United States of America: Announced Settlement in public lawsuit against Automators LLC et al. regarding possible violation of consumer protection regulations

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Announced Settlement in public lawsuit against Automators LLC et al. regarding possible violation of consumer protection regulations

On 26 February 2024, the Federal Trade Commission (FTC) announced a settlement regarding the public lawsuit against Roman Cresto, John Cresto, Andrew Chapman, and their companies, including Automators AI, Empire Ecommerce, and Onyx Distribution. The FTC alleged that the defendants operated a scheme promising significant earnings through e-commerce storefronts using artificial intelligence, misleading consumers with unfounded earnings claims. According to the FTC, the majority of the defendants' clients did not achieve the earnings promised to them or recover their significant investments, resulting in substantial financial losses for most clients. The lawsuit details a legal settlement that prohibits the defendants from engaging in certain business activities, including the sale of business opportunities or coaching related to e-commerce platforms. The settlement mandates a monetary penalty of USD 21’765’902.65, which is partially suspended based on the financial disclosures of the defendants. In addition, the settlement requires the surrender of assets for consumer redress, prohibits misleading business practices, and establishes strict compliance and reporting requirements to prevent future violations.

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Scope

Policy Area
Consumer protection
Policy Instrument
Fair marketing and advertising practice requirement
Regulated Economic Activity
ML and AI development, other service provider, technological consumer goods
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-08-08
under deliberation

On 8 August 2023, the Federal Trade Commission (FTC) filed a complaint in the US District Court for…

2023-08-11
under investigation

On 11 August 2023, the U.S. District Court for the Southern District of California delivered an int…

2024-02-26
under investigation

On 26 February 2024, the Federal Trade Commission (FTC) announced a settlement regarding the public…