Compliance Blog

Mar 11, 2010
Categories: Advertising

Never use Always, and Other Absolute Tips of Gold

Posted by Anthony Demangone

I always like news that reinforces compliance officer positions.  We often are referred to as "no" people, or worse, because we slow down processes that might pose problems from a compliance point of view.  This happens sometimes in advertising, especially if the ad copy is a bit aggressive.  This news item shows how aggressive ad copy can get a company into hot water.  The FTC and Life Lock entered into an agreement, whereby Life Lock will pay the FTC and 35 state attorney generals a total of $12 million to settle claims that its advertisements were false.  You might remember Life Lock from one of its advertisements where the CEO would drive around with his SSN on the side of a truck.  They sold protection against identity theft, and their ads made strong claims.   I just love this quote:

“While LifeLock promised consumers complete protection against all types of identity theft, in truth, the protection it actually provided left enough holes that you could drive a truck through it,” said FTC Chairman Jon Leibowitz. â€œThis agreement effectively prevents LifeLock from misrepresenting that its services offer absolute prevention against identity theft because there is unfortunately no foolproof way to avoid ID theft,” Illinois Attorney General Lisa Madigan said. “Consumers can take definitive steps to minimize the chances of having their personal information stolen, and this settlement will help them make more informed decisions about whether to enroll in ID theft protection services.”
I highlighted the term "absolute," because such terms can get organizations into hot water.  Always, never, and other similar terms often can be proven wrong with just one exception.  Stay away from them whenever possible in advertisements and disclosures.  They rarely are true.  For example...all good compliance officers read the NAFCU Compliance Blog each day.  That isn't true.  You know that, and I know that.

(Some read it every other day.)