Brown Clamps Down on Companies Luring
Californians into Internet Scheme Promising Riches
Ventura -- Attorney General Edmund G. Brown Jr. and Ventura
District Attorney Gregory D. Totten today clamped down on two
companies -- Imergent, Inc. and Stores On Line - that
"falsely promised" customers that they could earn
full-time income by selling merchandise over the Internet.
"These companies falsely promised customers that they
could get rich by selling merchandise over the Internet,"
Attorney General Brown said. "In reality, many customers
were left in deep debt, paying high up-front costs, and never
earning a dime from their websites. This agreement allows
these customers to get back some of their losses."
These two companies sell website-based "stores," in
packages of three or six websites, at a cost of between $2,700
and $6,000. They market their products at seminars, which they
advertise through postcards and other mailings often sent to
senior citizens with limited Internet experience. They often
offer seminar attendees a meal and a free gift such as an MP3
player.
The companies made statements such as:
"Are you ready to claim YOUR share of eBay's annual $3.2
Billion in revenue? By attending our FREE 90-minute ‘eBay
Entrepreneur Training' Conference you will learn how eBay
PowerSellers run successful Internet businesses and how an
elite few use additional strategies to boost revenues way
beyond the average seller. Learn how nearly half-a-million
people create full-time incomes using eBay!"
At the seminars, the companies make tantalizing claims
regarding the massive profits that can be earned by consumers
who purchase their product. Often, however, these profits are
never realized and the customer is left in serious debt.
One victim used the inheritance left by her father to purchase
six websites, in hopes that they would help supplement her
income after retirement. The victim spent over $10,000 in set
up costs. Of the six websites the victim bought, only one has
been set up, and it continues to cost more than it brings in.
In August of 2006, the California Attorney General's Office
and the Ventura County District Attorney settled a previous
case against Imergent, Inc. and Stores On Line. That
settlement barred the defendants from engaging in conduct that
violated California's laws governing Seller Assisted Marketing
Plans.
The Attorney General's office continued to monitor the
companies' business practices and discovered that they were
violating the 2006 agreement and were continuing to sell
Seller Assisted Marketing Plans without registering with the
state.
A new action was brought in 2007 to enforce the prior
judgment, and to seek penalties, restitution, and an
injunction. Today's agreement resolves the 2007 action.
The companies have agreed to the following terms:
- Pay $147,600 for full restitution to California consumers
who have complained to the Attorney General's Office, the
Ventura County District Attorney, or directly with
StoresOnLine.
- Pay $202,400 for restitution to California consumers who
submit complaints within 90 days.
- Cancel all outstanding financing contracts for consumers who
have complained.
- StoresOnLine will also send a letter to all California
purchasers who have bought since January 1, 2008, offering
them a 15-day period within which to cancel the transaction
and receive a refund.
- Register with the state as a seller of Seller Assisted
Marketing Plans
- Provide a 15-day right to cancel for purchasers over the age
of 65
- Disclose clearly the circumstances under which StoreOnLine
will charge consumers a web site hosting fee, and provide
consumers the opportunity to opt out of hosting websites with
Imergent, Inc. and Stores On Line.
- Provide the Attorney General's Office with recordings of
sales presentations and notify the Attorney General and
Ventura County District Attorney's Office when sales
presentations take place in California, so they can be
monitored.
These types of schemes are promoted on TV infomercials, on the
Internet, by direct mail, at trade shows, at invitation-only
seminars, and through ads that may appear in the classified
sections of newspapers or magazines. The ads promise big
earnings, and promise that no selling or other experience is
necessary.
If you believe you are a victim and have not yet made a
complaint to the Attorney General's Office, you may be
entitled to restitution if you submit a complaint within 90
days.
To submit a complaint with the Attorney General's Office,
please file a complaint online at www.ag.ca.gov/general.php
or call the Public Inquiry Unit at 1-800-952-5225.
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