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    Banking and Finance Law Daily Wrap Up, ENFORCEMENT ACTIONS—Florida AG settles negative option scam, (Sep 30, 2013)

    Organizations Mentioned:Best Buyer Discounts, LLC | Bestbrandvalues.com LLC | Discount Book Sale, LLC | Discount Movie Sale LLC | Discountpostersale.com LLC | Hotbooksale.com LLC | Hotmoviesale.com LLC | Nuvaceutical, LLC | RSOP Holdings Delaware LLC. | RSOP Holdings, LLC | Rebategiant.com LLC | Royalalarcade.com, LLC | Smart Savings, LLC | Smartsavingscenter.com LLC | XACTI Global LLC

    By Stephanie K. Mann, J.D.

    Florida Attorney General Pam Bondi’s office hasannounced a settlement with a Florida-based company for violations of the state’s Deceptive and Unfair Trade Practices Act. The company, Smart Savings, LLC., has agreed to a settlement of $ ...

    By Stephanie K. Mann, J.D.

    Florida Attorney General Pam Bondi’s office hasannounced a settlement with a Florida-based company for violations of the state’s Deceptive and Unfair Trade Practices Act. The company, Smart Savings, LLC., has agreed to a settlement of $500,000—$300,000 of that settlement will be used to pay consumers who were allegedly enrolled in a negative option scam, and $200,000 will be donated to the Attorney General Office’s Seniors vs. Crimes programs.

    Background. According to the complaint filed on Sept. 13, 2013, Smart Savings sells merchandise connected to a membership club and charges a monthly fee for discounted movies, posters, and books. Allegedly, Smart Savings did not properly disclose that purchases on their websites would result in an automatic enrollment in the membership club. The complaint further alleged that the company refused to honor consumers’ requests to cancel their membership. Other companies named in the settlement include: Bestbrandvalues.com LLC; Best Buyer Discounts, LLC; Discount Book Sale, LLC; Discount Movie Sale LLC; Discountpostersale.com LLC; Hotbooksale.com LLC; Hotmoviesale.com LLC; Nuvaceutical, LLC; Rebategiant.com LLC; Royalalarcade.com, LLC; RSOP Holdings, LLC; RSOP Holdings Delaware LLC.; Smartsavingscenter.com LLC; and XACTI Global LLC.

    Settlement. Under the terms of the settlement agreement, all entities and websites have agreed to:

    • obtain the proper consent and make appropriate disclosures to consumers regarding automatic subscription renewals;

    • modify the use and representation of the term “free” in association with negative option marketing; and

    • refrain from any deceptive representations of the benefits or content of their products.

    Companies: Bestbrandvalues.com LLC; Best Buyer Discounts, LLC; Discount Book Sale, LLC; Discount Movie Sale LLC; Discountpostersale.com LLC; Hotbooksale.com LLC; Hotmoviesale.com LLC; Nuvaceutical, LLC; Rebategiant.com LLC; Royalalarcade.com, LLC; RSOP Holdings, LLC; RSOP Holdings Delaware LLC.; Smart Savings, LLC; Smartsavingscenter.com LLC; XACTI Global LLC

    LitigationEnforcement: EnforcementActions FloridaNews UDAAP

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