Business ProfileforOptimal Max Keto

8:24-cv-01459-JLB-AAS
On June 17, 2024, the FTC brought against this business and others for violations of federal law. For more information, please check in United States District Court, Middle District of Florida, Tampa Division (case no:  Case 8:24-cv-01459-JLB-AAS)


Acting alone or in concert with others, the businesses have advertised, marketed, distributed, or sold products to consumers throughout the United States, and Sloan Health Products, LLC ("Sloan Health") provides products and fulfillment services consisting of labeling, packaging,
and product returns to online marketers selling purported diet and cosmetic products including the Legion Media Defendants. In 2019, the Better Business Bureau notified Sloan Health that consumers had submitted complaints about incurring unauthorized charges relating to products distributed by Sloan Health.


Since at least 2021, the owner has operated or participated in online unauthorized-billing scams that have taken over $200 million dollars from consumers, using unlawful tactics perpetrated through entities they control, including Legion Media, LLC, KP Commerce, LLC, and Pinnacle Payments, LLC (collectively with Defendants Topiwala and Patel, the "Legion Media Defendants"). 3. The Legion Media Defendants primarily market and sell over the Internet cannabidiol-related products (more commonly known as CBD) and other purported diet and cosmetic products that allegedly promote weight loss, clear skin, and pain relief, among other things. The Legion Media Defendants charge consumers more than the product prices shown online to consumers during the ordering process. The Legion Media Defendants also enroll consumers, without their knowledge or consent, in continuity programs that charge them for additional supplies of products and memberships to access online purported health and wellness resources they never consented to purchase. 4. Since at least December 2022, the Legion Media Defendants have operated as a common enterprise or de facto partnership with Defendants Manindra Garg and Sloan Health Products, LLC (the "Sloan Health Defendants"), with regard to the sale of purported diet and cosmetic products sold through undisclosed continuity programs. The Sloan Health Defendants package, distribute, and handle the returns of these products, and share in the profits of the scam. They also worked together with the Legion Media Defendants to perpetuate the scheme by concealing the Defendants' identities from consumers. In addition, the Legion Media Defendants participate in other unauthorized-billing scams where consumers are subjected to recurring unauthorized charges after they use their credit card to pay a small shipping fee to receive a gift (such as ear buds) after the consumer is told, falsely, that they won the gift from a recognized business (such as Verizon or Ace Hardware). The Legion Media Defendants participate in these business impersonation scams by managing over one hundred merchant accounts, using shell companies and straw owners, that are needed to accept - consumers' credit and debit card payments. This practice of processing credit card transactions through shell entities' merchant accounts is known as "credit card laundering," and it is an unlawful practice used by fraudulent merchants to circumvent credit card associations' monitoring programs and avoid detection by consumers and law enforcement. 



The following are violations under Section 5 of the FTC Act that prohibits "unfair or deceptive acts or practices in or affecting commerce." found by the FTC:
  
COUNT I: Misrepresenting that Consumers Will Receive Free Products (Against all Defendants)


COUNT II: Unfairly Charging Consumers Without Consent (Against all Defendants)


COUNT III: Unfairly Injuring Consumers by Engaging in Credit Card Laundering  (Against the Legion Media Defendants)


COUNT IV: Misrepresenting Affiliation With Businesses (Against the Legion Media Defendants)


COUNT V: Violation of ROSCA - Inadequate Disclosures (Against all Defendants)


COUNT VI: Violation of ROSCA- Nonconsensual Enrollment (Against all Defendants)

COUNT VII: Violation of ROSCA- Failure to Provide Simple Cancellation Mechanism (Against all Defendants)

COUNT VIII: Unauthorized Debiting from Consumers' Accounts (Against all Defendants)


Wherefore, Plaintiff requests that the Court:
A. Enter a permanent injunction to prevent future violations of the
FTC Act, ROSCA, and EFTA;
B. Grant preliminary injunctive and ancillary relief, including
temporary and preliminary injunctions, an order freezing assets, immediate
access to Defendants' business premises, and the appointment of a receiver;
C. Award monetary and other relief within the Court's power to grant; and
D. Award any additional relief as the Court determines to be just
and proper.

The list of Defendants are as follows: 
Legion Media, LLC ("Legion Media"); Pinnacle Payments, LLC ("Pinnacle Payments"); and KP Commerce, LLC, and Sloan Health Products, LLC committed violations of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), Sections 3 and 4 of the Restore Online Shoppers' Confidence Act ("ROSCA"), 15 U.S.C. §§ 8402 and 8403, and Section 907(a) of the Electronic Fund Transfer Act ("EFTA"), 15 U.S.C. § 1693e(a), and Section 1005. l0(b) of Regulation E, 12 C.F.R. § 1005. l0(b). For these violations, the FTC seeks relief, including a temporary, preliminary, and permanent injunction, monetary relief, and other relief, including an asset freeze, the appointment of a receiver, and immediate access to the Defendants' business premises, pursuant to Sections 13(b) and 19 of the FTC Act, 15 U.S.C. §§ 53(b) and 57b, Section 5 of ROSCA, 15 U.S.C. § 8404, and Section 918(c) of EFTA, 15 U.S.C. § 1693o(c)

According to information in BBB files, the business is using fake celebrity endorsements in its advertising, specifically Shark Tank. BBB's Code of Advertising indicates that advertising which uses testimonials or endorsements is misleading if they are not genuine and do not represent the current opinion of the endorser (Section 30, Testimonials and Endorsements).

In March 2022, BBB contacted the business regarding its advertising of free trial periods of its products. Consumers that sign up for the free trial period are enrolled in a monthly subscription for additional products. BBB requested the business substantiate that the claims meet the standards outlined in BBB's Code of Advertising (Section 18, Negative Option Plans, Continuity Plans and Automatic Shipments). The Code maintains that "Any advertisement for a product or service that includes an offer to sell or provide consumers with additional goods or services under a negative option feature must include a clear and conspicuous disclosure of all material terms of the negative option feature." Material terms that should be clear and conspicuous include the existence of the negative option feature, the cost of the additional goods or services, how consumers can cancel and avoid future shipments and charges, and how consumers can return items that they do not want. The Code continues that "advertisers must avoid making disclosures that are vague, unnecessarily long or which contain contradictory language."

Additionally, BBB asked the company to substantiate claims made on its website about the efficacy or results of using the company's products. BBB requested the business substantiate the claims per standards outlined in BBB's Code of Advertising (Section 34, Claimed Results). Claims as to efficacy or results which will be obtained by or realized from a particular product should be based on recent and competent scientific or other objective data. Advertisers should be prepared to substantiate such claims.

As of this date, the business has not responded to BBB's request for substantiation about its advertising.