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The FTC also charged that Gerber’s ads misrepresent that Good Start Gentle has qualified or received approval from the Food and Drug Administration (FDA) to make general allergy prevention health claims.
ROSCA prohibits marketers from charging consumers in an Internet transaction unless the marketer has clearly disclosed all material terms of the transaction and obtained the consumers’ express informed consent., Health Formulas, LLC, marketed a variety of dietary supplements and other weight-loss, virility, muscle-building, or skin cream products.
The operators were accused of making misrepresentations to consumers and violating the Restore Online Shoppers' Confidence Act by not disclosing the terms of the subscriptions or allowing an easy way to stop the charges.
Under the settlement, in addition to the restitution, the site owners agreed to no longer use phony profiles without disclosing the practice and to be up-front regarding billing and cancellation policies.
The complaint also charges the defendants with violating the Restore Online Shoppers’ Confidence Act (ROSCA) by failing to disclose clearly the terms of the negative-option plan, obtain express informed consent before charging consumers, and provide a simple way to stop recurring charges.
The complaint alleges that the defendants subjected consumers to deceptive and high-pressure sales pitches conducted by scammers in an overseas call center.
The defendants have agreed to the terms of a preliminary injunction issued by the court that prohibits them from making misrepresentations to consumers about what company they represent or whether consumers have viruses or spyware on their computer.
"JDI Dating used fake profiles to make people think they were hearing from real love interests and to trick them into upgrading to paid memberships," Jessica Rich, director of the FTC's Bureau of Consumer Protection, said in a statement.
"Adding insult to injury, users were charged automatically to renew their subscriptions -- often without their consent."JDI Dating and William Mark Thomas, whom the action was taken against, run the 18 sites, which include cupidswand.com, and