FTC Refunds Over $2 Million to Purchasers of Finance and Health-Related Publications

Lori Kalani, Bernard Nash
Cozen O'Connor
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  • The FTC announced that it would be refunding over $2 million to senior citizens and retirees who purchased finance and health-related newsletters, books, and subscription services published by Agora Financial, LLC, NewMarket Health, LLC, Health Sense Media, LLC, and related defendants. The 34,893 checks and PayPal refunds are meant to compensate those consumers who were targeted by and lost money through defendants’ alleged deceptive marketing, which advertised a cure for type 2 diabetes as well as advice regarding a government-affiliated check program.
  • In October 2019, the FTC filed a complaint against the defendants in the United States District Court for the District of Maryland, alleging that defendants made false or unsubstantiated efficacy claims, false establishment claims, misrepresentations, and material omissions in violation of Section 5(a) of the FTC Act. Specifically, the FTC alleged that defendants misrepresented that the protocols described in their publication The Doctor’s Guide were “scientifically proven to cure, treat, or mitigate type 2 diabetes or its symptoms in 28 days.”  Additionally, the FTC alleged that defendants misrepresented in their publication Congress’ Secret $1.17 Trillion Giveaway or Lifetime Income Report that consumers were entitled to and could collect hundreds to thousands of dollars in government-funded Congressional Checks or Republican Checks.
  • As set forth in the stipulated order , defendants cannot make the types of misrepresentations they made in The Doctor’s Guide and other related health claims outlined in the complaint without scientific substantiation. Nor can they make the financial misrepresentations alleged in the complaint or other financial claims without disclosing the risks, cost, restrictions, limitations, or conditions of the program. The defendants were also required to pay $2,059,009.53 in equitable monetary relief, including consumer redress.

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