UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
Re: FOIA Request No. 2002-324
Herbalife International
Dear
This responds to your December 14, 2001, letter requesting information about Herbalife and Newest Way to Wealth. We are responding to your request under the provisions of the Freedom of Information Act (“FOIA”), the law that gives citizens the right to access government records. Pursuant to the FOIA and agency policy, we have searched our records as of December 17, 2001, for the records you requested.
This letter addresses the two parts of your letter separately. First, in response to your complaint, information from your letter will be entered into our consumer complaint reporting system and will be considered in deciding whether any commission enforcement action should be taken. The Federal Trade Commission cannot represent any individual consumers in private matters, however, letters like yours give us valuable information that we frequently use to develop or support Commission cases against people or businesses that violate the law.
In January 15, 2002, telephone conversation with Kathy Kelliher-Sloan, you amended your request to seek copies of consumer complaints in response to your request. Our search located 121 responsive records. I am granting partial access to, and am enclosing copies of, the accessible records. Twenty-three pages, and portions of other pages, are subject to two of the nine exemptions to the FOIA’s mandatory disclosure requirements, as explained below.
I am withholding twenty-three responsive pages which are exempt from disclosure under the FOIA Exemption 3.5 U.S.C. 552(b)(3), because they are exempt from disclosure by another statute. Specifically, Section 21(f) of the FTC Act provides that information obtained by the Commission in a law enforcement investigation, whether through compulsory process, or voluntarily in lieu of such process, is exempt from disclosure under the FOIA. 15.U.S.C. 57b-2(f), See Kathleen McDermott v. FTC, 1981-1 Trade Cas. (CCH) 63964 (D.D.C. April 13, 1981).
Enclosed are ninety-eight pages of responsive complaints that consumers have sent to the Federal Trade Commission (“FTC”). You should know that the enclosed complaints have not necessarily been verified by the FTC, therefore, you should make you own judgement about relying on the information provided. I am denying access to consumers’ names and addresses, and any other identifying information found in the complaints. This information is exempt from release under FOIA Exemption 6, 5 U.S.C. 552(b)(6), because individuals’ right to privacy outweighs the general public’s interest in seeing personal identifying information.
Additionally, I have enclosed several print-outs from our website (www.ftc.gov) that have some information that may be of use to you. There are additional brochures online in the Consumer Line of section of our home page. You may be able to access online information at your local public library.
If you are not satisfied with this response to your request, you may appeal by writing to Freedom of Information Act Appeal, Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington D.C. 20580, within 30 days of your receipt of this letter. Please enclose a copy of your original request and a copy of this response.
If you have any questions about the way we handled your request, or about or FOIA regulations or procedures, please contact Kathy Kelliher-Sloan at (202) 326-3253.
Sincerely,
Joan E. Fina
Attorney
Enclosures
Consumer Information System 12/21/2001
Complaint Detail Report KMILTON
Transaction
Ref No.: 1647133 Contact Type: Complaint Source: Consumer TCS? Y
Comments: I originally looked in the classified to find an ad for work from home! I called the toll free number, left a message. I received a yellow leaflet (booklet) indicating testimonals from other people. So I called another toll free number with atoumated directions for a manual for $39.95 plus s/h + tax, with a 30 DAY MONEY GUARANTEE! After getting a call from Rich Perrin under study informing me of the details and what comes with what and training all for a start of fee of only $299! Of course for a while this was all appleaing to me BUT I decided against it. I sent the manual back along with the video & audio cassette before my 30 days was up!! To say the least I have heard nothing or received a credit to my mothers account! I just want my mothers hard earned money credit to her account! Please contact me for any more information that you may need.
Created By: JBLAND Created Date: 11/08/01
Updated By: Updated Date:
Org Name: PUBLIC USERS – CIS
Amt Requested: 39.95
Amt Paid: 39.95 Payment Method: Bank Account Debit
Agency Contact: Internet Complaint Date: 11/06/01
Initial Contact: Mail Transaction Date: 09/17/01
Initial Response:
Product/Service: Work-At-Home Plans
Statue/Rule: FTC At Sec 5 (BCP)
Law Violation: Deception/Misrepresentation
Consumer:
Complaining
Company/Org:
Last Name: First:
Address:
City: Alpine State: CA Zip:
Country: UNITED STATES
Work Phone (0)
Fax Number: ()
Home Number:
Email:
Age Range:
Consumer Information System 12/21/2001
Complaint Detail Report KMILTON
Company
Company: Newest ways to Wealth Systems
Address:
City: State: NR Zip:
Country: LOCATION NOTE REPORTED
Email: URL:
Phone: ( ) Ext:
Company Representative
Rep Name: Perrin, Rich Title:
Associated Company
Page 2 of 11
Consumer Information System 12/21/2001
Complaint Detail Report KMILTON
Transaction
Ref No.: 1632691 Contact Type: Complaint Source: Consumer TCS? Y
Comments: Consumer seen in the new paper that you can work from home, And they want you to sent them 50.00. And they will sent you information on their company.
Created By: TMEKINS Created Date: 10/30/01
Updated By: TMEKINS Updated Date: 10/30/01
Org Name: TOLL FREE NUMBER AND CONSUMER SENTINEL
Amt Requested:
Amt Paid: Payment Method:
Agency Contact: Mail Complaint Date: 10/29/01
Initial Contact: Mail Transaction Date:
Initial Response: Mail
Product/Service: Magazines
Statue/Rule: Telemarketing Sales Rule
Law Violation: Advance fee for telemarketed recovery services
Consumer:
Complaining
Company/Org:
Last Name: First:
Address:
City: Dane State: WI Zip:
Country: UNITED STATES
Work Phone ()
Fax Number: ()
Home Number:
Email:
Age Range:
Company
Company: NEWEST WAY TO WEALTH INFORMATION PACKET
Address: unknow
unknow
City: unknown State: NR Zip:
Country: LOCATION NOT REPORTED
Email: URL:
Phone: (800-9) 41-3359 Ext: