ERSP Recommends Rush Capital Fund Modify Certain Claims for Real Estate Education Program; Company Agrees to Do So

New York, NY – Jan. 26, 2016 – The Electronic Retailing Self-Regulation Program (ERSP) has recommended that Rush Capital Fund, LLC modify or discontinue certain claims for its Kenny Rushing’s Quick Cash Flip System.

ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus, Inc. The marketer’s advertising came to the attention of ERSP through its ongoing monitoring program

ERSP reviewed broadcast and online advertising claims for the real estate investing program, including:

  • “Get started with or without cash or credit and with no prior experience”
  • “Limited TV offer… only 250 free copies available…totally risk free”
  • “This program taught me lots of strategies that enabled me to close one of my biggest deals yet that netted me $39,510.50.”
  • “America’s #1 Quick Cash Flip Expert”
  • “Discover how to get your FREE HOUSE”
  • “Discover how to put $5,000, $10,000, to $25,000 cash or more in your pocket in the next 30 days”
  • “I made $3,546 on just one deal!”

ERSP was also concerned about the lack of clear and conspicuous disclosure language concerning the typical results consumers can generally expect to achieve.

ERSP determined that the claim that Kenny Rushing is “America’s #1 Quick Cash Flip Expert” could reasonably be understood by consumers as a measurable claim that required substantiation. Following its review of the evidence in the record, ERSP recommended the marketer discontinue the claim.  ERSP found, however, that the claim “There is not a real estate program on the planet better than mine,” could be interpreted as puffery.

ERSP found that statements such as “quick cash,” combined with images of $100 bills did not accurately depict the time and effort required to earn money using Kenny Rushing’s Quick Cash Flip System. ERSP recommended that the advertising be modified to eliminate any messages that consumers can expect quick and easy profits from using the advertised product.

Finally, ERSP recommended that the marketer make significant modifications to the consumer testimonial disclosures that it has used both in broadcast advertising and online.

The company, in its marketer’s statement, said that it “would like to extend [its] appreciation to the entire ERSP staff … ERSP was able to intercede and help provide [us] with the necessary information and guidance.”