Public Report of Non-Compliant Companies

ANA’s self-regulatory guidelines and procedures are meant to help individual companies and the data-driven marketing industry as a whole maintain high ethical standards. Oftentimes, companies are not aware that a particular promotion or practice has the potential for causing consumer confusion or contributing to a negative image of data-driven direct marketing. ANA believes the work of its Ethics Committee and Accountability staff help ensure that high ethical business standards are maintained and consumer confidence in direct marketing is enhanced.

In some instances, companies do not respond to ANA’s concerns and/or fail to come into compliance. These companies are included below.

If you have any questions about these cases, or would like to request that our Accountability staff review a promotional offer, please contact us at ethics@ana.net or to file an ethics complaint here.

Ongoing Cases as Published by the ANA Ethics Committee

Companies publicly listed for being out of compliance with ANA Guidelines and/or referred to federal/state authorities based on findings.

Online Ad Compliance Issues

The Gaming Goat | Las Vegas, NV

Issues: Listed a product as in-stock on its website; failure to deliver or provide a refund -- complainant waited over a year.
Violations: Honesty & Clarity of the Offer; Actual Conditions; Product Availability & Shipment; and Poor Customer Service.

Banyan Hill Publishing | Delray Beach, FL

Issues: Referring consumers to “DMA” for removal of Banyan Hills Publishing online ads; privacy policy is not IBA compliant – not providing enhanced notice and choice regarding IBA and potential issues with CAN-SPAM compliance.
Violations: #1 Data Definition (IBA, Transparency & Choice), #3 Transparency (Point of contact for consumers), #4 Choice (providing means and honoring consumer choice in timely manner), #14 Compliance with laws (potential violation of CAN-SPAM). [December 2019]

Delighted Slim Tea | California

Issues: Potentially deceptive online celebrity advertising.
Violations: Honesty and Clarity of Offer; Accuracy and Consistency; Actual Conditions; and Testimonials and Endorsements; Decency; Photographs and Artwork; Accessibility. [September 2018]

Femme London | London

Issues: Copyright infringement and Fair Credit Billing Act.
Violations: Be an ethical and accountable marketer; Honesty and Clarity of Offer; Accuracy and Consistency; Actual Conditions; and Photographs and Artwork. [March 2022]

JustFashionNow | support@justfashionnow.com

Issues: Consumer charged for item immediately (after viewing online ad of product) – without being told it was on back-order.
Violations: Fulfillment (product availability and shipment) and Accessibility. [September 2020]

Netgear | San Jose, CA

Issues: Inadequate enhanced notice and choice for compliance with Interest-Based Advertising.
Violations: Part I. Data: #1 Data Definition (IBA, Transparency & Choice), #4 Choice (providing means and honoring consumer choice in timely manner) Part II. Marketing: #14 Compliance with Regulations (DAA Principles), Consumer Control – Third Party Choice for Behavioral Advertising. [July 2019]

OilandEnergyInvestor.com (online ad served on Money Map Press company site) | Maryland

Issues: Potentially deceptive online ad seeking investors for a new universal fuel "Oro Blanco" or "OBL."
Violations: Honesty and Clarity of Offer; Accuracy and Consistency; Actual Conditions; and Testimonials and Endorsements. [September 2018]

Direct Mail Compliance Issues

Senior Resources Group | Philadelphia, PA

Issues: Provides no means for opting out of mail; no online privacy policy; and no physical address listed on mailing or website.
Violations: Transparency, Choice & Accessibility [June 2023]

Aegis Home Warranty | Maryland Heights, MO

Issues: Potential deceptive marketing practices – warranty promotional offers which provide a false sense of urgency and not honoring consumers’ requests to be removed from future promotional mailings.
Violations: Honesty & Clarity of the Offer; Accuracy and Consistency; Conditions; Clarity of Representations; Disclosure of Sponsor and Intent; and Accessibility [May 2023]

Lead Pros | Los Angeles, CA

Issues: Potentially deceptive copy giving the appearance it’s coming from the consumer’s mortgage lender and not honoring consumers’ requests to be removed from future promotional mailings.
Violations: Transparency (Point of Contact for Consumers); Honesty & Clarity of the Offer; Accuracy and Consistency; Conditions; Clarity of Representations; Disclosure of Sponsor and Intent; and Accessibility [May 2023]

CDJR | New Orleans, LA

Issues: Disclaimers/conditions not clear on dealership mailing and issues with delivery of prizes offered; offer was allegedly sent after expiration of prize promotion.
Violations: Chances of Winning; Prizes; Disclosure of Rules. [September 2018]

HHS Service Activation | Illinois

Issues: Potential deceptive marketing practices – warranty promotional offers which provide a false sense of urgency (including displayed on pink paper), resemble an invoice, and problems being removed from future promotional mailings.
Violations: Honesty & Clarity of the Offer, Accuracy & Consistency, Disclosure of Sponsor & Intent, Accessibility, Solicitation in the Guise of an Invoice or Governmental Notification. [September 2022]

H.W.C. | Florida

Issues: Potential deceptive marketing practices – complainant was inundated with mail from a company marked as urgent, needs attention, final notice, displayed on pink paper, etc. Mailings began after purchasing a home and mailings look like they are associated with mortgage lender when it’s a third party.
Violations: Honesty and Clarity of the Offer, Accuracy and Consistency, Clarity of Representations, Disclosure of Sponsor and Intent and Accessibility. [March 2022]

JFQ Lending | Scottsdale, NY

Issues: Promotional offer’s copy is potentially deceptive; giving false sense of urgency; appearance of coming from the government – no response from organization.
Violations: #1 Honesty & Clarity, #3, Clarity of Representations, #8 Disclosure of Sponsor & Intent, #10 Solicitation in Guise of Invoice/Government Notification. [December 2019]

Lomi by Pela | Canada

Issues: Claims to offer customers the ability to submit a down payment upon ordering a product and paying the full balance upon delivery. However, charges full price upon ordering because item was “shipped” to an interim location for assembly.
Violations: Honesty & Clarity of the Offer; Accuracy and Consistency, Conditions and Product Availability and Shipment. [June 2022]

Metromile, Inc. | California

Issues: Metro Mile’s privacy policy directs consumers who would like to be removed from company’s promotional mailings to their online complaint form which defaults to opting them into receiving marketing calls.
Violations: Provide and honor consumers’ marketing preferences; Offer point of company contact for data use in marketing communications; Accessibility; Review state laws for compliance. [September 2022]

Safe Step Walk In Tub | Nashville, TN

Issues: Name removal process doesn't follow industry standard practices and refers consumers to ANA for handling.
Violations: Accessibility; Honoring Consumer Choice. [September 2020]

Team One Chrysler Dodge Jeep Ram of Gadsden | Alabama

Issues: Name removal process doesn’t follow industry standards.
Violations: Accessibility; Honoring Consumer Choice. [September 2018]

U.S. Automotive Protection Service (USAPS) | Illinois

Issues: Potential deceptive marketing practices – warranty promotional offers which provide a false sense of urgency, and problems being removed from promotional mailings.
Violations: Honesty & Clarity of the Offer, Accuracy & Consistency, Disclosure of Sponsor & Intent, Accessibility, Solicitation in the Guise of an Invoice or Governmental Notification. [September 2022]

Vacation Consulting Services | Springfield, MO

Issues: Disclaimers/conditions not clear on mailing and issues with delivery of prizes offered.
Violations: Honesty and Clarity of Offer; Accuracy and Consistency; Clarity of Representations; Disclosure of Sponsor and Intent. [September 2018]