September 23, 2008
A company had pitched its advance-fee credit cards to consumers will
pay nearly $1 million in restitution. The terms against Financial
Advisors & Associates Inc. and its principal James Sweet, doing
business as Freedom Financial, are spelled out in a court order
obtained by the U.S. Federal Trade Commission.
The agency says Freedom Financial violated the FTC Act and the agency's Telemarketing Sales Rule. For good measure, it's also accused of calling consumers who were on the national Do No Call list.
In settling the FTC's charges, the defendants will turn over virtually all of their liquid assets, as well as the proceeds from the sale of Sweet's 2000 convertible SL 500 Mercedes, to be used for consumer redress.
According to the FTC, Freedom Financial called consumers pitching an advance-fee "credit card" that could be used just like a traditional Visa or MasterCard, but which in reality only could be used to buy goods from Freedom Financial's own catalog or Web site. Before receiving the cards, consumers had to pay 10 percent of the "credit line" as a down payment--typically between $200 and $300--that was debited from the consumers' bank accounts.
The defendants also told consumers that they would repair consumers' credit scores by reporting payment histories to the major credit bureaus, but never did so.
The Commission's complaint charges the defendants with violating Section 5 of the FTC Act through their deceptive practices and violating the TSR in three ways by failing to disclose material information concerning their credit card, calling consumers whose phone numbers are on the DNC Registry, and failing to pay the required Registry fee.
The final court order announced today settles the Commission's charges against defendants Financial Advisors & Associates Inc. and James Sweet, and contains both conduct and monetary relief. First, it bars the defendants from engaging in any misrepresentations alleged in the complaint, including false representations that they will provide consumers with a general-purpose credit card and that they report consumers' credit histories to credit bureaus. The order also bars the defendants from making any false or misleading statement of fact in connection with the sale of any goods or services, including false statements about the total cost of any goods or services for sale, how the goods can be used, or the seller's refund policy. In addition, the order prohibits the defendants from failing to disclose any material terms or conditions of any sales offer, including all fees and expenses associated with any credit card offer. It also bars them from violating the TSR and the DNC Rule. The order prohibits the defendants from selling their customer lists, or transferring any of the information on them to anyone else. It also requires them to cooperate in any FTC investigations arising from the facts in this case.