My research on Negative Option

MY RESEARCH ON ADVANCE CONSENT/NEGATIVE OPTION

Okay. Here is what my research about the "advance consent/negative option” has found.
In order to use the "negative option= Advance consent", which Google Treasure Chest is twisting; trying to make you think you have legally signed up for their membership, they have to follow Federal Trade Commission act law on its use.
Section 5 of the Federal Trade commission Act states it:
(1)Prohibits Unfair and Deceptive Acts or Practices
Standard
(2) Requires Clear and Conspicuous Disclosure of
Material Terms and Conditions-Failure to disclose
material terms-violates Section 5

It's The Law
According to the law, companies must clearly and prominently disclose the "material" terms of their trial offers before you give your consent. Material terms may include:
the fact that by accepting the trial offer, you're actually agreeing to be enrolled in a membership, subscription or service contract or paying for additional products and services if you don't cancel within the trial period;
how much time you have to cancel before you incur charges;
the cost or range of costs of goods or services you'll receive if you don't cancel during the trial period;
how to cancel during the trial period;
whether you'll be charged a non-refundable membership fee if you don't cancel within the trial period;
whether fees will be charged automatically to the credit card you used to buy other goods or services.


Dictionary Definition of "Conspicuous
1. easily seen or noticed; readily visible or observable
2. attracting special attention, as by outstanding qualities or eccentricities
3. visible
4. manifest, noticeable, clear, marked, salient
5. obvious, blatant, blazing, open
6. Easy to notice; obvious.
7. Attracting attention, as by being unusual or remarkable; noticeable
8. Open to the view; obvious to the eye; easy to be seen; plainly visible; manifest; attracting the eye
9. easily recognized; clearly defined; notable; prominent; eminent; distinguished
10. without any attempt at concealment; completely obvious
11. call attention to

Google Treasure Chest did none of the above definitions to make their TERMS AND CONDITIONS conspicuous, prominent and known, but chose instead to conceal, shroud, curtain, veil, camouflage, cover, mask, cloak, keep in ignorance, screen, blot out, withhold, suppress, confuse, shadow, secrete, cache, disguise, sneak, cover up, deceive, and bury their terms and conditions behind an obscure link out of the view of the consumer. That is against the law governing the use of the "negative option=advance consent". These thieves do not have legal permission to take 1 penny of our money by claiming use of the negative option/advance consent clause. They do "not" have a legal contract to do so.

FTC Guidelines goes on to state: Two fundamental principles
Notice And Consent
"NOTICE"
All material terms and conditions of the offer must be
disclosed in a clear and understandable manner

"CONSENT"
The consumer must clearly and affirmatively consent
to the offer after all material terms and conditions
have been disclosed:
All material terms and conditions must be disclosed “before the consumer provides consent/incurs financial obligation.

Now read that Consent phrase again---you must clearly and affirmatively consent to the offer after all disclosure. It don't look to me like all of you said "yes" you understood and "yes" I want to sign up for your membership!!! That also means that Google Treasure Chest should have had a disclosure notice near the
button where you entered your financial information. A notice that you would have had to tick in order to show that you understood the terms and conditions and would "accept the Terms and Conditions of the sale". They are only telling you that you have agreed to something which you in fact have not agreed to since disclosure was withheld (hidden) until after they had started debiting you bank account!!!.

Below follows a summary of the FTC guidelines for the advance consent/negative option
*********************************************************************
ERA Advance Consent Guidelines:
Consent: The When and How:

Consumer must clearly and affirmatively consent to
the offer
FTC Guidelines
Section 5 of the Federal Trade
Commission Act:
Prohibits Unfair and Deceptive Acts or Practices
Standard

Requires Clear and Conspicuous Disclosure of
Material Terms and Conditions-Failure to disclose
material terms-violates Section 5

All material terms and conditions must be disclosed
before the consumer provides consent/incurs
financial obligation

Key point of disclosure is point at which consent is provided/financial
obligation is incurred

Content/Notice: The What
1.Identity of seller-including separate identity for up-sells
2.Cost of goods/services
3.Manner in which consumer will be charged
4.When/how frequently the consumer will be charged
5.Affirmative obligation to cancel- e.g. consumer will be
charged unless canceled
6.Instructions on how to cancel

Notice And Consent
Notice
1.All material terms and conditions of the offer must be
disclosed in a clear and understandable manner
Consent
2.The consumer must clearly and affirmatively consent
to the offer after all material terms and conditions
have been disclosed:

Online Disclosures:
1.Presented prior to the consumer incurring any
financial obligation

Entire order stream must be viewed in its entirety <------ ( I take this to mean information in plain view and not hidden, and all on one page (the transaction page) for you to read before you can make your decision!!!)

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