On November 5, 2024, the FTC announced that it had filed suit against a California-based online cash advance provider for allegedly deceptive and misleading advertisements and representations, in violation of the FTC Act, 15 U.S.C. § 45(a), and the Restore Online Shoppers’ Confidence Act (“ROSCA”), 15 U.S.C. § 8403.z
According to the FTC’s complaint filed in the Central District of California, the company allegedly ran a series of misleading and deceptive advertisements of its personal finance mobile application to consumers. According to the complaint, the company advertised to consumers that they could receive “instant” cash advances of “up to $500” after downloading the application. The complaint further avers that the company made similar representations to consumers during the enrollment process through its application.
The FTC alleges that, contrary to the company’s representations, the company in fact offers cash advances in the amounts advertised to very few consumers, with most consumers receiving cash advances far smaller; that consumers must pay a fee in order to receive a cash advance from the company without waiting two to three business days; that the company automatically charges a monthly subscription fee which consumers must take an affirmative action to stop; and that the company charges consumers an additional fee for cash advances styled as a “tip” for a purported charitable cause, often without consumers’ knowledge or consent. The FTC alleges that the company fails to adequately disclose these alleged facts to consumers either in its advertisements or through its application.
The FTC is seeking a permanent injunction preventing the company from further violating the FTC Act and ROSCA, as well as additional unspecified monetary relief.
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