The text message is designed to grab your attention and get an instant response.

“Apple is looking for people to test and keep the new iPhone 5!” it says. But only the first 1,000 people who click on the link in the message can take part.

Click on the link and you’ll wind up on a site that asks for your name, email, birthday and cell phone number. Don’t do it! There is no iPhone5. This is just a devious attempt to snag your personal information.

This text message deception is called “smishing” and it’s the cell phone equivalent of email phishing. The name comes from the SMS (short message service) technology that’s used to deliver text messages.

Here’s another one.

For the past few weeks, people across the country have complained about getting a spam text message that said they had won a $1,000 Wal-Mart gift card. Those who click on the link to claim their card end up on a website that asks for personal information.

The website scambook.com has received almost 2,000 complaints about this bogus Wal-Mart text since mid-March. That’s a huge number in such a short time period. The site has a blog post dissecting this scam.

Because of the flood of complaints, the Better Business Bureau issued a scam alert and Wal-Mart posted a warning on its website.

"Smishing is a huge problem,” says Adam Levin, founder of Identity Theft 911. “We’re just at the beginning of this crime wave.” 

He points out that some of these scam texts look like legitimate alerts from your bank or credit card company. That could put you off your guard.

“Don’t respond to the text by providing any information,” Levin warns. “Think of it as purely a notification.”

And don’t trust any link or number provided in the text. Use a number you know you can trust to call the financial institution or credit card company.

Levin says the bad guys – either criminals or unscrupulous businesses – are trying to take advantage of you when you’re distracted.

“When you get text messages you’re usually in the middle of three or four different things. So you don’t think. You instantly respond. And that’s a big mistake,” Levin says.

Malware-based smishing is another threat for anyone with a smartphone. Click on the link in a booby-trapped text message and you could download malicious software onto your phone without knowing it. That software can steal all the data stored on your phone as well as any passwords or account numbers you might punch in.

“Just because it’s a phone doesn’t make it any less of a computer, and it’s just as susceptible to viruses and malware as your PC,” warns Jake Bernstein, an assistant attorney general in the high-tech unit of the Washington state attorney general’s office. “People need to recognize that smartphones aren’t just phones, they’re computers and they can be infected.”

Respond to a smishing text by sending a message that says "remove" or "stop” and the bad guys will know your number is active. They’ll add it to their list and send you more spam messages.

Remember, no legitimate business or government agency would ever ask you to provide personal information over something as insecure as a text.

If you are bothered by spam text message,s contact your carrier to see if you can block the sender.

If you fall victim to a smishing scam, file complaints with the Internet Crime Prevent Center, Federal Trade Commission, Better Business Bureau and your state attorney general’s office.

Related: Smartphone hacking will rise in 2012, experts warn 

Home sales are slowly recovering, but it’s still a buyer’s market. Before you put your house on the market, you need to do a few things to make it more attractive to potential buyers. 

“Most buyers aren’t going to have a lot of extra money, so they’re not looking for a fixer-upper,” says Angie Hicks, founder of Angie’s List. “Take care of the little things to get your house in tip-top shape.” 

Hicks says there are five areas where you should concentrate your efforts. 

Paint the place
“This is a great thing to do and it will really freshen-up the house,” Hicks says. “It will make it seem a lot brighter and potentially bigger, especially if you’re transitioning away from dark colored walls.” When choosing a color, don’t go too wild. Hicks says earth tones are popular choices for both the interior and exterior walls. 

Use landscaping to boost curb appeal
Most of us don’t go in our front door anymore. Potential buyers do. You don’t need to spend thousands of dollars to create a whole new landscaping plan. But make sure the grass and flower beds in the front yard look really nice. Add mulch. Remove weeds. Hicks' advice is to keep it “simple, clean and neat.” She says a well-landscaped yard can add 7 to 14 percent to the value of your home. 

Spruce up the kitchen
If you’re going to make improvements to the house, this is a good place to start. Hicks says you can typically get an 80 percent return on investment for kitchen remodeling. But again, keep it simple. You don’t want spend tens of thousands of dollars on a lavish kitchen makeover. She suggests updating cabinets and countertops. New cabinet fronts are about 30 percent less than replacing the cabinets. 

Bathroom makeover
This is another area that can turn off potential buyers because a bathroom remodel is expensive. Consider making simple improvements that have a good payback. For example, re-glaze an old tub. “That can make the bathtub look like new again without having to replace it,” Hicks says. And it should only cost a couple of hundred dollars. 

Clean or replace carpets
Obviously, you’ll want to clean a dirty carpet. But if it’s badly worn or there are stains that won’t come out, you need to consider replacing it. 

The bottom line
You want your house to be as good as or slightly better than the neighbors’ houses. But don’t go overboard. The most expensive house on the block is often the hardest to sell. In this market, a house that appears to be neglected is even worse. 

Angie has put together a list of tips on how to hire a remodeling contractor: 13 Guidelines to Hire the Best Contractors

More helpful info:

Which Remodeling Projects Pay Off the Most?

Consumer Reports: Bathroom Remodeling Guide

Consumer Reports: Kitchen Remodeling

Consumer Reports: Paint

FTC: Hiring a Contractor 

It’s not easy to buy a car when you’re upside down in your car loan. That is, you owe more on the vehicle you’re driving than it’s worth. It’s called negative equity.

So it’s mighty appealing when a dealer offers to “pay off your trade -- no matter how much you owe.”

Warning: some of these ads are deceptive. The dealer never intends to pay off the negative equity of that trade-in.  Fall for the pitch and you’ll get taken for a ride.

“How can a dealer pay you more for the car than they can sell it for?” asks Jack Gillis, author of The Car Book 2012. “It makes no business sense. That’s why these deals are too good to be true.” 

Last week, five dealers around the country agreed to settle complaints brought by the Federal Trade Commission that they did not “pay off” trade-in vehicles with negative equity as promised in their advertisements. 

“The dealers actually rolled the amount of the negative equity into the loan package for the new vehicle,” says FTC attorney Malini Mithal. “So you were ultimately responsible for paying off your trade, not the dealer.”

The dealers named in the government’s complaints are: 1) Billion Auto of Sioux Falls, South Dakota; 2) Frank Myers AutoMaxx of Winston-Salem, North Carolina; 3) Key Hyundai of Manchester in Vernon, Connecticut; 4) Hyundai of Milford,  Connecticut, and  5) and Ramey Motors of Princeton, West Virginia.

In settling with the government, the dealers do not admit doing anything wrong. But they promise not to make this sort of deceptive representation in the future. 

Protect yourself
You need to be very careful when you trade in a vehicle that has negative equity. Otherwise, you could get burned. 

Know if you are upside down on your car loan
Check Edmunds or Kelley Blue Book for the approximate value of your car and compare that to what you still owe on your loan.  If you owe more than the car is worth, you’re upside down. 

“Now is not the time to try and sell or trade in your car,” Gillis advises. “Keep it until you are 'right side up' and then think about selling or trading in.” 

Understand all the paperwork you will sign at the dealership 
Buying a car with a trade-in is really three different deals. Keep those transactions separate. 

• Know exactly what you’re getting for your trade-in. Gillis says most people can do better by selling it themselves.
• Know exactly what you’re paying for the new car.
• Negotiate the financing. What matters here is the APR or annual percentage rate. 

In many cases, the salesperson will try to wrap all three deals together by asking how much you can afford for a monthly payment. Don’t go down that path. 

“Unless you negotiate each of these three transactions separately, you have no idea what the value of each element is or if you’re actually paying too much,” Gillis warns. 

These cases are the first of their kind brought by the Federal Trade Commission. The FTC’s Malini Mithal says her agency is “very focused” right now on auto financing and leasing issues.  The commission would like to hear from anyone who believes they were the victim of an unfair or deceptive practice by a motor vehicle dealer. You can file a complaint online. 

More Information:

• News Release: FTC Takes Action to Stop Deceptive Car Dealership Ads
• FTC Consumer Alert: Negative Equity and Auto Trade-ins

Editor's note: This story was corrected following publication. The correct fees for Voices for America's Troops and the National Military Family Association.

A credit card that lets you earn cash or points can help cut the cost of your fill-ups. But if you want to get the best payback, you need to shop around and compare offers. Two new reports show the rewards cards offered by the big oil companies are not the way to go. 

“Don’t think you’re saving a lot by having one of those gas company credit cards,” says Odysseas Papadimitriou, CEO of comparison website CardHub.com. “For most people, you’ll literally get almost nothing in return for giving up your flexibility.” 

For example, with the Conoco card you need to buy at least 45 gallons of gas in a month to get the meager savings of 5 cents a gallon. And rewards stop after 110 gallons in any qualifying month. 

The Citgo card limits rewards to the first 90 days after opening a new account. The payback is capped at $50. After the first three months, there is no reward. 

A survey by another comparison site, NerdWallet.com, came to the same conclusion: You’d be better off with a general purpose rewards card. 

Anisha Sekar, vice president of credit and debit products at NerdWallet, analyzed cards from five major brands: BP, Chevron, ExxonMobil, Gulf and Shell. She found that these branded cards offer few rewards and have many gimmicks. 

“There is so much fine print,” Sekar says. “You’ll find limits on how much you can earn a month and limits on how you can redeem what you’ve earned.” 

Card Hub analyzed the major gas reward credit cards and picked these as the worst: 

• Chevron and Texaco Gas Card: This card only saves you 10 cents per gallon, but at current prices that's only 2.7 percent. (You can get 3 to 5 percent on most good rewards cards.) Savings are capped at $300 per year. You stop earning rewards after the first 60 days. 
• Shell Platinum MasterCard: Savings with this card are variable. If you spend less than $500 per month, you get absolutely nothing. Spend $500 to $999.99 in one month and you save 10 cents a gallon off the Shell gasoline you buy the next month. 

Do oil company gas cards make sense for anyone? Card Hub’s Papadimitriou says these cards are for people with damaged or limited credit who want to be able to pull up for a fill-up and not have to pay in cash. For everyone else, he says, a generic rewards credit card that can be used at any station makes more sense. 

What are the best reward gas credit cards right now? 
I contacted four websites that specialize in credit card comparisons -- CardHub.com, LowCards.com, Credit.com and NerdWallet.com -- and asked for their top picks for gas cards. Three cards got the most recommendations.

• Chase Freedom Visa: It pays 5 percent cash back on up to $1,500 of gasoline purchases in the first and third quarters. The rest of the year the gas reward drops to 1 percent. This card offers a $200 cash bonus if you spend $500 in the first three months. No annual fee.
• American Express Blue Cash Everyday Card: You get 2 percent back on gasoline, 3 percent on grocery and department store purchases and 1 percent on everything else. Spend $1,000 in the first three months of receiving the card and you get a $100 cash back bonus. No annual fee.
• Pentagon Federal Credit Union Platinum Rewards Credit Card: With this PenFed Visa card you earn points that you convert to cash (in the form of a Visa prepaid card), merchandise or travel. The points work out to 5 percent for gas, 3 percent for groceries and 1 percent for everything else. And there’s a bonus: You get 5,000 points after your first purchase and 20,000 points if you spend $1,000 in the first three months of having the card. There is no annual fee. You don't need to be in the military or work for the government. Anyone who joins the National Military Family Association ($20 one-time fee) or Voices for America's Troops ($15 one-time fee) can get the card.

A few cautions
Before you apply for any credit card, take the time to read all the terms and conditions. Be sure you know how the cash-back offer works and look for any restrictions. These pitfalls include:

• Spending categories that rotate each quarter. That 5 percent reward on gasoline purchases could be limited to certain times of the year. And you may have to go online to sign up for that higher reward every quarter.
• Spending tiers that must be reached in order to qualify for the maximum cash-back reward.
• Limits on how much you can earn in a quarter or a year.

Rewards credit cards have some of the highest interest rates. So they are only for people who pay off their bill on time each and every month. If you miss even one month, you’ll lose money. 

"The interest charges are going to outweigh whatever you would have earned on the reward,” notes Greg McBride, senior financial analyst at Bankrate.com. “Instead focus on cards that have the lowest possible interest rate.”

You can compare these cards at sites such as: CardHub.com, LowCards.com, Credit.com, NerdWallet.com and Bankrate.com.

It seems I’m not the only one who needs to vent. A number of people who read last week’s story about my consumer gripes (Here’s what bugs me; how about you?) shared what bothers them. 

Most of these gripes had to do with customer service issues. It’s funny; we live in a customer service economy that all-to-often fails to provide good service. 

Are you listening corporate America? We want to be treated with a little respect and courtesy. Do this and we’ll become loyal shoppers. We may even spend more money with you. This isn’t rocket science; it’s common sense. 

Here is a sampling of reader comments: 

Samantha T: Bad attitudes, lack of care, and lack of urgency. Customer service is lost most everywhere. It’s just a numbers game to corporate and it shows in their employees. 

Jeff N: Not hearing those 2 magic words: 'Thank You' 

LaQuasha G: Sales associates that see you walk in the store and don't acknowledge you by saying they will be with you in a few minutes or letting you know they are helping another customer and thanking you for your patience. In the meantime you are standing waiting for help and being ignored! My time is just as valuable! 

Pam S: I am at the store ready to check out, cash in hand and the clerk picks up the phone and proceeds to spend time helping a customer who is not a sure thing. 

Kathy K: The bubblegum chewing salesclerk…who doesn't say boo when I walk up, just scans all my stuff (usually while chatting with the bagger) gives the total and hands you back the receipt. I often will make a point of saying "THANK YOU!" to them and have lost count of the times they'll actually answer "YOU'RE WELCOME." NO...YOU ARE WELCOME! I am supporting you having a job by shopping at this store rather than the 3 other options I have within close driving distance. 

Dian W: Automated answering systems that ask the same questions the live person will ask if you are fortunate enough to get through to one. 

Sandra S: Store managers who get nasty when I ask for a rain check on something the store advertised. Same store that pretty much never has in stock what they advertised. (And no, I am not an extreme couponer - I just wanted to buy one of the products.)

Paula H: Dirty to the touch salt and pepper shakers at a restaurant. 

Jack G: Doctors who overbook, keep you waiting forever, and then try to charge you when you are late. 

Jenae L: Tip cups at self serve frozen yogurt shops. What am I tipping you for? Weighing my cup? It's a little presumptuous to put out a tip cup in the first place, but at least provide me a service if you're going to. 

Susan Z: I was at the grocery store when the cashier sneezed all over me and my groceries on the conveyor belt! I understand you can’t stay home from work every time you have a cold, but a little more consideration for not spreading your virus to customers would be appreciated! 

Thanks to everyone who wrote with their gripes. Feel free to add yours to the growing list on The ConsumerMan Facebook page.

What bothers you? Is it the long lines at the supermarket? How about the gas station with an air pump that doesn’t work? Or maybe it’s dirty restaurant tables. 

Let me share a few of my gripes with you. And after I vent a little, please share your biggest gripes with me on the ConsumerMan Facebook page.

Automated recordings while I’m on hold
It’s never fun waiting on hold for a customer service agent to take your call. But I find the wait nearly unbearable when the recorded voice tells me “your call is important to us” over and over and over again. If I’m so dang important, then why don’t you have enough people to take my call within a reasonable amount of time? Once you’ve told me I’m important, please switch to music. 

Thumbs up: Some companies tell you the anticipated wait time, so you can decide whether to stay on the line or call back later. Comcast gives you the option of having a customer service agent call you back, usually within minutes. You can even schedule a callback at a later time. I used this service last weekend and it was great. Here’s a thumbs up to any other companies who do this sort of thing. 

Business cards
The most important information on a business card is your telephone number and email address. So why is this contact information always in mouse print? That’s bad design. Business cards must be functional and I wish the people who decide these things would realize that. 

Sales people who disappear as you approach
I find this happens most often at the big home improvement stores. Here’s the scenario: you’re walking down an aisle, clearly searching for something, and the sales associate makes it a point not to make eye contact with you. Rather, they take a turn and duck down another aisle. What’s that all about? I need help. You’re there to help. I can’t spend money unless I get help. 

Thumbs up: I like smaller hardware stores because they pride themselves on customer service.  Not only can they tell me what I need, they know where to find it and they can tell me how to use it. Big box stores may have lower prices, but service builds happy and loyal customers. 

Items with no price sticker and no price sign
I still remember the old days, when you could find a price sticker on everything. I realize that it’s cheaper for stores not to do that anymore (where allowed by law). But come on! You don’t put prices on the products and you don’t have a sign nearby.  Am I clairvoyant? 

This happens every spring when I go to buy new plants for the yard. And I always wonder if this is deliberate? Maybe they’re hoping I’ll head to the register without knowing the price and buy the wildly expensive shrub just because I’m already invested in the purchase. Not me, I walk away. 

Pilots who speak softly and mumble
I know you’re paid to fly the plane and not to be an announcer. But when the pilot has something to tell me – especially if it involves a flight delay or bad weather ahead – I’d really like to understand what they’re saying.  Please try to speak slowly and clearly. 

And if the flight crew in the cabin hears that the volume is too low, please do something about it. I know you’re busy, but this is important. In an emergency, hearing the captain could be critical. Thank you for your attention. Bye, bye now. 

I’d like to know your consumer gripes. You can share them with me on my Facebook page.

It’s National Consumer Protection Week, a perfect time to unveil the new-and-improved version of my Ten Commandments. Follow these rules every day and you should have fewer problems with the purchases you make and greatly reduce your chances of falling victim to a scam. 

1. Thou Shalt Do Your Homework  
Your time is precious. You’re in a rush and want to get it done now. But you simply must do your homework before you spend any significant amount of money on a product or service. 

Think of the hassle – in time and money – if that washer or refrigerator is always breaking down.  That’s why it’s so important to research different brands and models. Read online reviews. Talk to friends and neighbors. Price shop to find out what you should expect to pay. 

The more you know before you head to the store, the more likely you are to get a good deal on the right product. 

Remember the goal is the best value for your money, not necessarily the lowest price. A smart consumer looks for a good, reliable product that’s reasonably-priced. The cheapest product may not be the best deal in the long-run if it doesn’t perform, or needs costly repairs. 

2. Thou Shalt Not Assume Anything
A simple misunderstanding can lead to major problems. The best way to avoid this is to ask a lot of questions. 

Don’t assume the department store will remove your old mattress when it drops off the new one.  Ask. Don’t assume website search engines put the best deals first. They may get paid to skew the results to sponsors. Find out. Don’t assume the “economy size” is always the best price. Smaller sizes may go on sale for a lower price per pound or ounce. Check to see.

3. Thou Shalt Read the Fine Print
Sign a contract or agree to the terms and conditions on a website and you are bound by it. All too often important information is buried in the fine print.  Read all legal documents before you physically or digitally sign them. This is the only way to know what the company will do for you, what the company is allowed to do to you (i.e. share your personal information) and what’s expected of you.

4. Thou Shalt Get All Promises in Writing
It doesn’t matter what the salesperson promises. It doesn’t count if it isn’t written down. In a dispute, you cannot prove what was said without some sort of written documentation. Don’t do business with anyone who promises to do something but refuses to put it on the receipt or in the contract. 

5. Thou Shalt Keep a Paper Trail 
It’s easy to toss a receipt once you get home from the store. Better to keep it for a while. You may need it if you want to return the item. 

Some stores have strict return policies: no receipt, no return. Others will let you return something without a receipt, but you’ll only get the most recent sale price and/or a store credit. A receipt ensures you get the full amount back in cash. It also proves when you bought something if there’s a dispute about whether it’s still under warranty. 

6. Thou Shalt Review All Your Account Relationships
Constant change is the new normal. Banks revise their fee structures. Wireless and cable companies modify their packages and pricing tiers. You change how you use these services. Try to look at these business relationships once a year. There may be a better deal possible if you ask for it. Many companies won’t volunteer this information. You need to be proactive. It could save you some serious money. 

7. Thou Shalt Never Wire Money to a Stranger 
 Wire transfers are instant, irreversible and nearly impossible to trace. That’s why so many scammers try to get their victims to wire them money. If you don’t know the person or company requesting the wire transfer – don’t do it.

Some con artists mail out professional-looking checks for thousands of dollars. The letter says you’ve won a sweepstakes or lottery. All you have to do is cash the check and wire back some money to pay for taxes or processing or some other bogus reason. 

Reality check: you didn’t win anything. That prize check is counterfeit and if you wire off that money, you’ll never see it again. 

(Read: Money Transfers Can Be Risky Business) 

8. Thou Shalt Be Skeptical of All Advertising and Marketing Claims

False and deceptive ads can appear anywhere: on trusted websites, in well-known publications, on TV or radio. Don’t assume the publishing or broadcasting company verified the advertising claims. They rarely do. Prosecutors do their best to stop misleading ads, but they can’t keep up with problem. So you’re on your own. 

How do you fight back? Follow Commandment No. 1 and do your homework before you part with your hard-earned money. 

9. Thou Shalt Guard All of Your Private Information
Keep your private information private. Never give out passwords, pin codes or account numbers to an unknown caller – no matter how official they sound or what the caller ID shows. (Caller ID  numbers can be “spoofed” so they look like it’s the bank or police calling, when in reality it’s a bad guy in another state or country.) Hang up. 

The same rule goes for email requesting personal information. It may look official. It may say there’s a problem with your account and you need to respond right away. Don’t. Hit Delete, because this is just a phishing scam. 

Banks and other companies you do business with never call or send an email to ask for your personal information. They already have it. If you get such a call or email and want to see if there really is a problem with your account, call the company at a number you know is legit. For instance, from your statement, phone book or the back of a credit card. 

Shred all documents that contain personal information. Many identity thieves still use the old-fashioned way of stealing your Social Security and financial account information – they look in the trash.  

(Read: Fighting Back Against Identity Theft)

10. Thou Shalt Not Assume Every Transaction Can Be Undone
Many people think they have three days to change their mind after they buy something. That’s rarely the case. The Federal Trade Commission’s Cooling-Off Rule only applies to sales of $25 or more that take place at your home or away from the company’s normal place of business. In other words, you cannot buy a car and try to take it back to the dealer if you don’t like it when you get home.

Some states also have cooling-off rules for time share purchases and health club or campground memberships. But for most things, merchants are not required to accept returns for products that are not defective. This is a customer service they may or may not offer.

ConsumerMan Note: This column marks my sixth anniversary with msnbc.com. Thanks to everyone who has written with story ideas and words of encouragement.

I hope you’ll follow me on Facebook. This is great way to get the information you need to make smart decisions in an increasingly complicated marketplace.

Shop the Grocery & Gourmet Food section of Amazon.com and you’ll see amazing discounts. Some items are being sold at 90 percent or more off the list prices. Sounds a bit much, but that’s the power of Amazon. Or is it?

Check the list prices on some of these items, as consumer advocate Edgar Dworsky did recently, and you’ll find that some of these prices are way out of line.

Dworsky found Amazon selling 24 boxes of Kraft Macaroni and Cheese Cars Shapes for $32.99. That was advertised as a 96 percent savings from the list price of $791.76. Dworsky went to his local grocery store in Massachusetts and found 24 boxes would cost him only $38.

A 20-ounce squeeze bottle of Heinz Ketchup was $2.69, but the list price was shown as $47.49. A box of Barilla thin spaghetti was $1.85. The supposed list price was $55.10.

“It’s just crazy,” Dworsky says. “These list prices were literally plucked from thin air and then multiplied by a hundred.”

These are not isolated examples. Dworsky says he found hundreds of products that had “grossly exaggerated regular prices.” (Dworsky lists some of these “questionable discounts” in the Mouse Print section of his website, ConsumerWorld.org.)

I went on Amazon this weekend and had no trouble finding the same “crazy” list prices.  I then went price shopping at my local supermarket to get the ballpark idea of the real selling price.

Splenda with Fiber

• Amazon’s price: $4.39
• Amazon’s list price: $553  
• Supermarket price: $5.49

Quaker Oats Old Fashioned Oats (pack of six 18-ounce packages)

• Amazon’s price: $20.58
• Amazon’s list price: $211.74
• Supermarket price: $19.74

 Rice A Roni Beef (6.8-ounce box)

• Amazon’s price: $1.48 
• Amazon’s list price: $141.75 
• Supermarket price: $1.25 (on sale)

“Obviously no consumer would believe such ridiculous list prices," Dworsky says. "But why would you have these comparisons on the website in the first place if they’re not truthful?”

Good question -- one I put to Amazon. In a short email, someone in the public relations department wrote:

“We are working to rectify this situation to ensure accurate savings are listed on all product pages.”

I’d like to know more. Why is this happening? Why has this been going on for so long? Dworsky reported on the same problem about a year ago.  I sent a follow-up email and am waiting for a response.  

My two cents
I don’t know what’s going on here, but it’s not right. In many cases, the grocery items listed on the site are not sold directly by Amazon. So it might be that Amazon is not policing the prices that other companies post on its site. If that’s the case, then Amazon needs to do a better job of monitoring this.

Whatever the reason, consumer protection laws say “suggested retail” or “list prices” must be realistic and not some made-up figure. Otherwise, the savings are unsubstantiated and the advertising is considered to be deceptive.

If this is happening on Amazon.com with groceries, it makes me wonder about the ‘list prices’ on other items being sold on the site.

My advice: Forget about savings claims from supposed “list prices.” Always compare the price of an item at one store (or website) with the actual selling price of other retailers. 

 A Canadian con artist who made hundreds of millions of dollars selling worthless products on the Internet will need to look for a new line of work.

Jesse Willms of Alberta, Canada agreed today to settle a variety of false and deceptive marketing charges brought by the Federal Trade Commission. 

The FTC alleges Willms and his business partners used “Free Trial Offers” to get people’s credit or debit card numbers in order to bill them for products and services they did not want and did not agree to purchase.

Willms sold dozens of products via the “free trial offer” come-on, including: 

•  AcaiBurn weight loss products
• PureCleanse colon cleaners
• DazzelWhite and DazzleSmile teeth whiteners 

He also marketed work-at-home-schemes, free credit reports, access to government grants, online consumer research services and penny auction sites (SwipeBids.com and SwipeAuctions.com). 

In its complaint, the government says these “illegal practices” raked in more than $359 million dollars since 2007 from nearly four million consumers in the U.S., Canada, United Kingdom, Australia and New Zealand. 

In settling with the FTC, Willms and his 11 companies are permanently barred from using negative-option marketing, a practice where the seller considers the lack of a response from the customer as permission to charge them. 

They are also prohibited from debiting people’s bank accounts without getting their express authorization, making misleading or unsubstantiated health claims and using false or deceptive endorsements or testimonials. 

In settling with the FTC, Jesse Willms and his 11 companies are permanently barred from using negative-option marketing, a practice where the seller considers the lack of a response from the customer as permission to charge them.

A judgment of $359 million will be suspended if Willms surrenders the money in his bank accounts, along with the proceeds from the sale of his house, personal property (including a Cadillac Escalade, fur coat and artwork) and corporate assets. 

The pitch for everything was basically the same: the product or service was available for “free” or on a “risk-free” trial basis as long as you paid a small fee for shipping and handling. 

“Get Your Risk-Free Bottle Today,” the bold print would say. “We’ll let you try it, before you buy it!” Buried in the fine print in the terms and conditions was the fact that you were going to be charged almost immediately. 

“If you didn’t return the free sample within a very short period of time, normally 14 days from the date of purchase, you were not only charged each month going forward, but you were charged for the sample you got that was supposed to be free,” explains Robert Schroeder, director of the FTC’s Seattle regional office which handled this case. 

Ruth Witteried of Vancouver, Wash., is one Willms’ many victims. She saw an online ad for a “free trial” of a weight loss product called PureCleansePro. Because the ad was on a reputable website, she figured it must be legit. So she agreed to subscribe to a newsletter and pay for the shipping. 

When her next credit card bill came, Witteried found charges for more than $166, including $59.95 for the PureCleansePro, membership to an acai berry support site and a web access fee. There were more unauthorized charges on her next statement.

“There wasn’t anything free about it,” she says. 

The ad promised a money-back guarantee. But when Witteried called customer service, she couldn’t get the charges reversed. 

“They were not nice. They were not helpful,” she remembers. “They said they were not allowed to give refunds.” 

Other dishonest sales tactics
The FTC complaint says Willms and his companies made “false and unsubstantiated” product claims and used “false celebrity endorsements.” 

Ads for the company’s weight loss products promised rapid and substantial weight loss.  Colon cleaning supplements were touted as a way to help prevent colon cancer. In its complaint, the FTC says these claims were “false, misleading, or were not substantiated.”

For some health-related products, Willms put bogus endorsements by Oprah Winfrey and Rachel Ray on his website. But neither of these celebrities endorsed any of his products. In fact, Oprah sued Willms for unauthorized use of her name and likeness. 

The bottom line
I warned before about “free trial” or “risk free” offers.  They’re designed to make you think you’re getting something for nothing. But if you’re required to hand over your credit or debit card number, for whatever reason, you could be in for a nasty surprise. 

The Willms organization isn’t the only company that’s used this marketing trick to scam people. He was the largest fish caught by the feds so far, but there are others still out there. 

Before you take the bait, ask yourself – is it really worth the potential hassle to get a little sample of an unknown product from a company you’ve never dealt with before? I think you know the answer. 

More Information: 

FTC: “Free Trials” Aren’t Always Free 

Read the news release

That online news story with glowing reviews about an amazing weight-loss product (or other health supplement) may be fake – designed to look like objective reporters have tested the stuff. Don’t be fooled.

Just a few weeks ago, the Federal Trade Commission permanently shut down six companies charged with running fake news sites to market acai berry supplements and other weight loss products. The bogus news sites had names like “Daily Health 6,” “Consumer News Reporter” and “Health News Health Alerts.”

In a previous column I warned that there is no proof acai berry products can help you shed the pounds. Read: Acai berry scam: You'll lose money, not weight)

These fake news sites often use logos of major media outlets, such as ABC, Fox News, CBS, CNN, USA Today and MSNBC, to add instant (and unwarranted) credibility. 

“The scam artists are exploiting people’s trust in well-known news organizations,” says FTC attorney Steven Wernikoff. “There was no reporter; there was no investigation, no dramatic weight loss and no affiliation with a reputable news source. Essentially, everything about the site was false.”

The word “advertorial” is on the page in small print, but it’s real easy to miss. And prosecutors say a disclaimer like that does not make it OK to run an ad that is otherwise misleading and deceptive.

So who are the reporters on the site? Investigators say some are stock photos; others are simply copied from reputable sites. For instance, the attractive reporter in many of the ads is Melissa Theuriau, a reporter for the French television network M6 who had nothing to do with the fictional news story in the online ads. 

How do they get you to their fictional news sites? The marketers and their affiliates buy display ads all over the Internet on trusted, high-volume websites. 

“In our investigation, we found that there were billions of these ads that were posted on these sites, so consumers saw these ads pretty regularly,” Wernikoff tells me. “The individuals we sued paid over $10 million dollars just to post these ads.” 

Unfortunately, deception can be lucrative. 

The bottom line
Be skeptical of anything trying to sell you a product – especially if it’s disguised as a news story. Legitimate news organizations do not endorse products. And they don’t put links to “free trial offers” in their news stories, as these fake news stories did. 

Don’t let down your guard just because you click on a link on a trusted website. No one can check out all the ads flying around the Internet.  It’s up to you to protect yourself. 

More Info:
News Release: FTC Permanently Stops Six Operators from Using Fake News Sites that Allegedly Deceived Consumers about Acai Berry Weight-Loss Products 

Consumer Alert: Fake News Sites Promote Bogus Weight Loss Benefits of Acai Berry Supplements