Testimonial advertising crossing the line into deception, says NCL – National Consumers League

July 22, 2009

Stricter rules on consumer and expert endorsements, blogola, and fake news needed, says consumer group

Contact: 202-835-3323, media@nclnet.org

WASHINGTON, DC –- Appearing today before a Senate subcommittee, the National Consumers League (NCL) called for stricter rules regarding the use of consumer and expert testimonials in advertising. The consumer group also urged lawmakers and regulators to strongly consider establishing guidelines regarding disclosure by bloggers and others of compensation received in return for product and service reviews online. The League also described as “extremely troubling,” the proliferation of advertising masquerading as real news.

“Now more than ever, consumers need to be assured that products and services advertised to them deliver on what they promise,” said NCL Executive Director Sally Greenberg. “We believe that the overuse of consumer testimonials and expert endorsements has crossed the line from aggressive marketing to outright deception.”

The hearing before the Senate Commerce Committee’s consumer protection subcommittee was prompted by revisions being undertaken at the Federal Trade Commission (FTC) of the agency’s guidelines regarding the use of consumer testimonials and expert endorsements in advertisements. Changes under consideration include requiring advertisers to prominently disclose average results when atypical results are shown, such as in diet pill commercials. Other changes would require that bloggers and other online reviewers disclose when they receive payment or gifts from advertisers in return for a review. NCL also urged regulators and lawmakers to investigate whether the undisclosed use of video news releases by news organizations should fall under the FTC’s testimonial advertising guidelines.

“We find the rampant lack of disclosure by broadcasters that they are being paid to air VNRs extremely troubling,” said Greenberg. “Citizens of a democratic society should have confidence that the media is not passing off advertisements as hard news.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL commends Minnesota attorney general for prosecution of arbitration firm – National Consumers League

July 16, 2009

Contact: 202-835-3323, media@nclnet.org

WASHINGTON, DC –- The National Consumers League (NCL) commends Minnesota Attorney General Lori Swanson for her efforts to prosecute the National Arbitration Forum (NAF), the nation’s largest arbitration company, for consumer fraud, deceptive trade practices, and false advertising.

Consumer groups have argued for years that the while the NAF claims to be a neutral arbitrator of debt collection complaints against consumers and on other consumer complaints, behind the scenes the company aggressively markets itself to credit card companies, mortgage lenders, debt buyers, and cell phone companies and even helps them put mandatory arbitration clauses in consumer contracts.

Businesses know that they will be treated more favorable under arbitration, and so have been eager to participate in it.

But the suit brought by the Attorney General brings up even more serious allegations of bias and favoritism toward businesses. Swanson claims the NAF helps companies fill out claims against consumers, while providing consumers no such assistance. The lawsuit also reveals the intricate corporate ties between NAF and debt collection companies who do business with NAF’s clients. The NAF hides these connections, as they illustrate a clear conflict of interest.

Mandatory arbitration provides legal cover for businesses at the expense of consumers’ right to take action in court when they are harmed. The National Consumers League supports a full ban on mandatory arbitration and applauds the Minnesota Attorney General for her action on the matter.

NCL warns Senate of recession-fueled fraud – National Consumers League

July 14, 2009

New Fraud Center Statistics Underscore Call for Increased Federal Fraud Fighting

Contact: 202-835-3323, media@nclnet.org

WASHINGTON, DC – Appearing today before a Senate subcommittee, the National Consumers League (NCL) said that frauds linked to the bad economy are on the rise and called upon federal fraud cops to “vigorously enforce existing anti-fraud statutes and regulations” and redouble their efforts to educate consumers about the growing threat of recession-fueled fraud.

NCL warned that consumers’ thinly-stretched pocketbooks have “increased their vulnerability to fraudsters offering promises of extra income. The consumer group warned that nearly one in three consumers could be at risk for fraudulent work-at-home schemes and that fake check complaints involving phony sweepstakes and bogus “mystery shopper” jobs continue to increase.

Top Scams, January – June 2009 (read full report)

1. Fake Check Scams
2. Internet: Gen Merchandise
3. Prizes/Sweepstakes/Free Gifts
4. Phishing/Spoofing
5. Nigerian Money Offers (not prizes)
6. Business Opportunities/Franchises/Distributorship
7. Advance Fee Loans, Credit Arrangers
8. Friendship & Sweetheart Swindles
9. Internet: Auctions
10. Lotteries/Lottery Ticket Buying Clubs

“Consumers face a double bind. The economic crisis has made them increasingly vulnerable to fraud while local agencies that investigate scams and enforce the laws are shutting their doors, leaving consumers with fewer avenues to protect their interests,” said Greenberg. “Absent increased action at the federal level to investigate and prosecute scam artists, consumers will be caught between the proverbial rock and a hard place.”

In support of Greenberg’s testimony, NCL’s Fraud Center released its semi-annual ranking of the top telemarketing and Internet scams plaguing consumers so far in 2009, with fake check scams continuing to top the list. For the first six months of 2009, fake check scams made up more than 44 percent of the total complaints NCL received, with more than half of these complaints (55 percent) involving a fraudulent mystery shopper job or phony sweepstakes winnings. Average losses per victim were more than $3,000.

Phony business opportunity scams — which include fake franchises and distributorships – were not among the most commonly reported scams to the Fraud Center in 2008. However, in the first six months of 2009, they have risen into the top ten most-reported scams. Earlier this year, an NCL-commissioned survey found that 31 percent of respondents were more likely to consider starting a home-based business due to the current economic climate. NCL believes that this is a reflection of a weak economy, loss of jobs, and consumers’ eagerness to find viable employment.

“The worsening economy has clearly had an impact on consumers’ vulnerability to fraud.” said John Breyault, NCL Vice President for Public Policy, Telecommunications and Fraud. “Consumers should be wary that scammers are eager to prey on those in greatest financial need.”

NCL’s Fraud Center is unique among consumer organizations. It was created in 1992 to combat the economic menace of telemarketing fraud. In 1996, it expanded its fraud-fighting efforts to include scams in cyberspace. The Fraud Center’s www.fraud.org and www.fakechecks.org. Web sites are a consumer resource with information on the most common telemarketing and Internet scams. Consumers can report suspected fraud there using NCL’s online complaint form. These reports are then transmitted to the appropriate agencies among NCL’s law enforcement and consumer protection partners in the U.S. and Canada. These reports alert authorities to emerging scams and help put them in touch with victims, while providing the necessary ammunition to investigate and shut down fraudulent operations.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL calls on Senate to support Consumer Credit Fairness Act – National Consumers League

June 25, 2009

Nation’s pioneering consumer organization urges lawmakers to protect consumers from usurious interest rates

Contact: 202-835-3323, media@nclnet.org

Washington, D.C. — The National Consumers League is pleased to support S.257, the Consumer Credit Fairness Act, which is scheduled to be considered today by the Senate Judiciary Committee. The Act, introduced by Sen. Sheldon Whitehouse (D-RI), would amend title 11of the United States Code “to disallow certain claims resulting from high cost credit debts.”

The following statement is attributable to Sally Greenberg, Executive Director of the National Consumers League:

“Consumer protection in light of the current economic downturn is crucial for the stimulation and revitalization of our economy. By modifying the bankruptcy code, this legislation, S.257 — the Consumer Credit Fairness Act — would help provide relief for consumers paying for excessive high-interest loans and who are subsequently overwhelmed by mounting debt. Furthermore, the legislation would create disincentives to debt issuers to offer such predatory loans in the first place. In the interest of protecting consumers from usurious interest rates, we urge the members of the Senate Judiciary Committee to approve this bill.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL supports confirmation of Inez Moore Tenenbaum as CPSC chair – National Consumers League

June 16, 2009

Nation’s Pioneering Consumer Organization Urges Swift Confirmation to Speed Implementation of Consumer Protection Agenda

Contact: 202-835-3323, media@nclnet.org

Washington, D.C.—The National Consumers League (NCL) applauds the hearing by the U.S. Senate Committee on Commerce, Science and Transportation of Inez Moore Tenenbaum, former Superintendent of Schools for South Carolina, as Chairwoman of the Consumer Product Safety Commission (CPSC). Having previously supported President Obama’s nomination, NCL calls for a swift confirmation of Tenenbaum.

The following statement can be attributed to Sally Greenberg, Executive Director of the National Consumers League:

“Elected for two consecutive terms as Superintendent of South Carolina Public Schools and founder of the south Carolina Center for Family Policy — a non-profit organization advocating for reform in the state’s juvenile justice system — Tenenbaum’s experience attests to her commitment to child safety and health.”

“If confirmed, Tenenbaum’s extensive background in public policy will help her in implementing the Consumer Product Safety Improvement Act of 2008. We again welcome Tenenbaum to Washington and look forward to working with her and the Commission to restore its original mandate – protection consumer from hazardous products.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL supports confirmation of Genchowski, McDowell for FCC – National Consumers League

June 16, 2009

NCL Statement of Support for Senate Confirmation of FCC Chair-Designate Julius Genchowski and Commissioner Robert McDowell

Contact: 202-835-3323, media@nclnet.org

Washington, D.C.—The National Consumers League (NCL) applauds the confirmation hearings of the U.S. Senate Commerce Committee on the nominations of Julius Genachowski, as Chairman of and Robert McDowell, as Commissioner of the Federal Communications Commission (FCC). NCL calls on the Committee to swiftly confirm both Genachowski and McDowell.

The following can be attributed to Sally Greenberg, Executive Director of the National Consumers League:

Julius Genachowski has demonstrated a dedication to the growth of innovative telecommunication services through his work both at the FCC under former Chairman Reed Hundt and in the private and non-profit sectors with IAC/InterActiveCorp.and Common Sense Media, among his other activities If confirmed, we look forward to working with him to ensure that consumer interests are well-represented as the FCC moves to implement its large and growing agenda.

In his three years with the FCC, Commissioner McDowell has shown a willingness to engage with the public interest community on a range of issues such as competition policy, spectrum reform, and broadband access. We look forward to continuing to work with the Commissioner, should he be reconfirmed.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL calls for investigation of KeyBank – National Consumers League

June 3, 2009

Citing excessive fees, predatory lending, outsourcing jobs to India and other anti-worker practices by TARP recipient

Contact: 202-835-3323, media@nclnet.org

Washington, D.C. — The National Consumers League, in coalition with Consumer Action, National Association of Consumer Advocates and the Consumer Federation of California, have written a letter to the Treasury’s TARP Inspector General, Mr. Neil Barofsky, and to the TARP’s Congressional Oversight Panel, Chaired by Harvard Law Professor Elizabeth Warren, calling for an investigation of KeyBank’s current business practices and implementation of a remedial process for harm done to consumers, workers and their communities.

In the letter, the groups told officials that KeyBank has a history of engaging in predatory student lending and exposing its customers to excessive fees, and that loans to the bank will serve to undermine the Emergency Economic Stabilization Act of 2008.

Since receiving TARP funds, KeyBank’s behavior towards customers persists as a recent complaint makes amply clear. One customer has written: “Opening an account with KeyBank has been a costly mistake. I have paid overcharge fees and drafts due to the bank’s mistakes! They charge fees for everything, and have no empathy for the customer. They should be ashamed of themselves considering the economy today.”

KeyBank stands out among banks, many of whom also charge excessive fees.

“The National Consumers League and our colleagues find the practices of KeyBank toward students, consumers and workers to be totally out of sync with what the government intended when it provided bailout funds.” said Sally Greenberg, Executive Director of the National Consumers League. “We are distressed to learn that KeyBank is receiving taxpayer funded monies and believe that this is wrong.”

In addition to being involved in shady student loans and excessive customer fees, Key Bank has also engaged in anti-worker behavior, such as providing financing for a company engaged in extensive workers rights abuses, and outsourcing many of its information technology jobs to India. This acts against the interests of the very communities these funds are supposed to be helping.

“We implore the Federal authorities to review their decisions to provide funds to KeyBank, and ensure that the bank’s practices are consistent with the public interest,” said Ira Rheingold, Executive Director of the National Association of Consumer Advocates.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL releases top 10 frauds of 2008 – National Consumers League

June 2, 2009

With economy in shambles, group warns consumers are at increased risk of falling for scams

Contact: 202-835-3323, media@nclnet.org

WASHINGTON, DC – The National Consumers League (NCL) has released its annual ranking of the top telemarketing and Internet scams plaguing consumers in 2008, with Fake Check Scams, Internet Merchandise Scams, and Prizes/Sweepstakes/Free Gift Scams topping the list. NCL’s Fraud Center, which collects reports directly from consumers, tracks emerging scams and trends, and relays complaints to relevant law enforcement and consumer agencies in the United States and Canada, is reminding consumers today that, no matter how pinched they are feeling in the pocketbooks, they must keep a level head in this shaky economy.

2008 Top Overall Scams (read full report)

  1. Fake Check Scams
  1. Internet: Gen Merchandise
  1. Prizes/Sweepstakes/Free Gifts
  1. Phishing/Spoofing
  1. Nigerian Money Offers (not prizes)
  1. Internet: Auctions
  1. Advance Fee Loans, Credit Arrangers
  1. Lotteries/Lottery Ticket Buying Clubs
  1. Friendship & Sweetheart Swindles
  1. Magazines

“Consumers are losing money to scams by the billions, and in this economic environment, they really can’t afford the losses,” said Sally Greenberg, NCL Executive Director, the nonprofit consumer group that has operated the national Fraud Center since 1992. “The consumer marketplace is challenging enough without the unscrupulous tactics of scam artists thrown into the mix. We’re issuing this reminder today to consumers to keep a level head about offers that seem to be ‘can’t lose’ or ‘no risk’ situations and be on their guard for fraud.”

New noteworthy trends among fraud complaints in 2008 include an increase in the use of the Internet (36.3 percent) and postal mail (25.5 percent) as the method of initial contact by scammers. The two methods replaced email (25.4 percent) which had been the most common method of contact in previous years. In telemarketing scams, fake check fraud continued to dominate, accounting for more than three-fifths (61.2 percent) of all telemarketing fraud complaints logged by consumers. Among scams perpetrated online, Internet merchandise-related complaints (in which consumers lose money on goods purchases at Internet Web sites other than online auctions) bumped fake check schemes from the number one spot on the Internet frauds list.

“Complaints to our Fraud Center tell a variety of stories about consumers being victimized by telemarketing and Internet scams, but there’s a common thread throughout,” said John Breyault, Director of NCL’s Fraud Center and Vice President for Public Policy, Telecommunications and Fraud. “The con artists making a living perpetrating these scams are, needless to say, good at what they do. Fraud can happen to anyone, of any age, at every level of education. No one is immune from scams. It’s more important than ever that fraud victims come forward to share their stories, help prevent other consumers from falling victim, and bring scammers to justice.”

The nonprofit NCL’s Fraud Center, unique among consumer organizations, was created in 1992 to combat the economic menace of telemarketing fraud, and in 1996, expanded its fraud-fighting efforts to include scams in cyberspace. The Fraud Center’s www.fraud.org. Web site is a consumer resource with information on the most common telemarketing and Internet scams. Consumers can report suspected fraud using the online complaint form. The Fraud Center transmits reports to the appropriate agencies among more than 190 law enforcement and consumer protection authorities in the U.S. and Canada that participate in the Fraud Center’s “early warning” system. These reports alert agencies to emerging scams and help put them in touch with victims, while providing the necessary ammunition to investigate and shut down fraudulent operations. To learn more about the top Internet and telemarketing frauds of 2008, visit www.fraud.org.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL to teens: avoid these five worst summer jobs – National Consumers League

May 29, 2009

One teen American worker dies from a workplace injury every ten days; advocacy group warns parents and teens to be smart this summer and protect themselves from workplace hazards

Contact: 202-835-3323, media@nclnet.org

WASHINGTON, DC – With summer just around the corner, and many teens competing with out-of-work adults for summer employment, the National Consumers League has issued its annual report for 2009 on the Five Worst Teen Jobs, with work in agriculture again topping this year’s list for the third year running. Based on statistics from the National Institute for Occupational Safety and Health (NIOSH), a teen American worker dies from a workplace injury every ten days, and an estimated 158,000 youth sustain work-related injuries and illnesses each year.

The National Consumers League (NCL), which coordinates the Child Labor Coalition, has issued this year’s Five Worst Teen Jobs report to remind teens and parents that while it’s never too late to focus on safety when considering a summer job, it’s often difficult to see the hidden dangers in many jobs that are legal for teens to perform.

“Seeing the dangers in summer work isn’t always easy. Jobs like construction are obviously dangerous, but others like retail work can pose hidden dangers when teens are asked to work alone at night and may be vulnerable to robberies and assaults,” said Reid Maki, NCL’s Director for Social Responsibility and Coordinator of the Child Labor Coalition. “And at times, young workers performing seemingly safe jobs are asked to do very unsafe things, such as using trash compactors, something the law specifically prohibits them from doing because it is too dangerous. Choosing a summer job can be very difficult, even for those parents and teens who are mindful of safety concerns.”

In 2007—the last year for which there are complete records—an estimated 2.6 million adolescents aged 16 to 17 years worked in the United States, and that figure does not include the 400,000 children of migrant and seasonal farmworkers who work at ages younger than 16 because of loopholes in our child labor laws.

“Each year, the National Consumers League issues our Five Worst Teen Jobs report to remind teens and their parents to choose summer jobs wisely,” said Sally Greenberg, NCL Executive Director and co-chair of the NCL-coordinated Child Labor Coalition. “Summer jobs can contribute a lot to a child’s development and maturity, and teach new skills and responsibilities, but the safety of each job must be a consideration. If you think employers, even good-intentioned ones, and federal child labor laws can protect our young workers from dangerous tasks, think again.”

NCL’s Five Worst Teen Jobs of 2009 (read full report)

  1. Agriculture: Harvesting Crops
  1. Construction and Height Work
  1. Driver/Operator: Forklifts, Tractors, and ATV’s
  1. Traveling Youth Sales Crews
  1. Outside Helper: Landscaping, Groundskeeping and Lawn Service

The Five Worst Jobs of 2009 report focuses on jobs that are legal for teens to perform despite placing young workers in potentially dangerous environments, according to NCL. Despite urging by advocates for Congress and the Department of Labor to prohibit the jobs known as the “most dangerous forms of child labor,” most of the activities on the list remain legally permitted work for teens, including work at heights, poultry catching and processing, driving tractors and all-terrain vehicles (ATVs), operating chain saws (prohibited for only use on wood) and working on traveling youth crews that sell magazines or other products.

In this year’s report, NCL has also highlighted illegal work in meat packing plants as a “Bonus Worst Job” in addition to the legal worst five jobs. Although workers must be 18 years old to legally work in these plants, recent federal immigration raids have found children as young as age 15 working in meat packing. Reports that 50 teens may have been working in the Agriprocessors plant in Postville, Iowa and the more than 9,000 child labor violations alleged against the plant by the State of Iowa have raised great alarm among child labor and child welfare advocates.

“Meat processing work, which involves repetitive use of very sharp knives, is extremely dangerous—for youth and adults. In a visit to Postville, Iowa last summer, we met a young worker who cut himself processing meat when he was only 16 years old,” said Maki. “The truth is that even laws that are meant to protect our young workers are not being obeyed, and teens are at great risk.”

NCL compiles the Five Worst Teen Jobs each year using government statistics and reports, including monitoring reports from state labor officials and news accounts of injuries and deaths. Statistics and examples of injuries for each job on the list are detailed in a report available here.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL applauds FDA for warning General Mills for misbranding Cheerios – National Consumers League

May 13, 2009

Contact: 202-835-3323, media@nclnet.org

Washington, DC–In response to a letter of complaint sent by the National Consumers League (NCL) the U.S. Food and Drug Administration (FDA) has issued a warning letter to General Mills for the misbranding of its Cheerios cereal as a cholesterol-lowering product. In September of 2008, NCL’s Executive Director Sally Greenberg wrote to the FDA to complain about the “drug-like claims” on boxes of Cheerios cereal:

“General Mills on the front panel of its Cheerios® breakfast cereal label boldly entices consumers to “Join the Challenge and Lower Your Cholesterol 4% in 6 weeks.” The back panel similarly claims, “You Could Lower Your Cholesterol 4% in 6 weeks,” and directs consumers to “Sign Up Today at CheeriosChallenge.com” General Mills’ claim promises consumers a health benefit (i.e., lowered blood cholesterol levels) merely by consuming Cheerios® breakfast cereal without accompanying changes in diet or lifestyle. NCL understands that such “magic bullet” health claims are impermissible under the laws that your agency enforces and properly are reserved to cholesterol-lowering medications . . .”

The League, founded in 1899 as America’s oldest consumer group, has frequently filed complaints with the FDA on misleading claims, specifically, on manufacturers’ use of the words “healthy” and “natural” on food products and dietary supplements. NCL has also called attention to a manufacturers’ misuse of “low fat” and “fresh.”

The FDA’s warning letter to General Mills contains two significant findings, first informing Chairman and CEO of General Mills, Ken Powell, that “Your Cheerios ® product is misbranded . . . because it bears unauthorized health claims in its labeling.” Secondly, the FDA’s letter finds that “. . . your Cheerios® Toasted Whole Grain Oat Cereal is promoted for conditions that cause it to be a drug because the product is intended for use in the prevention, mitigation, and treatment of disease.” As a result, FDA has informed Mr. Powell that Cheerios is therefore considered a drug and subject to drug regulation by the federal agency.

“We applaud the FDA for taking tough regulatory action in response to NCL’s letter last fall, highlighting the impermissible claims General Mills is making about Cheerios. Consumers deserve accurate information and truth in labeling in the products their families purchase and consume. General Mills should know better than to market its cereals with these false claims,” Greenberg said.

FDA’s letter instructs General Mills to correct its violations and to inform the regulatory agency what steps are being taken within 15 days of receiving the warning. For copies of the NCL letter and the FDA’s response, visit www.nclnet.org.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.