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Court Burns United Seniors Association for
Misleading Senior Citizens
Solicitation letters were in envelopes appearing to
come from Social Security; Group evolved today to USA Next
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Click photo for larger view of
envelope considered by the court in case against USA. |
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Aug. 26, 2005 Bulk mailings by United Seniors
Association, Inc., a conservative advocacy group, have been found to
mislead senior citizens by the 4th U.S. Circuit Court of Appeals in
Virginia. Now known as
USA Next, USA was founded in 1991 by Richard Viguerie, a Republican pioneer
and mastermind of direct mailings, who raised millions from older
Americans using solicitations that sent alarming messages about Social
Security.
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In the new role as USA Next, the organization has
run ads - some say vicious ads - against AARP. They have used support of
the Bush Social Security program as a way to raise funds and get new
members.
The mailings considered by the court were designed
to appear as urgent letters from the Social Security Administration.
They were not unlike many other disguised mailings received by senior
citizens that appear to be from the government.
In a unanimous decision, yesterday, the three
judges upheld a $554,196 fine against United Seniors Association Inc.
The case specifically involved the envelope used by
the group in mailings to seniors. The court said the group's envelope
violated the Social Security Act that prohibits the use of symbols,
emblems, or names in reference to Social Security in hopes of preventing
confusion by Social Security recipients.
The case involved two envelopes used by USA in
mailing solicitation messages to senior citizens. On the first one, the
words "Social Security" are printed boldly at the top. Around the
boarder of the envelope, the message "Social Security Alert" is repeated
over and over.
Also on the envelope was the message Urgent
Alert, with a large red check make beside it.
The second envelope boldly stated "Social Security
Information Enclosed." It carried a message, too, that it should be
opened immediately.
The court disagreed with the USA defense that
claimed the law prohibiting deceptive communications using the name of
Social Security did not apply to envelopes. USA claimed the contents
must also be considered.
The court said, however, that "once a recipient of
a misleading envelope opens the envelope and begins reading its
contents, the deceptive `communication' has served its purpose."
The Social Security Act also prohibits the use of
the following in advertising, solicitation and other communications to
give the false impression that the communications is approved, endorsed
or authorized by the Social Security Administration.
"Social Security", "Social Security Account",
"Social Security System", "Social Security Administration", "Medicare",
"Centers for Medicare & Medicaid Services", "Department of Health and
Human Services", "Health and Human Services", "Supplemental Security
Income Program", "Medicaid", "Death Benefits Update", "Federal Benefit
Information", "Funeral Expenses", or "Final Supplemental Plan", the
letters "SSA", "CMS", "DHHS", or "SSI", or any other combination or
variation of such words or letters.
For the complete opinion in pdf format
Click Here
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