Marketers of “Facilitated Communication” Devices Agree to Settle FTC Charges

February 6, 2018

Marketers of “Facilitated Communication” Devices
Agree to Settle FTC Charges

FTC News Release
December 15, 1994

Two companies that market communication devices for autistic or other developmentally-disabled individuals with severe communication disabilities have agreed to settle Federal Trade Commission charges that they made false and unsubstantiated claims that the devices enable such individuals to communicate through the process of “facilitated communication.” The devices at issue are similar to a typewriter, computer, or other alphabet display chart, and cost from $130 to $1,100. In separate proposed settlements, the companies would be prohibited from making false or unsubstantiated performance claims about any communication aid they offer in the future.

Facilitated communication is a process by which an assistant or facilitator provides physical support, such as wrist or hand holding, to a disabled person to “help” the person type or point to letters on a keyboard.

In separate cases, the Commission named Louis Bass, Inc., doing business as Crestwood Company; and Abovo, Inc., and its president, Susan Lakso. Crestwood, based in Glendale, Wisconsin, sells its devices—the “Crestalk” and the “Canon Communicator”—through its catalog, published twice a year. Abovo, based in Chicopee, Massachusetts, markets the “Abovo Personal Communicating Device (Abovo PCD),” through print ads and promotional video.

In its complaints detailing the charges, the FTC alleged that the respondents used advertisements that contained false and unsubstantiated representations concerning the efficacy of their communication devices in enabling individuals with disabilities to communicate through facilitated communication. Specifically, the FTC alleged that Crestwood claimed in its advertisements that the Crestalk and Canon Communicator will enable autistic individuals to communicate through facilitated communication. Similarly, the Commission alleged that Abovo’s advertisements specifically claimed that the Abovo PCD enables autistic and mentally retarded individuals to communicate through facilitated communication. These claims are both false and unsubstantiated, according to the FTC.

The FTC also alleged that Abovo did not have adequate and reliable substantiation for its claim that the Abovo PCD enables individuals who are disabled as a result of apraxia, motor speech disorders, laryngeal cancer, cerebral palsy, multiple sclerosis, stroke, Alzheimer’s disease or other named disorders, to communi- cate through facilitated communication.

The proposed consent agreements to settle the charges, announced today for public comment, would prohibit the Crestwood and Abovo respondents from misrepresenting that any communication aid will assist autistic and/or mentally retarded individuals to communicate through facilitated communication.

In addition, the proposed settlements would prohibit the respondents from making representations about the ability of any communication aid to assist an individual with a disability to communicate through facilitated communication, unless the representation is true and the respondents have competent and reliable scientific evidence to substantiate the representation.

Finally, the proposed settlements include various reporting requirements that would assist the FTC in monitoring the respondents’ compliance with their provisions.

The Commission vote to approve the proposed consent agree-ments for public comment was 3-0, with Commissioner Mary L. Azcuenaga recused. The FTC’s San Francisco Regional Office handled the investigations.

The proposed consent agreements will be published in the Federal Register shortly and will be subject to public comment for 60 days, after which the Commission will decide whether to make them final. Comments should be addressed to the FTC, Office of the Secretary, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580.

NOTE: A consent agreement is for settlement purposes only and does not constitute an admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of $10,000.

Copies of the complaints, proposed consent agreements, and analyses of the agreements to assist the public in commenting, are available from the FTC’s Public Reference Branch, Room 130, at the above address; 202-326-2222; TTY for the hearing impaired 1-866-653-4261.

Media Contact:

Brenda Mack
Office of Public Affair

Staff Contacts:

Jeffrey Klurfeld or Kerry O’Brien San
Francisco Regional Office
901 Market Street, Suite 570
San Francisco, California 94103

(FTC File Nos.: Crestwood – 932 3357; Abovo – 932 3356)

This page was posted on February 6, 2018.