Private Company Named “Federal Safety Compliance Center, Inc.” to Pay Restitution over Allegations of Illegal OSHA Poster Sales

May 21, 2019

 

ATLANTA, GA – Attorney General Chris Carr today announced that Federal Safety Compliance Center, Inc. (“FSCC”) and its owner, Samantha Cherry, have entered into a settlement to resolve allegations that it violated the Georgia Fair Business Practices Act through deceptive marketing and sales of Occupational Safety and Health Act (OSHA) workplace posters.

“Organizations attempting to do the right thing by complying with federal law should not be tricked into making decisions based on deceptive sales practices,” said Attorney General Chris Carr.  “This settlement should send a message that targeting businesses and government entities with these types of tactics will not be tolerated.”

The Attorney General’s office alleges that in the course of its marketing and sales of OSHA workplace posters and compliance materials, FSCC implied that it was affiliated with OSHA or another government entity, when in fact, it is a private company with no such affiliation. In addition, the Attorney General’s office alleges that FSCC shipped out OSHA compliance materials that had never actually been ordered and then billed recipients for them. Incidentally, OSHA workplace posters are available for free through OSHA’s website at www.osha.gov or by calling 202-693-1888.

In resolution of these allegations, FSCC has entered into a settlement requiring that it:

  • pay $30,000.00 to fund a Consumer Restitution Trust Account, to be administered by the Attorney General, for any person who paid for goods that the person did not request or that were requested as a result of FSCC’s deception; or paid for shipping costs to return goods that the person did not request or that were requested as a result of FSCC’s deception;
  • pay $55,000 in penalties to the State;
  • clearly represent orally and in writing that it is not affiliated in any manner with OSHA or any other governmental agency;
  •  not ship goods not actually ordered or requested by the recipient;
  •  not bill for goods unless it first received the express consent of the recipient;
  •  not solicit any entity which it knows or should know is a governmental entity;
  •  comply with the Georgia Fair Business Practices Act.

Should FSCC fail to comply with the settlement terms at any time during a two-year monitoring period, the company must pay an additional $75,000 penalty to the State.

Refunds

Anyone who paid Federal Safety Compliance Center, Inc. for goods, or return shipping for goods, that he or she did not request or that were requested as a result of the company’s deception may be entitled to compensation under the settlement and should fill out and submit a prescribed claim form, along with supporting documentation, to the Georgia Department of Law. Claim forms must be postmarked, faxed or hand-delivered no later than 5:00 p.m. EDT on June 13, 2019 in order to be considered for restitution.

Eligibility

To be eligible for restitution, you must demonstrate that, due to FSCC’s alleged deceptive conduct, you:

  • paid for goods that you did not request or that were requested as a result of FSCC’S deception; or
  • paid for shipping costs to return goods that you did not request or that were requested as a result of FSCC’s deception; and
  • have not received a refund from FSCC or a third party relating to the goods and/or shipping costs.

Filing a Claim

You can download a claim form here.

Completed claims and any documentation, should be submitted by mail, overnight delivery, fax or hand-delivery to:

Georgia Department of Law - Consumer Protection Division
ATTN: Federal Safety Compliance Center Restitution
2 Martin Luther King Jr. Drive SE, Suite 356
Atlanta, Georgia 30334-9077

Fax number:  404-651-9018

You may NOT submit the Claim Form by email.

Claims must be postmarked or faxed no later than 5:00 p.m. EDT on June 13, 2019.