Several defendants behind pitches for free government grants, credit help and work-at-home schemes have agreed to a permanent ban from marketing products and services like those that they pitched to unwary consumers.
Among the claims, according to the Federal Trade Commission, was the operation could help people get government grants.
According to the FTC’s complaint, Juliette Kimoto, Johnnie Smith, and other defendants behind Grant Connect used pictures of President Obama, Vice President Biden, and the American flag to bolster claims that their bogus government grants service was affiliated with the U.S. government.
False claims
They promoted their dietary supplement by falsely claiming that it was endorsed by Oprah Winfrey and supported by scientific research, and failed to adequately disclose that their credit offers were merely memberships to a costly shopping club.
The FTC’s complaint charges that the defendants failed to adequately disclose that consumers who bought their products or services would be enrolled in continuity plans with significant monthly fees, mainly for other unrelated products. It also alleges the defendants used fake testimonials to promote their products and debited consumers’ bank accounts on a recurring basis without consumers’ permission.
The settlements with Juliette Kimoto, Johnnie Smith, and four companies Kimoto owned permanently bar the defendants from marketing products and services similar to those that they allegedly used to deceive consumers. The settlements also impose a $29.9 million judgment against them, which will be suspended if other, lesser payments are made.
The first settlement order bans defendant Johnnie Smith from marketing or selling grant-related products or services, credit-related products, work-at-home business opportunities, weight-loss related dietary supplements, and other products or services using a “negative-option” or continuity program in which consumers are billed automatically until they decide to cancel.
Smith also is banned from assisting anyone else selling these programs or products and from taking customer payments using pre-approved electronic fund transfers. Finally, Smith is banned from using testimonials to sell products or services, and is subject to the monetary judgment, under which he will pay $45,000.
Additional settlement
The second settlement order bans Juliette Kimoto and four companies she owned from: selling grant-related products or services, credit-related products, or work-at-home business opportunities; selling products or services with a continuity or negative-option program; taking consumer payments by preauthorized electronic funds transfer; assisting others engaged in these activities; and using testimonials.
The second settlement order also bans the four companies from marketing dietary supplements claimed to assist in weight loss or other specified outcomes, and prohibits Juliette Kimoto from making misleading health claims related to dietary supplements. The order also requires Juliette Kimoto to pay more than $90,000 and to turn over various personal assets, including jewelry, a piano, and a 1967 Chevy Camaro, along with all the cash and other assets held by the entities she owned. The total value of the cash and assets turned over by Juliette Kimoto and the companies she owned exceeds $220,000.
Thomas Kall (Wed, 19 Oct 2011 14:25:21 +0000): Good news! The good guys won this time.
Marlene Antonellis Morrissey (Wed, 19 Oct 2011 22:38:30 +0000): Keep it up....now how about government going after entitlements....then were talking!