Complain about a product or service

Cybersonic Toothbrush Distributor
Pays Penalty

WASHINGTON, April 19, 2002 -- A California-based company that sells a sonic toothbrush kit has agreed to pay a $28,000 civil penalty to settle Federal Trade Commission charges that it failed to ship its product within the promised shipment time and failed to notify consumers of the delayed shipments.

Amden Corporation nationally promoted the Cybersonic Complete Sonic Oral-Care System - a sonic toothbrush kit containing interchangeable brushing, flossing, and tongue cleaning heads - in 30-minute infomercials and on the Internet.

The FTC's complaint names Amden, a Nevada corporation based in San Juan Capistrano, California. According to the complaint, Amden solicited orders for the toothbrush kits by mail, telephone, and on the Internet. Amden represented that consumers could pay for the $120 product in a single payment or in five monthly installments. Amden claimed that merchandise for buyers paying in a lump sum would be shipped in ten days. The company claimed that merchandise for buyers paying in installments would be shipped for delivery in three to four weeks.

The complaint alleges that, when Amden was unable to ship consumers' orders within the promised shipment time, it failed to notify the consumers and request their agreement to delayed shipment. It then allegedly failed to cancel the delayed orders and promptly refund the buyers' money, as required by FTC rules.

In addition to imposing a $28,000 civil penalty, the proposed consent decree would prohibit the defendant from violating the Rule in the future. It would require that Amden provide consumers with timely notifications of delay or prompt and full refunds when it cannot ship in time.

The FTC's Mail or Telephone Order Merchandise Rule covers merchandise ordered by mail, telephone, facsimile, or the Internet. It requires merchants to have a reasonable basis for their shipment representations. If merchants are unable to ship in the promised time (or in 30 days, if no time is promised), they must, within that time, notify buyers and request their agreement to the delay. If they fail to ship or send the delay notification in time, they are required, automatically and without being asked, to cancel the order and make a prompt and full refund.

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