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COVID-19 Legal Resource Guide
July 08, 2020

FTC Takes Action Against Marketer Over False Next Day Shipping Claims for PPE

The FTC charged online retailer SuperGoodDeals.com, Inc. and its owner, Kevin J. Lipsitz, for falsely promising consumers next-day shipping on facemasks and other personal protective equipment (PPE) to deal with the coronavirus pandemic. In addition to alleging that non-PPE products on the defendants’ website were falsely advertised as “authentic” or “certified” in violation of the FTC Act, the FTC claimed that the defendants sought to take advantage of the increased demand for PPE in the marketplace by advertising on their website that PPE was “in Stock,” and promised: “Pay Today, Ships Tomorrow.” However, the FTC alleged that it frequently would take several weeks for consumers to receive the PPE merchandise that they ordered. The FTC claimed that the defendants’ deceptive advertising and tactics violated the FTC Act, as well as the FTC’s Mail Order Rule because they failed to notify customers of the delay in shipping the advertised products, seek consent to delay shipments, and refund the consumers’ money. According to the FTC, online shopping issues, such as those faced by consumers using SuperGoodDeals.com, have been the largest source of COVID-19-related complaints the FTC has received during the pandemic.

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