Diet patch seller Phoenix Avatar settled charges from the Federal Trade Commission that it violated CAN-SPAM and the FTC Act. The consequences, however, would lead any spammer to believe that CAN-SPAM violations are a bit of a joke.
Phoenix Avatar generated nearly $100,000 a month from product sales, according to the FTC’s original complaint. But the settlement has resulted in a $230,000 suspended sentence, supposedly the amount equal to what they sold in “diet patches.” I doubt the company was able to rack up the million plus complaints they were purported to have generated, in two and a third months, before someone caught up with them and put an immediate clamp on the matter.
In addition (and this is the whopper), the company HAS BEEN BARRED FROM VIOLATING CAN-SPAM! Whoopee! Barred from violating a federal law. Does that mean that any spammer that hasn’t been caught is free to violate CAN-SPAM? What kind of message does this sentence send?
Not a strong one, if you ask me.
See Diet Patch Sellers Settle Can-Spam Charges, straight from the FTC.