FTC Won't Crack A Smile For Tooth-Whitening Cabal

Army of defendants accused of enrolling consumers in bogus trial offer plan

Negative Option

A recent Federal Trade Commission (FTC) lawsuit filed in the District of Nevada targets a baffling array of defendants: more than 50 limited liability corporations scattered across Nevada, Colorado, Indiana, Wyoming and Arizona.

The common denominator? It is the founder and CEO of several of these companies, Blair McNea, who, along with two other executives, is accused by the FTC of using this massive array of companies to engage in shady activity.

The McNea-directed companies created websites that charged visitors small fees for supposed one-time trial offers of a tooth-whitening product, but which wound up enrolling consumers in a negative option scheme whereby consumers would be charged monthly fees thereafter unless they canceled. While the sample prices could be as low as $1.03, the monthly fees could reach $100 until the consumer affirmatively canceled the plan.