“Free Software CD” Internet Operation Settles FTC Charges

Defendants who allegedly offered “free” software CDs that weren’t free, and billed unsuspecting consumers for a software continuity program they didn’t know they were enrolled in, have agreed to settle FTC charges that their practices violated federal law. The settlement bars the illegal practices in the future and requires the defendants to give up more than $2 million for consumer redress.

In January 2007, the FTC charged that the defendants’ Web site offered consumers a free CD containing computer software if they agreed to pay a shipping and handling fee of $1.99 to $2.99. Consumers provided their names and addresses to receive the CD and a credit or debit card number to cover postage and handling. Consumers who signed up for the free CD were then offered three more free software CDs with no additional shipping or handling fees. Before they completed the transaction, they checked a box saying they agreed to the “terms of use.” The “terms of use” detailed computer software licensing arrangements and usage rules, and many consumers checked the box without clicking on the hyperlink or reading the form. Buried in the seventh paragraph of the single-spaced document was language that contradicted the free software claim. It stated that consumers would be required to send back two of the four “free” CDs within 10 days or they would be charged a fee of $39 to $49. It also stated that consumers would be enrolled in a software continuity program, would receive additional CDs in the future, and would be charged $39 to $49 for those CDs unless they returned them within 10 days.

The FTC alleged in its complaint that most consumers did not know about these charges or the continuity plan until they were billed. According to the agency, because the defendants did not adequately notify consumers, they could not avoid the charges.

The FTC charged the defendants with unfair and deceptive practices that violate the FTC Act. The agency also charged them with violating the Unordered Merchandise Statute, which prohibits billing recipients for merchandise they did not order. The FTC asked the federal district court to order a halt to the unfair and deceptive practices and to order the defendants to give up their ill-gotten gains.

The settlement announced today ends the litigation.

The settlement bars the defendants from making misrepresentations, including misrepresenting that items are “free” when they aren’t. It requires that the defendants disclose all the terms and conditions of any negative option offer. It bars the defendants from charging consumers for products or services without their consent, and without first disclosing the terms of any refund or cancellation policy. It also bars future violations of the Unordered Merchandise Statute. In addition, the settlement prohibits the defendants from sharing their customer lists, and contains bookkeeping and record keeping provisions to allow the agency to monitor their compliance. Finally, under the terms of the settlement, the defendants will pay approximately $2,167,500 in consumer redress.

Defendants named in the FTC complaint are Think All Publishing, L.L.C., successor company to Manay Software, L.L.C., and Yuri Mintskovsky.

The Commission vote to authorize staff to file the stipulated final order was 4-0. The stipulated final order for permanent injunction was filed in the U.S. District Court for the Eastern District of Texas Sherman Division.

NOTE: This stipulated final order is for settlement purposes only and does not constitute an admission by the defendant of a law violation. A stipulated final order requires approval by the court and has the force of law when signed by the judge.

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 1,500 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.

(manay settlement)
(Civil Action No. 4:07CV11)

“Free Software CD” Internet Operation Settles FTC Charges

Defendants who allegedly offered “free” software CDs that weren’t free, and billed unsuspecting consumers for a software continuity program they didn’t know they were enrolled in, have agreed to settle FTC charges that their practices violated federal law. The settlement bars the illegal practices in the future and requires the defendants to give up more than $2 million for consumer redress.

In January 2007, the FTC charged that the defendants’ Web site offered consumers a free CD containing computer software if they agreed to pay a shipping and handling fee of $1.99 to $2.99. Consumers provided their names and addresses to receive the CD and a credit or debit card number to cover postage and handling. Consumers who signed up for the free CD were then offered three more free software CDs with no additional shipping or handling fees. Before they completed the transaction, they checked a box saying they agreed to the “terms of use.” The “terms of use” detailed computer software licensing arrangements and usage rules, and many consumers checked the box without clicking on the hyperlink or reading the form. Buried in the seventh paragraph of the single-spaced document was language that contradicted the free software claim. It stated that consumers would be required to send back two of the four “free” CDs within 10 days or they would be charged a fee of $39 to $49. It also stated that consumers would be enrolled in a software continuity program, would receive additional CDs in the future, and would be charged $39 to $49 for those CDs unless they returned them within 10 days.

The FTC alleged in its complaint that most consumers did not know about these charges or the continuity plan until they were billed. According to the agency, because the defendants did not adequately notify consumers, they could not avoid the charges.

The FTC charged the defendants with unfair and deceptive practices that violate the FTC Act. The agency also charged them with violating the Unordered Merchandise Statute, which prohibits billing recipients for merchandise they did not order. The FTC asked the federal district court to order a halt to the unfair and deceptive practices and to order the defendants to give up their ill-gotten gains.

The settlement announced today ends the litigation.

The settlement bars the defendants from making misrepresentations, including misrepresenting that items are “free” when they aren’t. It requires that the defendants disclose all the terms and conditions of any negative option offer. It bars the defendants from charging consumers for products or services without their consent, and without first disclosing the terms of any refund or cancellation policy. It also bars future violations of the Unordered Merchandise Statute. In addition, the settlement prohibits the defendants from sharing their customer lists, and contains bookkeeping and record keeping provisions to allow the agency to monitor their compliance. Finally, under the terms of the settlement, the defendants will pay approximately $2,167,500 in consumer redress.

Defendants named in the FTC complaint are Think All Publishing, L.L.C., successor company to Manay Software, L.L.C., and Yuri Mintskovsky.

The Commission vote to authorize staff to file the stipulated final order was 4-0. The stipulated final order for permanent injunction was filed in the U.S. District Court for the Eastern District of Texas Sherman Division.

NOTE: This stipulated final order is for settlement purposes only and does not constitute an admission by the defendant of a law violation. A stipulated final order requires approval by the court and has the force of law when signed by the judge.

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 1,500 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.

(manay settlement)
(Civil Action No. 4:07CV11)

FTC Testifies on Spyware

The Federal Trade Commission today told the Senate Committee on Commerce, Science, and Transportation that “legislation authorizing the Commission to seek civil penalties in spyware cases could add a potent remedy to those otherwise available to the Commission.” In testimony to the Committee, Eileen Harrington, Deputy Director of the FTC’s Bureau of Consumer Protection, said that when other enforcement options – seeking consumer redress or making the operators give up their ill-gotten gains – are not appropriate or sufficient remedies to deter spyware distributors, “a civil penalty may be the most appropriate remedy and serve as a strong deterrent.” The testimony states that the agency supports legislation that would provide “the Commission this valuable law enforcement tool.”

The testimony notes that while it is often challenging to locate and apprehend perpetrators who plant spyware on consumers’ computers, the FTC has “successfully challenged the distribution of spyware that causes injury to consumers online,” initiating 11 spyware-related law enforcement actions since 2004.

The testimony states that the Commission’s law enforcement cases targeting spyware reaffirm three key principles.

“The first is that a consumer’s computer belongs to him or her, not to the software distributor, and it must be the consumer’s choice whether or not to install software. This principle reflects the basic common-sense notion that Internet businesses are not free to help themselves to the resources of a consumer’s computer,” the testimony says. Several FTC cases alleged that the defendants downloaded spyware onto computers without consumers’ knowledge or consent.

The second principle holds that spyware downloaders cannot bury disclosures of material information needed to correct otherwise misleading impressions. “Specifically, burying material
information in an End User license Agreement will not shield a spyware purveyor . . .” the testimony states. It notes that in two FTC cases, “the defendants failed to disclose adequately that the free software they were offering was bundled with harmful software programs.”

The third principle is that if a distributor puts a program on a computer, a consumer should be able to uninstall or disable it. The testimony notes that in two FTC cases, the companies downloaded adware that displayed frequent pop-up ads. The agency alleged that “the companies deliberately made these adware programs difficult for consumers to identify, locate, and remove from their computers, thus thwarting consumer efforts to end the intrusive pop-ups.” Settlements required the companies to provide a readily identifiable means to uninstall the adware.

The testimony notes that the agency has coordinated some law enforcement initiatives targeting spyware with criminal enforcers. “Many of the worst abuses connected with spyware are criminal, and, in appropriate cases, the Commission coordinates closely with the Department of Justice.”

In addition to the FTC’s spyware law enforcement initiatives, the agency has made consumer education a priority. “In 2005, the Commission and a partnership of other federal agencies and the technology industry launched a multimedia, interactive consumer education initiative, OnGuard Online, along with a Spanish-language version, AlertaenLinea.” The site attracts more than 350,000 unique visits a month, and many other organizations have adapted the materials for their own use.

“The FTC will continue its aggressive law enforcement and innovative consumer education programs in the spyware arena,” the testimony states.

The Commission vote to approve the testimony was 4-0.

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 1,500 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.

FTC Testifies on Spyware

The Federal Trade Commission today told the Senate Committee on Commerce, Science, and Transportation that “legislation authorizing the Commission to seek civil penalties in spyware cases could add a potent remedy to those otherwise available to the Commission.” In testimony to the Committee, Eileen Harrington, Deputy Director of the FTC’s Bureau of Consumer Protection, said that when other enforcement options – seeking consumer redress or making the operators give up their ill-gotten gains – are not appropriate or sufficient remedies to deter spyware distributors, “a civil penalty may be the most appropriate remedy and serve as a strong deterrent.” The testimony states that the agency supports legislation that would provide “the Commission this valuable law enforcement tool.”

The testimony notes that while it is often challenging to locate and apprehend perpetrators who plant spyware on consumers’ computers, the FTC has “successfully challenged the distribution of spyware that causes injury to consumers online,” initiating 11 spyware-related law enforcement actions since 2004.

The testimony states that the Commission’s law enforcement cases targeting spyware reaffirm three key principles.

“The first is that a consumer’s computer belongs to him or her, not to the software distributor, and it must be the consumer’s choice whether or not to install software. This principle reflects the basic common-sense notion that Internet businesses are not free to help themselves to the resources of a consumer’s computer,” the testimony says. Several FTC cases alleged that the defendants downloaded spyware onto computers without consumers’ knowledge or consent.

The second principle holds that spyware downloaders cannot bury disclosures of material information needed to correct otherwise misleading impressions. “Specifically, burying material
information in an End User license Agreement will not shield a spyware purveyor . . .” the testimony states. It notes that in two FTC cases, “the defendants failed to disclose adequately that the free software they were offering was bundled with harmful software programs.”

The third principle is that if a distributor puts a program on a computer, a consumer should be able to uninstall or disable it. The testimony notes that in two FTC cases, the companies downloaded adware that displayed frequent pop-up ads. The agency alleged that “the companies deliberately made these adware programs difficult for consumers to identify, locate, and remove from their computers, thus thwarting consumer efforts to end the intrusive pop-ups.” Settlements required the companies to provide a readily identifiable means to uninstall the adware.

The testimony notes that the agency has coordinated some law enforcement initiatives targeting spyware with criminal enforcers. “Many of the worst abuses connected with spyware are criminal, and, in appropriate cases, the Commission coordinates closely with the Department of Justice.”

In addition to the FTC’s spyware law enforcement initiatives, the agency has made consumer education a priority. “In 2005, the Commission and a partnership of other federal agencies and the technology industry launched a multimedia, interactive consumer education initiative, OnGuard Online, along with a Spanish-language version, AlertaenLinea.” The site attracts more than 350,000 unique visits a month, and many other organizations have adapted the materials for their own use.

“The FTC will continue its aggressive law enforcement and innovative consumer education programs in the spyware arena,” the testimony states.

The Commission vote to approve the testimony was 4-0.

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 1,500 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.

Keep Dear Old Dad Safe from Phishing

Set aside the ties and gadgets: This Father’s Day e-card from the Federal Trade Commission can save your dad a whole lot of headaches. Available from the FTC in English and Spanish at http://www.ftc.gov/dad and http://www.ftc.gov/padre, the cards offer dads advice on keeping their personal information secure.

Help your dad figure out how to spot fraud on the Internet. When Internet scam artists go “phishing,” they send spam e-mails or pop-up messages asking for personal information, Social Security numbers, and/or passwords. To gain the trust of those they wish to con, these hustlers often pose as representatives of a bank, an Internet Service Provider, or a government agency.

Send your dad this card and keep him from getting hooked by Internet con artists.

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 1,500 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.

(FYI FD Phishing)

Keep Dear Old Dad Safe from Phishing

Set aside the ties and gadgets: This Father’s Day e-card from the Federal Trade Commission can save your dad a whole lot of headaches. Available from the FTC in English and Spanish at http://www.ftc.gov/dad and http://www.ftc.gov/padre, the cards offer dads advice on keeping their personal information secure.

Help your dad figure out how to spot fraud on the Internet. When Internet scam artists go “phishing,” they send spam e-mails or pop-up messages asking for personal information, Social Security numbers, and/or passwords. To gain the trust of those they wish to con, these hustlers often pose as representatives of a bank, an Internet Service Provider, or a government agency.

Send your dad this card and keep him from getting hooked by Internet con artists.

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 1,500 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.

(FYI FD Phishing)

FTC Press Conference Will Announce Lawsuit Challenging Subprime Credit Card Marketing Company and Debt Collector

The Federal Trade Commission will announce a law enforcement action today, charging a credit card marketer and a debt collection company with using deceptive marketing practices and abusive debt collection tactics affecting consumers in the subprime market. The announcement will be made during a joint press conference with the Federal Deposit Insurance Corporation (FDIC); the FDIC will announce administrative charges against the credit card marketer and banks that issued credit cards marketed by the company.

WHERE: Federal Deposit Insurance Corporation
Board Room
550 17th St. NW
Washington, DC 20429
WHEN: Tuesday, June 10, 2008, 1:30 p.m.
PRESS CONTACT: FTC Office of Public Affairs
202-326-2180

 

 

 

“We Don’t Serve Teens”: Slogan for a Safe Summer

Because summer is a time when teen drunk-driving deaths peak and teens are at high risk of starting to drink, the Federal Trade Commission is urging adults around the nation to say “Let’s Make it a Safe Summer. Don’t Serve Alcohol to Teens.”

“Don’t clam up if other adults serve alcohol to your kids,” said Lydia Parnes, Director of the FTC’s Bureau of Consumer Protection. “Don’t buy into the guilt. Don’t buy into the myths about underage drinking.”

The FTC is launching its “Safe Summer” campaign with a Web site, http://www.dontserveteens.gov/safesummer.html, providing information about underage drinking and camera-ready campaign materials that warn against it. Web banners and buttons, downloadable posters and public service announcements, and sample letters to the editor and opinion pieces are included.

For almost a quarter of a century, the national legal drinking age has been 21, and teen drinking during that time has fallen by 25 percent. Despite this achievement, alcohol remains the most widely abused substance among U.S. teens, according to a report released by the U.S. Surgeon General last fall.

Most teens who drink alcohol get it from family members or friends. While the dangers of teen drinking are well documented, many myths persist, and parents may feel pressured by their teenagers and by other adults to look the other way. These are just a few of the myths parents may encounter:

  • A national legal drinking age just makes alcohol “forbidden fruit” that kids try harder to get. The Truth: Teen drinking has been substantially reduced since Congress passed the National Minimum Drinking Age Act in 1984, making it illegal for anyone under 21 to purchase alcohol.
  • The legal drinking age in Europe is younger than it is in the United States, and European kids don’t seem to have the same degree of alcohol-related problems as American kids. Maybe the U.S. drinking age should be lowered. The Truth: A recent National Institutes of Health publication shows that European countries with lower drinking ages have the same teen drinking problems as the U.S., or worse.
  • I drank when I was a kid, and I’m okay, so what’s the problem with letting teens drink now? The Truth: About 5,000 people under 21 die from injuries related to underage drinking every year. Teens who drink are at more likely than nondrinkers to ride with a drinking driver; have unwanted, unintended, and unprotected sexual activity; use tobacco; experience interpersonal violence; consider or attempt suicide; and use marijuana, cocaine, or inhalants. Underage drinking is also a risk factor for heavy drinking later in life.
  • It’s better to hold the party at my house, so my kids and their friends aren’t out driving. The Truth: Letting other families’ kids drink in your house undermines their parents and in many states violates the law. Drunk driving isn’t the only danger associated with teen drinking, and you can’t guarantee that your teen guests won’t drive after they leave your house. Rather than providing a place where kids can drink, offer non-alcoholic choices.

Over the past two years, the We Don’t Serve Teens program has received tremendous assistance from its public and private partners. In 2007, the campaign generated an unprecedented 1.1 billion advertising impressions with a market value of over $9 million, and was recognized by the U.S. Senate and officials from 40 states.

Organizations helping with the We Don’t Serve Teens campaign include the U.S. Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau, American Beverage Licensees, Beer Institute, Distilled Spirits Council, National Alcohol Beverage Control Association, National Association of Broadcasters, National Conference of State Liquor Administrators, National Liquor Law Enforcement Association, National Consumer League, Office of Safe and Drug Free Schools, Outdoor Advertising Association of America, Responsible Retailing Forum, Students Against Destructive Decisions, The Century Council, and Wine and Spirits Wholesalers of America.

Join us in making it a safe summer!

(WDST NR 6-10)

“We Don’t Serve Teens”: Slogan for a Safe Summer

Because summer is a time when teen drunk-driving deaths peak and teens are at high risk of starting to drink, the Federal Trade Commission is urging adults around the nation to say “Let’s Make it a Safe Summer. Don’t Serve Alcohol to Teens.”

“Don’t clam up if other adults serve alcohol to your kids,” said Lydia Parnes, Director of the FTC’s Bureau of Consumer Protection. “Don’t buy into the guilt. Don’t buy into the myths about underage drinking.”

The FTC is launching its “Safe Summer” campaign with a Web site, http://www.dontserveteens.gov/safesummer.html, providing information about underage drinking and camera-ready campaign materials that warn against it. Web banners and buttons, downloadable posters and public service announcements, and sample letters to the editor and opinion pieces are included.

For almost a quarter of a century, the national legal drinking age has been 21, and teen drinking during that time has fallen by 25 percent. Despite this achievement, alcohol remains the most widely abused substance among U.S. teens, according to a report released by the U.S. Surgeon General last fall.

Most teens who drink alcohol get it from family members or friends. While the dangers of teen drinking are well documented, many myths persist, and parents may feel pressured by their teenagers and by other adults to look the other way. These are just a few of the myths parents may encounter:

  • A national legal drinking age just makes alcohol “forbidden fruit” that kids try harder to get. The Truth: Teen drinking has been substantially reduced since Congress passed the National Minimum Drinking Age Act in 1984, making it illegal for anyone under 21 to purchase alcohol.
  • The legal drinking age in Europe is younger than it is in the United States, and European kids don’t seem to have the same degree of alcohol-related problems as American kids. Maybe the U.S. drinking age should be lowered. The Truth: A recent National Institutes of Health publication shows that European countries with lower drinking ages have the same teen drinking problems as the U.S., or worse.
  • I drank when I was a kid, and I’m okay, so what’s the problem with letting teens drink now? The Truth: About 5,000 people under 21 die from injuries related to underage drinking every year. Teens who drink are at more likely than nondrinkers to ride with a drinking driver; have unwanted, unintended, and unprotected sexual activity; use tobacco; experience interpersonal violence; consider or attempt suicide; and use marijuana, cocaine, or inhalants. Underage drinking is also a risk factor for heavy drinking later in life.
  • It’s better to hold the party at my house, so my kids and their friends aren’t out driving. The Truth: Letting other families’ kids drink in your house undermines their parents and in many states violates the law. Drunk driving isn’t the only danger associated with teen drinking, and you can’t guarantee that your teen guests won’t drive after they leave your house. Rather than providing a place where kids can drink, offer non-alcoholic choices.

Over the past two years, the We Don’t Serve Teens program has received tremendous assistance from its public and private partners. In 2007, the campaign generated an unprecedented 1.1 billion advertising impressions with a market value of over $9 million, and was recognized by the U.S. Senate and officials from 40 states.

Organizations helping with the We Don’t Serve Teens campaign include the U.S. Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau, American Beverage Licensees, Beer Institute, Distilled Spirits Council, National Alcohol Beverage Control Association, National Association of Broadcasters, National Conference of State Liquor Administrators, National Liquor Law Enforcement Association, National Consumer League, Office of Safe and Drug Free Schools, Outdoor Advertising Association of America, Responsible Retailing Forum, Students Against Destructive Decisions, The Century Council, and Wine and Spirits Wholesalers of America.

Join us in making it a safe summer!

(WDST NR 6-10)

FTC Sues Subprime Credit Card Marketing Company and Debt Collector for Deceptive Credit Card Marketing

The Federal Trade Commission today announced the filing of a lawsuit charging CompuCredit Corporation and its wholly-owned debt collection subsidiary, Jefferson Capital Systems, LLC, with deceptive marketing practices in selling credit cards to consumers in the subprime market.

The FTC’s complaint charges both defendants with violations of the FTC Act and Jefferson Capital with violations of the Fair Debt Collection Practices Act (FDCPA). Today’s action is the result of a coordinated investigation of the defendants’ marketing practices by the FTC and the Federal Deposit Insurance Corporation. In a related action, the FDIC has issued notice of administrative charges against CompuCredit and two banks that issued credit cards marketed by CompuCredit.

“It is important for all consumers – including those in the subprime market – to have access to credit card products. But the marketing of these products must be truthful; it should not – and cannot – be misleading about the true costs and terms of the credit card,” said Lydia Parnes, Director of the FTC’s Bureau of Consumer Protection.

As stated in the FTC’s complaint, CompuCredit markets credit cards, primarily through direct mail solicitations, under various brand names, including Aspire, Aspire A Mas, FreedomCard, Tribute, Imagine, Majestic, Aspen, Emerge and Fingerhut Credit Advantage. These cards generally fit into three categories:

Fee-based Visa with $300 limit. According to the FTC, CompuCredit marketed to consumers with subprime credit ratings a Visa credit card with a purported $300 credit limit, using solicitations that stated certain up-front fees that did not apply. Rather than provide consumers with $300 of available credit, CompuCredit immediately charged consumers as much as $185 in fees that it did not adequately disclose in light of the representations made. These fees left consumers with as little as $115 in available credit.

Visa with “up to $3,250” limit. As alleged by the FTC, CompuCredit marketed to consumers with slightly higher credit scores its Visa credit card purporting to offer “up to $3,250” in available credit. CompuCredit failed to disclose, or failed to disclose adequately, that half of the available credit would be withheld for the first 90 days. CompuCredit also failed to disclose, or failed to disclose adequately, that for the first 90 days, the company would monitor consumers’ purchases, and might reduce their credit limit based on an undisclosed “behavioral” scoring model.

Debt-transfer Visa program. According to the complaint, CompuCredit and Jefferson Capital marketed a Visa credit card to consumers with charged-off debt. CompuCredit and Jefferson Capital represented that the consumers’ old debt balance would be immediately transferred to the card and reported to consumer reporting agencies as paid in full. Consumers who accepted the offer, however, were immediately enrolled in a debt repayment plan and did not receive a Visa card until they paid 25 percent to 50 percent of their charged-off debt.

The FTC alleges that CompuCredit violated the FTC Act by misrepresenting the amount of credit that would be available immediately to consumers, failing to disclose up-front fees, failing to disclose that certain purchases could reduce a consumer’s credit limit, and misrepresenting a debt collection program as a credit card offer. Jefferson Capital allegedly violated the FTC Act and FDCPA by misrepresenting a debt collection program as a credit card offer and using abusive collection tactics such as making debt collection calls to individual consumers more than 20 times per day, including before 8 a.m. and after 9 p.m., and on Sundays.

The Commission voted 4-0 to authorize staff to file the complaint. The complaint was filed in the U.S. District Court for the Northern District of Georgia.

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 defendants have 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 1,500 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.

(FTC File No. 0623212)
(Compucredit)