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Companies should not be able to trap consumers into subscriptions that they do not want.
“As Seen on TV” Products
In September 2020, a class-action lawsuit was filed against Ontel Products Corp. for allegedly misleadingly marketing “as seen on tv” products – including Micro Mechanic, Huggle™ Hoodie, Magic Pad, Piggy Pop, Artic Air™ Ultra, Chill Chest™, Dust Daddy™, Thermapulse™ Relief Wrap, and Miracle Teeth Whitener™ – using a bait-and-switch scheme in which the company offers a product at a low price but tricks consumers into paying for additional products and add-on features. Plaintiffs also claim that the company:
- Uses ambiguous and confusing language to describe the terms of promotional offers to trick consumers into placing orders for more products than they want to buy,
- Fails to clearly state the number of products a consumer is buying during the online sale,
- Fails to disclose the material terms of “online shipping insurance” and charging consumers for the insurance without their consent, and
- Falsely advertises a “60 Day Money Back Guarantee” when, according to plaintiffs, the company fails to disclose that the processing, shipping, and handling charges will not be refunded.
(Martin et al v. Ontel Products Corp., Case No. 20-cv-8158, C.D. Cal.)
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