An operation that used unsolicited commercial e-mail to promote an alleged bogus get-rich-quick scheme has been shut down by a U.S. District Court at the request of the Federal Trade Commission.
The Commission voted to authorize staff to file the complaint against Gregory Bryant, Jr., Nadira Bryant, Gregory Bryant & Associates, Dove Marketing Corp., GBA Publishing, GBA Financing, Network Marketing, Miracle Moms, and DM Marketing Services.
The complaint was filed in the U.S. District Court in Jacksonville, FL.
The FTC alleged the senders of the spam violated federal laws by using deceptive header information and subject lines in their solicitations, making bogus earnings and refund claims, and withdrawing funds from consumers' checking accounts without authorization.
The FTC will seek to shut down the operation permanently and will seek redress for consumers.
According to the FTC, the operation spammed consumers with e-mail that claimed that they could make substantial income by signing up for a work-at-home business opportunity.
In their e-mails, the defendants said all that consumers could obtain a “home mailing kit” for a “shipping and handling” fee of $24.77; that the defendants would pay consumers $4 for each envelope they stuffed and mailed; and that the offer was backed by a 30-day, money back “NO QUESTIONS ASKED” guarantee.
According to documents filed with the court, however, the “kit” received by most consumers was a two-page letter and a CD-ROM showing consumers how to perpetuate the defendants' scam. Consumers who tried to get the defendants to honor the “30-day, money-back guarantee,” were ignored, falsely told that the returned material was damaged, or told they failed to act within the 30-day trial period. One consumer was told he would be reported to the police for harassment if he contacted the “call center” again.
The defendants claimed that in addition to the initial “shipping and handling” fee of $24.77, consumers would be charged a $24.95 “registration fee” only after their 30-day trial period expired. Consumers who signed up for the home mailing program, however, often found their bank accounts debited for the entire $49.72 amount immediately. In other instances, the defendants withdrew this amount twice. Consumers who complained about these unauthorized withdrawals rarely succeeded in obtaining refunds.
The FTC also alleged that the defendants' spam contained altered or “spoofed” header information falsely indicating that the message had been transmitted “from” either the recipient's own e-mail account or the account of an unrelated third-party.
The FTC has asked the court to bar the illegal practices permanently and to order redress for consumers.
