Excerpt
Progressive Leasing was held liable for misleading consumers to pay more than the sticker price for items by hiding the cost behind a non-descript dropdown arrow
Our analysis
Online consumers, seeking items like furniture, jewelry, or cellphones, were often presented with Progressive's payment plans as "same as cash" or "no interest," leading them to believe they would not incur charges beyond the item's sticker price. Contrary to these representations, consumers ended up paying more than the sticker price and often approximately twice the sticker price if they adhered to the payment schedule.
- The case highlights that consumers were initially shown the "cash price" of the item and the costs of their initial and periodic payments, but the full cost of Progressive's payment plan was hidden behind a non-descript dropdown arrow labeled "Additional Lease Details." These deceptive practices, where the true cost of the payment plan was not readily disclosed, violated Section 5 of the FTC Act, 15 U.S.C. § 45, in the marketing, offering for sale, or sale of Rent-to-Own products.
Outcome
Progressive Leasing has been ordered to pay $175 million in fines. The order mandates that Progressive Leasing refrain from misrepresenting or assisting others in misrepresenting various aspects related to costs, fees, charges, interest, nature of goods or services, availability of options, and other material facts. Additionally, they are required to clearly and conspicuously disclose crucial information about any option to own, rent, lease, or finance, including steps for consumers to exercise the option and the total cost of ownership where applicable.
Parties
Federal Trade Commission and Prog Leasing
Case number
1:20-cv-01668
Decision
Related deceptive patterns
Hidden costs involve obscuring or omitting additional fees, charges, or costs until the user is well into the purchasing or sign-up process. By that point, the user has already invested time and effort into the transaction and is more likely to proceed despite the unexpected costs.
Related laws
Prohibits deceptive acts or practices that misrepresent or omit material facts.