The Federal Trade Commission (FTC) has proposed a $1.9 million settlement to resolve claims that Evoke Wellness, a Florida-based substance use disorder treatment clinic, engaged in deceptive business practices and deliberately misled consumers who were seeking substance use disorder treatment by pretending to be other clinics.
According to the January 2025 complaint, Evoke Wellness, LLC, Evoke Health Care Management, and their officers, Jonathan Mosley and James Hull, conducted a deceptive Google Ads campaign targeting consumers conducting online searches for substance use disorder treatment clinics. According to the FTC, the campaign used the specific names of other clinics as keywords to ensure Evoke’s ads appeared when searches were made for those clinics. The ads prominently displayed the names of the impersonated clinics, misleading consumers into calling the telephone number for Evoke’s telemarketing call center.
When the number was called, the Evoke telemarketers would explain that they had reached a centralized admissions office or an addiction treatment hotline, rather than an Evoke call center. Even when the caller maintained that they wanted to deal with the specific clinic they were trying to reach, the telemarketers continued with the deception, falsely claiming they had a relationship with that clinic.
In the complaint, the FTC alleged that the campaign ran over 2 years from 2021 through 2023 and involved at least 68,510 misleading Google search ads. The campaign is alleged to have generated at least 3,500 calls from individuals seeking treatment for substance use disorder. The FTC alleges that Evoke’s conduct violated the FTC Act and the Opioid Addiction Recovery Fraud Prevention Act of 2018.
The consent order imposes a $7 million civil monetary penalty on the defendants to resolve the FTC’s claims; however, only $1.9 million is payable due to the defendants’ financial position. The consent order prohibits Evoke from impersonating other businesses and substance use disorder clinics, and engaging in deceptive advertising practices such as using competitors’ names in search engine advertisements and making misrepresentations related to their substance use disorder services. Evoke is also required to establish a compliance program that must include monitoring its call centers for misrepresentations and taking corrective action against any agent who violates the consent order.
Should Evoke be later found to have violated the terms of the consent order, the suspended portion of the civil monetary penalty will become immediately payable. The proposed consent order was filed in the U.S. District Court for the Southern District of Florida and now awaits approval from the District Court Judge. “Opioids have ravaged American communities, killing well over one hundred Americans per day and ruining the lives of countless others,” said FTC Chairman Andrew N. Ferguson. “Today’s settlement helps consumers affected by opioid addiction navigate their path to recovery by preventing fraudsters from leading them astray.”
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