{"id":3050,"date":"2017-01-10T18:30:44","date_gmt":"2017-01-10T18:30:44","guid":{"rendered":"http:\/\/www.ftcguardian.com\/articles\/?p=3050"},"modified":"2018-03-18T23:03:11","modified_gmt":"2018-03-18T23:03:11","slug":"youre-at-risk-of-getting-your-bank-accounts-frozen","status":"publish","type":"post","link":"https:\/\/www.ftcguardian.com\/articles\/youre-at-risk-of-getting-your-bank-accounts-frozen\/","title":{"rendered":"FTC Freezes Cash: Now You&#8217;re At Risk!"},"content":{"rendered":"<h1>FTC Freezes Cash: Now You're At Risk!<\/h1>\n<p>By Chip Cooper, Esq.<\/p>\n<p>That\u2019s right. Think about it for a minute.<\/p>\n<p>You\u2019re at your desk at the beginning of your work day.\u00a0 Drinking your first cup of coffee.<\/p>\n<p>You\u2019re working on your business.<\/p>\n<p>There\u2019s a knock on the door.\u00a0 It\u2019s the local process server with a pile of paper from the FTC naming you as a defendant for a deceptive marketing practice.<\/p>\n<p>In less than five minutes, you\u2019re now a \u201cDefendant\u201d. It\u2019s hard to actually say the word.\u00a0 And the United States Government, with all its resources to wage war against you, is suing you.<\/p>\n<p>This isn\u2019t a warning.\u00a0 It\u2019s the real thing!\u00a0 Something you\u2019ve hardly even considered before.<\/p>\n<p>You can\u2019t believe it.\u00a0 Why me?<\/p>\n<p>After all, you\u2019re ethical.\u00a0 And you know other businesses who have done the same thing, or maybe much more than you.<\/p>\n<p>What to do?\u00a0 How do I find an attorney to represent me? Can I afford the massive legal fees?\u00a0 Not to mention the massive disruption to your life.\u00a0 And time away from your business!<\/p>\n<p>The phone rings.\u00a0 It\u2019s your banker.\u00a0 \u201cSorry, I\u2019ve had to freeze your bank accounts by an order from the FTC.<\/p>\n<p>Now, the initial shock gives way to the reality of this development.<\/p>\n<p>How do I pay the bills?\u00a0 The mortgage?\u00a0 I can\u2019t even go the to instant banker and withdraw cash!<\/p>\n<p>And, how do I break the news to my spouse?<\/p>\n<p>This story isn\u2019t as far-fetched as you may think.\u00a0 It\u2019s real.\u00a0 It can happen to you.<\/p>\n<p>And the longer you continue to grow your business, the greater the likelihood that it WILL happen to you.\u00a0 That is, unless you decide to learn \u2013 and follow \u2013 some of the basic steps to protect yourself.<\/p>\n<p><a class=\"popup_SDLM\" data-toggle=\"modal\" data-target=\"#popup_SDLM_modal\" href=\"#\"><img decoding=\"async\" src=\"\/images\/button_banner-SDLM.png\" alt=\"\" \/><\/a><\/p>\n<p>The Federal Trade Commission (FTC) enforces the Rules and Regulations that govern unfair and deceptive marketing practices in the USA.\u00a0 If you don't know them, if you don't adhere to them, you do so at your own risk.<\/p>\n<p>Plus, there are laws that are not new, but they\u2019re not well known by most businesses.\u00a0 And yes, they apply to ALL business.<\/p>\n<p>The scary thing is\u2026 these little known laws can have devastating effects if you don\u2019t know how they apply to your business.\u00a0 And know how to avoid their devastating consequences.<\/p>\n<p>It\u2019s about legal compliance.\u00a0\u00a0 These are now the critical questions you must ask yourself:<\/p>\n<ul>\n<li>Is my website legal, and<\/li>\n<li>Are my marketing practices legal?<\/li>\n<\/ul>\n<h3><strong>You And Everyone Online Is Now on the FTC\u2019s Radar 24&#215;7!<\/strong><\/h3>\n<p>It does not matter if you are an online business or brick and mortar &#8211; IF YOU DO ANYTHING ONLINE &#8211; EVEN SOMETHING SIMPLE LIKE A WEBSITE FOR CONSUMERS TO FIND YOU &#8211; your business is fair game.<\/p>\n<p>Deceptive practices can take many forms, such as:<\/p>\n<ul>\n<li>unsubstantiated claims,<\/li>\n<li>false promises,<\/li>\n<li>incomplete descriptions,<\/li>\n<li>false testimonials or comparisons,<\/li>\n<li>small-print qualifications of advertisements, and<\/li>\n<li>partial disclosure, or visual distortion of products<\/li>\n<li>incomplete or &#8216;borrowed' privacy policy and\/or Terms of Service<\/li>\n<\/ul>\n<p><a href=\"http:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener noreferrer\"><img decoding=\"async\" src=\"https:\/\/s3.amazonaws.com\/ftcguardian\/images\/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif\" \/><\/a><\/p>\n<p>Sometimes, deceptive practices are no-brainers, meaning they are clearly deceptive, and there\u2019s no excuse or defense for these practices.<\/p>\n<p>In other cases, however, the distinction may not as clear.<\/p>\n<p>And in some, there may even be legal agreements that disclose material terms of offers, but the terms and conditions are not presented properly according to the FTC.<\/p>\n<h3><strong>What Does The FTC Consider as \u201cDeceptive\u201d or \u201cUnfair\u201d?<\/strong><\/h3>\n<p>In order to understand what the FTC believes is a \u201cdeceptive\u201d or \u201cunfair\u201d act or practice, the best place to begin is with ad claims and business practices, because they are the key things the FTC focuses on.<\/p>\n<p>So, what makes a business practice or ad claim \u201cdeceptive\u201d or \u201cunfair\u201d according to the FTC?<\/p>\n<p>The FTC says that a claim is \u201cdeceptive\u201d if it:<\/p>\n<ul>\n<li>is likely to mislead consumers acting reasonably under the circumstances; and<\/li>\n<li>is &#8220;material&#8221; &#8211; that is, important to a consumer's decision to buy or use the product or service.<\/li>\n<li>The FTC says that a claim or business practice is \u201cunfair\u201d if it:<\/li>\n<li>causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and<\/li>\n<li>is not outweighed by the benefit to consumers.<\/li>\n<\/ul>\n<p>These are the general principles followed by the FTC.<\/p>\n<p>They\u2019re important only as beginning points.<\/p>\n<p>What you really need to understand is how these principles are applied to the specific marketing practices you undertake every day.<\/p>\n<h3><strong>How does the FTC determine if you\u2019re engaged in \u201cdeceptive\u201d or \u201cunfair\u201d practices?<\/strong><\/h3>\n<ul>\n<li>The FTC\u2019s review focuses on what a reasonable consumer would think. Everything is considered \u2013 words, phrases, images, videos, slogans \u2013 to\u00a0 determine how a consumer would view what it conveys.<\/li>\n<li>The FTC would consider what is stated and not stated.\u00a0 For example, what you actually say or do, and what is implied by what you say or do.\u00a0 You\u2019re required to have substantiation (or proof) that you can back up your claims.<\/li>\n<li>Then the FTC considers if what you say and do would be material, or important, to a typical consumer regarding whether to act on your call to action.<\/li>\n<\/ul>\n<p>Engaging in \u201cdeceptive\u201d claims or \u201cunfair\u201d practices can have massive consequences on your online business, your profits, and your family \u2013 and they\u2019re all bad!<\/p>\n<p>The FTC\u2019s remedies include:<\/p>\n<ul>\n<li>Cease and Desist Orders \u2013 legally binding orders to stop the deceptive ad or practice.<\/li>\n<li>Corrective Ads \u2013 requirements to conduct new, corrective ad campaigns to correct the deceptive ad or unfair practice.<\/li>\n<li>Civil Penalties (Fines) \u2013 these can range from thousands to millions of dollars, and could wipe out your online business in a single day.<\/li>\n<li>Freezing Your Bank Accounts!<\/li>\n<\/ul>\n<p>The FTC\u2019s authority is very broad.\u00a0 The FTC can even freeze your bank and PayPal accounts!\u00a0 To most marketers, this is the scariest FTC remedy of all.<\/p>\n<p>Don\u2019t be fooled into thinking that you\u2019re too small to be a target by the FTC.\u00a0 The FTC Complaint Form is available for anyone to file a complaint at any time.<\/p>\n<p>And you should understand that even beginners (and maybe you) are potential targets; it only takes a single disgruntled customer clicking on that FTC form to transform your life.<\/p>\n<p>But it\u2019s even more important to understand this &#8211; as you become successful, and grow your business, you\u2019ll become even more of an inviting potential target for anyone who might want to file an FTC complaint or take some kind of legal action against you.<\/p>\n<p>Another thing\u2026 you may not realize it, but your personal assets are at risk.\u00a0 That\u2019s right, your non-business assets and those of your family.<\/p>\n<p>Personal Asset Protection Won\u2019t Work Against The FTC<\/p>\n<p>Regardless of how many legal entities you set up for purposes of personal asset protection, the FTC can go right through these barriers like a hot knife through butter!<\/p>\n<p>Bottom line, if you\u2019re serious about succeeding with your business, you need to adapt to the new legal landscape on the Web. \u00a0Ignorance of the law is no excuse!<\/p>\n<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?<\/p>\n<p>Smart business owners around the world are doing it with the help of <u>FTC Guardian<\/u>.<\/p>\n<p><span style=\"font-weight: 400;\">FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener noreferrer\">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.<\/a><\/span><\/p>\n<h2>Here\u2019s How To Make Sure You,\u00a0Your Business & Website Is FTC Compliant<\/h2>\n<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?<\/p>\n<p>Smart business owners around the world are doing it with the help of FTC Guardian.<\/p>\n<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected.\u00a0<a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener noreferrer\">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.<\/a><\/p>\n<p>Free Compliance Workshop:\u00a0<a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener\"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.<\/strong><\/a><\/p>\n<p>Here are some of the things you\u2019ll discover on the training:<\/p>\n<ul>\n<li>Real-Life Examples of People Who Didn\u2019t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too<\/li>\n<\/ul>\n<ul>\n<li>The 3 Enormous Powers The FTC Has That Can Change Your Life \u2013 And Your Family\u2019s Life \u2013 Forever!<\/li>\n<\/ul>\n<ul>\n<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms<\/li>\n<\/ul>\n<ul>\n<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You\u2019re In The FTC\u00a0Crosshairs.<\/li>\n<\/ul>\n<ul>\n<li>And Much More\u2026<\/li>\n<\/ul>\n<p><b>Remember: legal protection is a massively important part of your business, and it\u2019s one you cannot afford to ignore any longer.<\/b><\/p>\n<p><a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener noreferrer\">Go here to register for our next FREE training and make your business is FTC compliant today!<\/a><\/p>\n<p><b>Disclaimer: \u00a0This article is provided for informational purposes only. It\u2019s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.<\/b><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Federal Trade Commission (FTC) enforces the Rules and Regulations that govern unfair and deceptive marketing practices in the USA.  If you don&#8217;t know them, if you don&#8217;t adhere to them, you do so at your own risk.  <\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_analytify_skip_tracking":false,"footnotes":""},"categories":[19,12,29],"tags":[54,21,28,36,15,30],"class_list":["post-3050","post","type-post","status-publish","format-standard","hentry","category-deceptive-advertising","category-ftc-compliance","category-truth-in-advertising","tag-compliance-ftc","tag-deceptive-advertising","tag-federal-trade-commission","tag-ftc-claims","tag-ftc-compliance","tag-truth-in-advertising"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/3050","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/comments?post=3050"}],"version-history":[{"count":14,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/3050\/revisions"}],"predecessor-version":[{"id":6297,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/3050\/revisions\/6297"}],"wp:attachment":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/media?parent=3050"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/categories?post=3050"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/tags?post=3050"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}