Fairfield Funding Deceptive Use of National Structured Settlements Trade Association Mark

by Structured Settlement Watchdog

Fairfield Funding, the Atlanta based structured settlement factoring company appears in advertising captured today, falsely suggesting to consumers that it is a Certified Structured Settlement Consultant to promote its pennies on the dollar value proposition.  

Misleading advertising from the Atlanta Georgia structured settlement factoring company, Fairfield Funding

Certified Structured Settlement Consultant is a professional designation for structured settlement consultants in existence for 26 years. The term Certified Structured Settlement Consultant is a registered trademark of the National Structured Settlements Trade Association  Download Certified Structured Settlement Consultant trademark registration USPTO

It's false and wholly misleading advertising to state or imply that Fairfield Funding is a Certified Structured Settlement Consultant, because such designation is only available to individuals. No structured settlement factoring company or any company itself is a Certified Structured Settlement Consultant. Moreover, Fairfield Funding is not a member of the National Structured Settlements Trade Association.

Among other things, candidates for the Certified Structured Structured Consultant, must agree to the following:

"Agreement: I understand that the NSSTA CSSC/MSSC Committee must favorably consider this application prior to acceptance. By submitting this form, I declare that the facts herein are true and complete to the best of my knowledge. I also state that my organization, voting and professional members are actively involved in, associated with, or have an interest in the furtherance of periodic payment of compensation on account of personal physical injuries as set forth in Article II of the NSSTA Bylaws."

Notwithstanding a possible violation of the NSSTA trademark, the structured settlement industry should not tolerate any false and wholly misleading advertising that suggests to consumers that an individual or entity has professional qualifications or credentials unless they've actually earned them and the designation is active.

This morning I contacted Fairfield Funding,  a call they purported to record, and asked to speak to a Certified Structured Settlement Consultant. I was passed to Amanda Dobanton Fairfield Funding General Counsel, who is on the Board of Directors of the National Association of Settlement Purchasers. Ms. Dobanton is not a Certified Structured Settlement Consultant.  Ms. Dobanton said she would speak to their advertising company.