentine’s Day, and your local florist is likely just a phone call away.  Or so you might think.  But some unscrupulous telemarketing firms pose as local florists, charging unsuspecting customers higher fees and taking business away from legitimate local businesses.  Consumers shopping for flowers around February 14 – or any time – should consider the consequences of dealing with a business in an undisclosed location and beware of hidden costs.

Checking Your Financial Compatibility?
Couples should never underestimate the importance of having a compatible approach to managing their finances.  They can test their “fiscal attraction” with this timely quiz.

The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad.

At the request of the Federal Trade Commission, a federal judge has shut down an operation that allegedly posed as the U.S. government, then duped consumers into paying fees ranging from $200 to $2,500 by claiming the fees would cover processing by the United States Citizenship and Immigration Services. The court froze the defendants’ assets and appointed a receiver to take over the business until the case is resolved. The FTC has asked the court to halt the business practices permanently and order the operation to repay its victims.

The real U.S. Citizenship and Immigration Service (USCIS), a division of the Department of Homeland Security, offers advice and counseling to immigrants in the United States and people seeking to immigrate to the United States. USCIS provides application forms for such benefits as green card renewal, work visas, and applications for asylum. The application forms are free but can cost hundreds or thousands of dollars to process.

According to the FTC, defendants Immigration Center and Immigration Forms and Publications, Inc., set up websites that mimic official government sites, and then used the fake sites to steer immigrants to their deceptive telemarketing operation. The websites depicted American eagles, the U.S. flag, and the Statue of Liberty and had URLs such as www.uscis-ins.us and www.usgovernmenthelpline.com. The sites directed consumers to call a toll-free number that an automated voice answered, “Immigration Center.” Consumers were then transferred to a live person who answered, “USCIS or “U.S. Immigration Center,” and identified him or herself as an “agent,” “immigration officer,” or “caseworker.” The sites also offered counseling and application forms. The counseling was done by telemarketers who did not meet legal requirements to provide immigration services, the FTC said.

Adding to the consumers’ confusion, the FTC alleged, the defendants charged fees for application forms that were the same amount as the government processing fees, leading them to believe the fees covered the cost of USCIS processing. Some consumers who applied for the forms were told to send checks by overnight mail to cover the costs. Others paid with checks or money orders on delivery. Consumers ended up paying for applications that were never processed by the USCIS for failure to pay the official processing fee, or, in some cases, they were charged twice, once by the defendants and once by the government after the defendant forwarded their bank account information to USCIS.

The FTC charged the defendants with violating federal law by misrepresenting:

• that they were authorized to provide immigration and naturalization services;
• that they were affiliated with the U.S. government; and
• that the fees paid by consumers would cover all the costs associated with submitting immigration documents to the USCIS.

In addition, two of the defendants were charged with providing the others with the means and instrumentalities to further the illegal scheme.

The correct website of the U.S. Citizenship and Immigration Service is www.uscis.gov.

The defendants named in the case are Immigration Center; Immigration Forms and Publications, Inc; Charles Doucette, individually and doing business as Telestaffing; Immigration Forms and Services and Immigration Form Processing; Deborah Stilson aka Deborah Malmstrom; Alfred Boyce; Thomas Strawbridge; Robin Meredith; Thomas Lawrence; and Elizabeth Meredith.

The Commission vote authorizing staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the District of Nevada.

The FTC wishes to acknowledge the invaluable assistance in this matter by the Department of Homeland Security; the U.S. Citizenship and Immigration Services; Immigration and Customs Enforcement; Office of the Attorney General of Colorado; Office of the Attorney General of Missouri; Office of the Attorney General of Nevada; the Pettis County, Missouri Sheriff’s Office; the Department of Justice and Executive Office for Immigration Review; and the U.S. Postal Inspection Service.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. The case will be decided by the court.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

At the request of the Federal Trade Commission, a federal court has frozen the assets of corporations and an individual behind a far-reaching Internet enterprise that allegedly made more than $275 million by luring consumers into deceptive “trial” memberships, and bogus government-grant and money-making schemes.

The court froze the assets of 61 corporations (collectively known as “I Works”) and their alleged ringleader, Jeremy Johnson. It placed these defendants’ assets under the control of a court-supervised receiver to help ensure that funds are available for consumer restitution when the case is concluded. In December 2010, the FTC alleged that I Works lured consumers into “trial” memberships for bogus government-grant and money-making schemes, and then repeatedly charged monthly fees for these and other memberships the consumers never ordered.

According to the FTC’s complaint, the operation used websites that pitch various money-making programs or tout the availability of government grants to pay personal expenses. The websites offer “free” information at no risk and ask consumers to provide their credit or debit card numbers to pay a small shipping and handling fee such as $1.99. But when consumers provide their billing information, I Works charges them a hefty one-time fee of up to $129.95 and monthly recurring fees of up to $59.95 for the advertised programs, and other monthly fees for unrelated programs.

The FTC’s complaint alleges that this scheme has caused more than 500,000 consumers to seek chargebacks – reversals of charges to their credit cards or debits to their bank accounts. The high number of chargebacks landed the defendants in VISA’s and MasterCard’s chargeback monitoring programs, resulted in millions of dollars in fines for excessive chargebacks, and prevented the defendants from getting access to the credit card and debit card billing systems using their own names. To keep the scam going, the defendants tricked banks into giving them continued access to these billing systems by creating 51 shell companies with figurehead officers, and by providing the banks with phony “clean” versions of their websites.

According to the FTC, the defendants, which include the 61 corporations, Johnson, and nine other individuals, violated the FTC Act by misrepresenting that government grants are available for paying personal expenses, that consumers are likely to obtain grants by using the defendants’ program, that users of their money-making products will earn substantial income, and that their offers are free or risk-free. The complaint also alleges that they failed to disclose that consumers who pay a nominal shipping and handling fee would be enrolled in expensive plans that charge fees until consumers cancel, and that they charged consumers’ credit cards and debited their bank accounts without their consent.

The FTC further alleges that the defendants’ websites featured deceptive positive reviews and deceptive testimonials that misrepresented the benefits of their grant services. The FTC also alleges that they violated the Electronic Fund Transfer Act and Regulation E by debiting consumers’ bank accounts without their signed written consent and without providing consumers with a copy of the written authorization.

The defendants are listed here.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.  To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357).  The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad.  The FTC’s website provides free information on a variety of consumer topics.

(FTC File No. 1023015)
(I Works)