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Direct Selling Self-Regulatory Council Refers Fifth Avenue Collection Earnings Claims to the Federal Trade Commission for Possible Enforcement Action

McLean, VA – October 5, 2022The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain Fifth Avenue Collection, Inc. earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after the multi-level direct selling company selling jewelry products failed to respond to DSSRC’s inquiry.

At issue in DSSRC’s inquiry are earnings claims disseminated by salesforce members on social media implying that participating in the company’s business opportunity will result in earning significant, career-level income.

The earnings claims in question were brought to the company’s attention by DSSRC as part of its ongoing independent monitoring of the direct selling marketplace. The Fifth Avenue Collection earnings claims in question include, but are not limited to:

 

  • Need extra 💲; Need a first income?; Need a second income?”
  • “Whether you want a little extra mad money 💰 or a full-time income, the opportunities are endless!”
  • “What would you do with an extra $200, $600, or $800/month? Or even more! 💎Ask me how you can earn a great income with Fifth Avenue Collection😊”
  • “This past year I have tripled my income working this business from home…so has my Team…Some gals work a full-time job and do this as a side hustle…What would you do with an extra $500 or more a month?”
  • “My husband and I were 3 months married working full time jobs. We were looking for a tax advantage and to make extra income. Along came Fifth Avenue – Beautiful Jewellery! The jewellery sold itself and in the first year of the business I tripled my full time income. 29 years later still loving what I do and make an average $100.00 an hour.”
  • “What would you do with an extra $500/month?”
  • “How about easing the stress of how to pay the bills, financial freedom, save for a vacation, just less stress?… and you start earning $$$ right away! It’s easy, fun & and instantly profitable!”
  • “Being a Fifth Avenue Collection Jewelry Stylist allows me to have financial freedom whilst having fun and meeting new people all at once. You could have the same opportunities with a small investment of only $55! #financialfreedom”
  • “What would you do with an extra $500 a month!? ‘Everyday is Payday’ at Fifth Avenue Collection! We have an amazing business opportunity for only $75 and your start earning $$$ right away!”
  • “Everyday is payday with Fifth Avenue Collection! What would you do with an extra $500 a month?! Start now for only $75!”
  • “I LOVE the freedom to increase my earnings, there is no ceiling!”
  • “Could you use $500 a month? This is for yourself or know someone trying to make ends meet or someone looking to make extra 💵 send them my way! 💝”
  • “Fifth Avenue Collection jewelry has changed my life so much over the past 13 years. Before Fifth Avenue, I was a shy girl who worked a lonely full-time job. That has totally changed with the help of Fifth Avenue’s mandate of “people helping people”. With a much higher income than before, working only part time hours that I set, I have time to spend with family and friends, especially my grandbabies. #fulltime #partime #youdecide”
  • “Save for a vacation, pay for your children’s activities, cover bills & other expenses, your Plan B !?! the possibilities are endless! If you know someone trying to make ends meet or someone looking to make extra 💵 send them my way! 💝”
  • “an income that covers as many bills as I need”

 

DSSRC expressed its concern that such earnings claims convey the message that participants in the company’s business opportunity can generally expect to earn significant and career-level income.

The company was first sent a Notice of Inquiry from DSSRC in June 2022, to which the company did not respond. After several additional attempts to contact various individuals at the company, the company failed to respond to DSSRC’s inquiry and provide substantiation for the claims.

In accordance with DSSRC’s Policies and Procedures, if a company does not respond to DSSRC or declines to participate, DSSRC will issue a case decision indicating the company was unresponsive or declined to participate in the DSSRC process and refer the matter to the appropriate government agency. Moreover, according to section (V)(B) of the DSSRC Policies and Procedures, if the subject company fails to submit a responsive statement, DSSRC may refer the matter to an appropriate government agency for review and possible law enforcement action. Accordingly, based upon the company’s failure to respond to DSSRC in the self-regulatory process, DSSRC referred this matter to the FTC.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DSSRC decisions, visit the DSSRC Cases and Closures webpage.

 

About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.

 

About the Direct Selling Self-Regulatory Council: The Direct Selling Self-Regulatory Council (DSSRC), a division of BBB National Programs, provides independent, impartial monitoring, dispute resolution, and enforcement of false product claims and income representations made by direct selling companies and their salesforce members across digital platforms. The DSSRC seeks to establish high standards of integrity and business ethics for all direct selling companies in the marketplace.

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