When the Federal Trade Commission warns consumers about government imposter scams, we are usually referring to fake calls that falsely claim to be from the IRS or some other official office. But as a just-announced case from the Federal Trade Commission shows, this isn’t the only type of false government affiliation that can defraud consumers. The $2.2 million settlement with the U.S. Immigration Center serves as a reminder to other businesses of the dangers of communicating misleading links to government agencies.
When consumers want to renew their green cards or apply for naturalization, where do they go? Of course, they type in terms like “USCIS,” “INS,” or “US Immigration” online to search for appropriate government websites. According to the FTC, this is how they handle results with slogans like “USCIS Forms – Green Card and Citizenship Online Forms.”
One click takes them to a website that looks similar to the official government webpage. First there are the URLs – usimmigration.us, uscitizenship.info, etc. Then came the red, white and blue colors, the Statue of Liberty, passports and a photo of then-President Obama. Additionally, when people look for something like the Green Card Renewal Form I-90, they will see links that include the exact name of the relevant document. According to the FTC, people pay $120 to $300 and enter large amounts of personal information, all to give the impression that they are submitting documents directly to a government agency.
but it is not the truth. Despite the appearance of these pages, consumers were actually on one of the many commercial websites used by the defendants to sell “software wizards” for filling out government immigration forms. The money consumers pay does not go toward government application fees. The money went directly into the defendant’s pocket.
In addition to the $2.2 million judgment, the defendants agreed to clearly disclose that: 1) their website is not affiliated with the government; 2) people must individually submit immigration applications to the appropriate government agency; 3) people must individually pay applicable application fees to the government . The proposed order also prohibits the defendants — principal Cesare Alessandrini and Forms Direct, Inc., doing business as American Immigration Centers — from stating or implying any relationship with the government.
What implications does this have for other companies?
Avoid affiliation confusion. Look at your ads and website from the perspective of your target audience. Will potential customers be given the wrong impression that your company is affiliated with a government agency? Avoid any claims of affiliation with local, state, or federal government offices.
Think about the big picture. The complaint in this case cited the wording the defendants used to communicate the claims to consumers, as well as the appearance of their websites. That’s because, according to the FTC’s Deception Policy Statement, “The Commission will evaluate the entire advertisement, transaction, or transaction to determine the reasonable possible responses of consumers.” This specifically includes the omission of visual images and material information. Smart companies keep in mind the Federal Trade Commission’s long-standing “net impression” standard and exercise caution when drafting copy, choosing graphics, and choosing what to say and what not to say to consumers.
