Information and Alerts

Ad Review

On April 5, 2018 BBB reviewed the advertising of Banyan Hill Publishing at banyanhill.com/ and freedomchecks2018.com

BBB reached out to Banyan Hill on April 5, 2018, requesting substantiation of earnings claims that are being quoted in the company's advertising, as well as information regarding the details of the promotion. BBB requested that the company respond by April 19, 2018

On April 16, 2018 a company representative contacted BBB and requested an extension of time in responding to BBB's request. On April 26, 2018, the company contacted BBB again, requesting another extension of time. BBB reviewed the company's website at that time and noted that a similar promotion continues to be advertised.

On May 1 2016 Banyan Hill Publishing responded to BBB providing some background information on the company. The company informed BBB of the standard disclosure that is provided on their website that states the following:

The standard disclosure found on Banyan Hill's website reads as follows:

LEGAL NOTICE: This work is based on what we've learned as financial journalists. It may contain errors and you should not base investment decisions solely on what you read here. It's your money and your responsibility. Nothing herein should be considered personalized investment advice. Although our employees may answer general customer service questions, they are not licensed to address your particular investment situation. Our track record is based on hypothetical results and may not reflect the same results as actual trades. Likewise, past performance is no guarantee of future returns. Certain investments carry large potential rewards but also large potential risk. Don't trade in these markets with money you can't afford to lose. Banyan Hill Publishing expressly forbids its writers from having a financial interest in their own securities or commodities recommendations to readers. Such recommendations may be traded, however, by other editors, its affiliated entities, employees and agents, but only after waiting 24 hours after an internet broadcast or 72 hours after a publication only circulated through the mail. Also, please note that due to our commercial relationship with EverBank, we may receive compensation if you choose to invest in any of their offerings.

The company shared with BBB that the Freedom Checks advertised on the website refer to checks paid out as distributions from companies that have the Master Limited Partnership ("MLP") designation. The company informed BBB that they would be making changes to their advertising.

On May 16, 2018 BBB followed up with the company after reviewing their advertisements again and did not see any changes made to their websites. BBB informed the company that the statements made on their websites was unsubstantiated and inquired about the changes made to the company's website.

On May 25, 2018 the company responded to BBB that they were in the process of finalizing revisions to the Freedom Checks promotion. The company stated the changes made to the Freedom Checks promotion include the removal stating "See how to collect $24,075 $66,570...and even $160,923 beginning today!" as well as other examples that could have led to customer confusion, Banyan Hill has also revised the promotional language in several places to clarify that the payout that any individual investor stands to receive is dependent on the amount of his or her original investment (e.g., "In fact, depending on how much you invest, you could see Freedom Checks ranging from just a few hundred dollars to hundreds of thousands of dollars," "Now again, the more you invest, the bigger the 'Freedom Cheeks') and that some of the examples used in the promotion reflect returns on larger than average investments (e.g., "Of course, Doug, Lisa and Mike's investments were much larger than the typical investor."). Finally, Banyan Hill has also placed the explanation of the investment itself earlier in the promotion to clarify the type of investment recommendations the promotion is advertising. All material claims made in the promotion have been reviewed and verified, and Banyan Hill has substantiation to back up,each material claim made in the Freedom Checks promotion.

After receiving the company's response above, BBB reached out to the company recognizing some of the changes that the company made to their advertising. BBB also informed the company of the additional changes needed in order to find their company in compliance with BBB's Code of Advertising and outlining how the earning testimonials claims may provide consumers with an expectation that is not typical of what every consumer will experience.

BBB inquired if the company was willing to make additional changes however BBB did not receive a further response from the company.

The Basic principle of BBB's Code of Advertising is that all advertising that may mislead or deceive consumers should be avoided and that misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact. According to BBB's Code of Advertising,

Advertising which uses testimonials or endorsements is likely to mislead or confuse if:

30.1.4 While literally true, it creates deceptive implications.

30.1.11 A consumer's experience represented in an advertisement is not the typical experience of those using the product or service, unless the advertisement clearly and conspicuously discloses what the expected results will be.

BBB's Code of Advertising can be found at https://www.bbb.org/en/us/code-of-advertising/

BBB's report regarding this program will be updated as more information is received and developed by BBB.