ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus, Inc. The marketer’s advertising came to the attention of ERSP through an anonymous competitor challenge.
ERSP reviewed online advertising claims for the affiliate marketing, real estate investing program, including:
- “… teaches you how to make money with real estate investing – buying and selling foreclosures and distressed properties and doing it with no money and no credit”
- “… will help you achieve financial freedom faster than ever!”
- “Over the past 16 years, Jeff has invested in both residential and commercial properties in a variety of different states and his real estate businesses have brought in more than $50 million”
- “… enabled me to increase my income in ways I never thought possible. No more hype. No more confusion. Thanks so much for your help, Jeff. I didn't think it could really be done, especially not as fast as Jeff said." [Don Sanders]
Preliminarily, ERSP noted the marketer’s willingness to cooperate and participate in the self-regulatory process.
ERSP was concerned with representations that consumers are able to make money with no money or no credit. ERSP noted that the marketer pledged to modify the website to qualify such claims to indicate that certain strategies do not require using any of the student’s money. ERSP also acknowledged the marketer’s commitment to indicate whether certain material terms and conditions of particular lenders may apply.
ERSP also was concerned with the implication that consumers may earn money quickly and easily and recommended that such performance claims be discontinued.
ERSP noted that the marketer did not provide any evidence regarding the amount of money that consumers have earned and that the majority of earnings claims attest to Jeff Adams’ personal success in real estate investing.
The marketer informed ERSP that with regard to www.jeffadams.com, it will further modify its website to remove all earnings claims, and will refrain from making earnings claims in future advertising that is developed. ERSP further recommended that the marketer qualify the claims with a clear and conspicuous disclosure indicating that Jeff Adam’s success was atypical, by disclosing what the typical result would be.
Finally, ERSP does not dispute that the success stories depicted in the advertising are from real people with actual success stories. However, ERSP recommended that they be accompanied by clear and conspicuous language qualifying the claims with disclosures of typicality. ERSP also recommended the marketer revisit testimonial claims for any potential implied earnings messages within the context of the testimonials themselves.
The company, in its marketer’s statement, said that it “agrees with ERSP's recommendations, has implemented those recommendations and will continue to comply with all federal, state and local laws, regulations, industry guidelines and best industry practices.”
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