Information and Alerts

Ad Review

In January of 2017, BBB contacted this business regarding the advertising on the www.freshstartorlando.com website. BBB asked the business to substantiate or alter statements made claiming to be BBB Accredited, along with the statements: "Up to $1500 Cash Advance", and "Everyone that files taxes with us receives a free cruise for 2 people 3 days & 2 nights to Bahamas."

BBB Code of Advertising indicates:
The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any claims or offers made before publication or broadcast and, upon request, present such substantiation promptly to the advertising medium or the Better Business Bureau.

Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.

An advertisement as a whole may be misleading although every sentence separately considered is literally true. Misrepresentation may result not only from direct statements but by omitting or obscuring a material fact.

The Council of Better Business Bureaus, Inc. ("CBBB") is the owner of many famous marks, including Better Business Bureau, the BBB Torch logo and BBB. These marks are federally registered in the U.S. and in other countries for business information and investigative services (U.S. Reg. Nos. 566,415, 969,847, 971,579, and 2,314,197).

Credit
16.1 Whenever a specific credit term is advertised, it must actually be available to all consumers. The federal Truth in Lending Act, as well as applicable state and provincial laws set requirements for clearly and conspicuously disclosing credit terms in the advertisement.
16.2 In the United States, advertisers should carefully review the Truth in Lending Act and Regulation Z, which implements the Act, as well as Regulation M, which covers consumer leasing. They contain important provisions that affect any advertising to aid or promote the extension of consumer credit.
16.4 Closed-end credit in the U.S.
16.4.1 Advertisers are advised to consult Section 226.24 (12 CFR 1026.24) of Regulation Z for details of closed-end credit advertising. Examples of closed-end credit include installment loans and many automobile loans.
16.4.2 If an advertisement of closed-end credit contains any of the following triggering terms, three specific disclosures must also be stated, clearly and conspicuously.
16.4.3 The triggering terms are:
- The amount or percentage of any down payment;
- The number of payments or period of repayment;
- The amount of any payment, expressed either as a percentage or as a dollar amount; or
- The amount of any finance charge.
16.4.4 The three disclosures are:
- The amount or percentage of the down payment;
- The terms of repayment; and
- The "annual percentage rate," using that term spelled out in full or the abbreviation "APR." If the rate may be increased after consummation of the credit transaction, that fact must be disclosed.

Free"
14.1 An advertiser may use the word "free" in advertising whenever the advertiser is offering an unconditional gift. If receipt of the "free" product or service is conditional on a purchase:
14.1.1 The advertiser must clearly and conspicuously disclose this condition with the "free" offer (not simply by placing an asterisk or symbol next to "free" and referring to the condition(s) in a footnote); and
14.1.2 The advertiser must not have increased the normal price of the product or service to be purchased nor reduced its quantity or quality.
14.2 The "free" offer should be temporary; otherwise, consumers may view it as a continuous combination offer, no part of which is free. Thus, where it would otherwise confuse consumers, a product or service must not be advertised with a "free" offer in a trade area for more than six (6) months in any 12 month period. At least thirty (30) days must elapse before another such offer is promoted in the same trade area.
14.3 In a negotiated sale, no "free" offer of a product or service should be made where it would likely mislead consumers, such as where:
14.3.1 The product or service to be purchased usually is sold at a price arrived through bargaining, rather than at a regular fixed price; or
14.3.2 There may be a regular price but other material factors such as quantity, quality or size are arrived at through bargaining.
14.4 Offers of "free" products or services which do not meet the provisions of this section may not be corrected by the substitution of such similar words such as "gift," "given without charge," "bonus," "complimentary" or other words which can convey the impression to the consumer that a product or service is "free."
14.5 Because the consumer continually searches for the best buy and regards the offer of "free" products or services to be a special bargain, all such offers must be made with extreme care so as to avoid any possibility that consumers will be misled or deceived. Representative language frequently used in such offers includes:
- "Free"
- "Buy 1-Get-1 Free"
- "2-for-1 Sale"
- "50% off with Purchase of Two"
- "$1 Sale"
- "1/2 Off"
- "Gift with Purchase"
Literally, of course, the advertiser is not offering anything "free" (for example, an unconditional gift), or 1/2 free or 2 for 1 when making such an offer, since the consumer is required to purchase a product or service in order to receive the "free" or "2 for 1" item.
14.6 Whenever such an offer is made advertisers must make clear at the outset all the terms and conditions of the offer.

To date, the business has not provided further information nor altered the statements in question.
In January of 2017, BBB contacted this business regarding the misuse of the BBB seal. This business has falsely stated BBB accreditation or referenced the BBB name in an unauthorized manner, despite BBB's efforts to get the business to cease using the BBB trademark. This use of the BBB trademark constitutes trademark infringement and is a violation of trademark rights of the Council of Better Business Bureaus, Inc.