Business ProfileforDestiny Media LLC

On May 15, 2024, BBB contacted this business about the advertising claims on their  website. Specifically, BBB requested documentation that the testimonials used on the website are genuine and reflect the endorser’s current opinion of the business. The testimonials also implied that all consumers would have the same earning and as claimed by the business owner. BBB also noticed the business offers different plans to consumers at various price points. BBB was seeking information from the business to clearly understand the business model.

As the business did not respond to BBB’s letters, BBB does not have a clear understanding of the business’s products or services. BBB is unclear if the primary focus of the business is selling plans with monthly or annual fees, or if it is teaching others how to write professionally. BBB also noted the website collects personal information but does not include a privacy policy. 

The BBB Code of Advertising states: 1. Basic Principles of the Code
1.1 The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB.
1.2 Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.
1.3 An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true.
1.4 Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact.

27. Superiority Claims-Comparatives-Disparagement
27.1 Advertisers must not deceptively or falsely disparage a competitor or competing products or services in their advertising. Truthful comparisons using factual information may help consumers make informed buying decisions, provided:
27.1.1 All representations are consistent with the general rules and prohibitions against false and deceptive advertising;
27.1.2 All comparisons that claim or imply, unqualifiedly, superiority to competitive products or services are not based on a selected or limited list of characteristics in which the advertiser excels while ignoring those in which the competitor excels;
27.1.3 The advertisement clearly and conspicuously discloses any material or significant limitations of the comparison; and
27.1.4 The advertiser can substantiate all claims made.

28. Objective Superlative Claims
Superlative statements in advertisements about the tangible qualities and performance values of a product or service are objective claims for which the advertiser must possess substantiation as they can be based upon accepted standards or tests. As statements of fact, such claims, like “#1 in new car sales in the city,” can be proved or disproved.

30. Testimonials and Endorsements
30.1 In general, advertising which uses testimonials or endorsements is likely to mislead or confuse if:
30.1.1 It is not genuine and does not actually represent the current opinion of the endorser;
30.1.2 The actual wording of the testimonial or endorsement has been altered in such a way as to change its overall meaning and impact;
30.1.3 It contains representations or statements which would be misleading if made directly by the advertiser;
30.1.4 While literally true, it creates deceptive implications;
30.1.5 The endorser has not been a bona fide user of the endorsed product or service at the time when the endorsement was given, where the advertiser represents that the endorser uses the product or service;
30.1.6 It is not clearly stated that the endorser, associated with some well-known and highly-regarded institution, is speaking only in a personal capacity, and not on behalf of such an institution, if such be the fact;
30.1.7 The advertising makes broad claims as to the endorsements or approval by indefinitely large or vague groups, for example, “the homeowners of America,” “the doctors of America;”
30.1.8 The endorser has a financial interest in the company whose product or service is endorsed and this is not made known in the advertisement;
30.1.9 An expert endorser does not possess the qualifications that give the endorser the expertise represented in the advertisement;
30.1.10 The advertiser represents, directly or by implication, that the endorser is an “actual consumer” when such is not the case and the advertisement fails to clearly and conspicuously disclose that fact;
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;
30.1.12 Endorsements placed by advertisers in online blogs or on other third-party websites do not clearly and conspicuously disclose the connection to the advertiser and comply with each of the provisions in this Code; and
30.1.13 Advertisers compensate consumers for leaving feedback on third-party online blogs or websites but fail to ensure that consumers disclose such facts on those blogs or websites.
In the U.S., advertisers should consult the Federal Trade Commission Guides on Testimonials and Endorsements for detailed guidance. In Canada, advertisers should review the Competition Bureau’s publication on Untrue, Misleading or Unauthorized Use of Tests and Testimonials for specific guidance.

34. Claimed Results
Claims relating to performance, energy savings, safety, efficacy or results for a product or service should be based on recent and competent testing or other objective data. 

39. Native Advertising (Deceptively Formatted Advertisements)
Native Advertisements are created to resemble the design, style, and functionality of the media in which they are disseminated, which could make it difficult to distinguish between advertising and non-commercial content. Native ads may appear on a page next to non-advertising content on news or content aggregator sites, social media platforms, or messaging apps. In other instances, native ads are embedded in entertainment programming, such as professionally produced and user-generated videos on social media. In still other instances native ads appear in email, infographics, images, animations, and video games.
39.1 Advertisers must not mislead consumers as to the nature or source of native ads they place, or cause to be placed, in any medium, including social media. This includes native ads or links to native ads that appear to be news or public interest stories, but are actually materials promoting products or services. The more a native ad is similar in format and topic to the non-commercial content on a site, the more likely it is to mislead a consumer and require a disclosure to prevent deception.
39.1.1 In instances where it is not otherwise apparent that the native ad is a paid commercial message, the advertiser must ensure that such material promoting its products and services is clearly and conspicuously3 labeled as a “paid ad,” “paid advertisement,” “sponsored advertising content” or other similar words that state expressly that the material is an advertisement. 
39.1.2 In other circumstances, where an advertiser sponsors content that does not promote its own product or service (e.g., a running shoe company sponsors an article on vacation spots for fitness enthusiasts that does not discuss its product), it should consider including a disclosure such as “sponsored by ___” or “brought to you by ___” to avoid confusion.
39.2 Statements in NATIVE ADS about the performance, efficacy, price, desirability or superiority of the advertiser’s product or service will likely be considered content promoting that product or service.
39.3 Advertisers should maintain disclosures when native ads are republished by others in non-paid search results, social media, email, or other media.