The operators of a Florida-based substance use disorder treatment clinic have agreed to pay $1.9 million to settle allegations from the Federal Trade Commission (FTC) that they used deceptive advertising practices. The settlement addresses claims that Evoke Wellness, LLC, Evoke Health Care Management, LLC, and their officers, Jonathan Moseley and James Hull, impersonated other treatment providers through Google search ads and telemarketing.
According to the FTC's January 2025 complaint, the defendants targeted consumers searching for specific substance use disorder clinics online by using the names of those clinics as keywords in their Google ads. These ads directed consumers to call Evoke’s call center under false pretenses. Telemarketers at Evoke would pose as representatives of centralized admissions offices or addiction treatment hotlines rather than disclosing their affiliation with Evoke. They falsely claimed connections with the clinics that consumers intended to contact.
The FTC alleged this conduct violated both the FTC Act and the Opioid Addiction Recovery Fraud Prevention Act of 2018. "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."
The proposed order resolving the FTC's complaint includes several stipulations: it bans defendants from using competitors' names in search-engine ads; prohibits misrepresentations related to substance use disorder treatment services; forbids impersonating other businesses; requires a compliance program for monitoring call centers; and mandates corrective action against agents violating these terms.
Additionally, a $7 million civil penalty is imposed on the defendants but is partially suspended to $1.9 million due to financial constraints. If found misrepresenting their financial condition later, they will owe the full amount immediately.
The Commission vote approving this stipulated final order was unanimous at 3-0. The proposed order has been filed in U.S. District Court for the Southern District of Florida awaiting approval.
Lead staff attorneys Victor DeFrancis and Cassandra Rasmussen handled this matter within the FTC’s Bureau of Consumer Protection.
The Federal Trade Commission aims to promote competition while protecting and educating consumers about various issues including fraud prevention.
