The Federal Trade Commission (FTC) has initiated legal action against Evoke Wellness, LLC and Evoke Health Care Management, along with their executives Jonathan Mosley and James Hull. The Florida-based companies are accused of employing deceptive Google search advertisements and telemarketing tactics to mislead consumers seeking substance use disorder treatment.
"Preying on consumers suffering from addiction and other substance use disorders is wrong, and it’s illegal," stated Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. He emphasized that using misleading online ads to manipulate consumer choices is unacceptable and affirmed the Commission's commitment to taking action against violators.
The FTC's complaint alleges that Evoke used deceptive Google search ads to impersonate other substance use disorder treatment providers. These ads were designed to appear as if they originated from the specific clinics consumers were searching for. By targeting mobile phone users, Evoke allegedly used the names of other clinics as keywords and prominently displayed them in a way that misled consumers into contacting Evoke's call center.
Upon engaging with these ads, consumers were directed to Evoke's telemarketers who furthered the deception by falsely claiming affiliation with the sought-after clinics. Even when callers specified their intent to reach a different clinic, telemarketers reinforced the false impression created by the misleading ads.
Between 2021 and 2023, it is alleged that Evoke disseminated over 68,510 misleading Google search ads resulting in at least 3,500 calls to their call center. The FTC claims this conduct violated both the FTC Act and the Opioid Addiction Recovery Fraud Prevention Act of 2018. The lawsuit seeks to permanently halt these practices and impose civil penalties.
This case is part of a broader effort by the FTC to address deceptive practices within the substance use disorder treatment industry. Previous actions have targeted entities such as R360 LLC for misleading evaluation criteria, Michael J. Connors for false nicotine addiction product claims, Rejuvica, LLC for unsubstantiated alcohol consumption reduction claims, Dr. Dalal A. Akoury for unsupported addiction treatment service claims, Cerebral for privacy violations related to telehealth services, and Monument Inc., for allegedly disclosing personal health data without consent.
The Commission unanimously voted 5-0 in favor of filing the complaint against Evoke Wellness and its associates in the U.S. District Court for the Southern District of Florida. Victor DeFrancis and Cassandra Rasmussen from the FTC’s Bureau of Consumer Protection are leading this case.
According to an FTC note, complaints are filed when there is "reason to believe" that defendants are violating or about to violate laws deemed significant enough for public interest proceedings.
The Federal Trade Commission continues its mission to promote competition while protecting and educating consumers about potential frauds or scams through resources available at consumer.ftc.gov.
