April 14th, 2021
It’s the most famous operatic jingle in advertising: “I have a structured settlement but I need cash now. Call J.G. Wentworth. 877-CASH-NOW.”
But according to a recent inquiry by the National Advertising Division, it can take weeks for consumers who sell some or all of their structured settlement to J.G. Wentworth to receive the “one lump sum of cash” promised in the above TV commercial.
That’s because, before consumers can receive the lump sum, a court needs to approve a petition transferring the structure settlement payment rights to J.G. Wentworth, a process that, on average, takes seven weeks to complete, NAD said.
NAD recommended that J.G. Wentworth modify its advertising to clearly and conspicuously disclose that its “cash now” offer is not immediate but requires a court approval process that can take weeks if not months to conclude. J.G. Wentworth agreed to comply with the self-regulatory body’s recommendation.
However, as of this writing, there’s nothing about a delay in receiving the lump sum in the above commercial, not even in the fine print (though if it were placed there, it likely wouldn’t meet the “clear and conspicuous” legal standard for such disclosures).
Unlike lump-sum settlements, structured settlements in personal injury lawsuits (among other types of cases) award regular payments to plaintiffs over a period of years.
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