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- Pending Government Action:Government Action: BBB reports on known government actions involving business’ marketplace conduct:FTC v Evoke Wellness LLC. Case number 0:25-cv-60073-MD SDFL
As of January 13, 2025
FTC Sues Evoke Wellness and Top Executives for Misleading Consumers Seeking Substance Use Disorder Treatment
Complaint alleges Evoke used Google Ads and telemarketing to masquerade as other clinics; Commission seeks civil penalties and permanent injunctive relief.
The Federal Trade Commission sued Florida-based Evoke Wellness, LLC and Evoke Health Care Management and their officers Jonathan Mosley and James Hull for using a combination of deceptive Google search ads and telemarketing to masquerade as other substance use disorder treatment providers.
According to the complaint, Evoke tricked consumers into contacting Evoke’s call center by using deceptive Google search ads that appeared to be from the specific substance use disorder treatment clinics searched for by consumers. Evoke targeted consumers who were searching on their mobile phones not only by using the specific names of other clinics as keywords but also prominently displayed the names of those other clinics in the Google ads in a format that impersonated the searched-for clinics.
When consumers clicked on or dialed the telephone number in those ads, Evoke funneled them to their own telemarketers. Evoke’s telemarketers continued the deception, typically by falsely claiming that consumers had reached a centralized admissions office or addiction treatment hotline, rather than a call center associated with Evoke. Even when callers indicated clearly that they sought a different, specific treatment clinic, the telemarketers consistently reinforced the callers’ misimpressions created by Evoke’s deceptive ads, for example by falsely claiming to have a relationship with the other clinic.
The complaint further alleges that between 2021 and 2023, Evoke disseminated at least 68,510 misleading Google search ads, resulting in at least 3,500 calls to Evoke’s call center. The Commission alleges this conduct violated both FTC Act and the Opioid Addiction Recovery Fraud Prevention Act of 2018. The lawsuit asks the court to permanently stop the deceptive practices and seeks civil penalties.
The Commission vote authorizing the filing of the complaint against Evoke Wellness, LLC and Evoke Health Care Management, LLC as well as Mosley and Hull was 5-0. The complaint was filed in the U.S. District Court for the District for the Southern District of Florida.
LINK: https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-sues-evoke-wellness-top-executives-misleading-consumers-seeking-substance-use-disorder-treatment?utm_source=govdelivery
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