Litigation

Cash Now Question Should Go To Federal Trade Commission

By John Darer

The focal point of the cash now advertising fraud is the where the cash NOW emphasis is placed. Is the cash NOW emphasis placed on what the consumer needs versus the advertiser's promise and ability to deliver what they advertise?

I don't think there's any question that a consumer could be in a situation where they need cash NOW. When the consumer needs cash NOW, or perceives that he or she needs cash NOW don't they need it at once, today or yesterday? Otherwise why wouldn't they think I need cash tomorrow or I need cash in 90 days?  Cash NOW implies immediately or "at once" as is in the dictionary definition.

Looking at some examples of the use of NOW...

When your mother said to spit the gum out NOW, did she mean in 60 days?  When your mother said stop hitting your sibling NOW, did she mean you could continue whaling on him for a few more minutes? When the teacher said to hand in your test NOW, did she mean you could take it home and  let the dog eat it?  When on the way home from the party at 1am you get pulled over and  the policeman barks "step out of the car NOW and put your hands on the hood" (after you've been speeding at 80mph and weaving all over the road) does that mean when let's wait until the sun rises?

The cash now pusher's defense of the practice tends to be a weak  "depends on on what you mean by cash now". Most concede that even though they say "cash now" they cannot deliver "cash now" as the advertising would lead any person reading or watching the advertising to expect.  After they get 'em in the door with the false cash NOW claim some say they make the disclosure that it isn't actually delivered NOW. Where's the "fine print" in the advertisement?

If cash now pushers cannot do the right thing up front then there needs to be an "intervention". Shouldn't Cash NOW pushers  be put through their own form of rehab by enforcement action from the Federal Trade Commission.

It is high time for this issue to be escalated to the Federal Trade Commission so the FTC can determine if the advertising is misleading. We're talking about the majority of an industry that practices this abuse. I for one would like a front row seat to see what the FTC thinks about Peachtree Settlement Funding's outrageous claim that they can give you "ALL your money now"(in exchange for your structured settlement payment rights).

Full post as published by Structured Settlements 4Real on February 26, 2009 (boomark / email).