Packages ride on a conveyor belt during Cyber Monday, one of the company’s busiest days at an Amazon fulfillment center on December 2, 2024 in Orlando, Florida.
Miguel J. Rodriguez Carrillo | Getty Images
The Federal Trade Commission is going after an e-commerce company that allegedly took millions of dollars from consumers as part of a “passive income” scheme, which spun up Amazon storefronts on their behalf and promised “insane returns” that were higher than the stock market.
The FTC said Tuesday it filed a lawsuit against the company, called Click Profit; its co-founders Craig Emslie and Patrick McGeoghean; and two other business associates. It also asked a judge to bar the parties from doing business temporarily.
The case is the latest example of the FTC cracking down on e-commerce “automation” services. These companies launch and manage online storefronts on behalf of clients, who pay money for the services and the promise of earning tens of thousands of dollars in “passive income.” The companies often make extravagant claims about potential earnings and the use of artificial intelligence technology to guarantee profits. Despite their assurances, consumers frequently end up losing money.
Click Profit, which also operated under the names FBALaunch, Automation Industries and PortfolioLaunch, promised investors they would “build you a massively profitable e-commerce store from the ground up” by selling products on Amazon, Walmart and TikTok, according to the FTC.
The company charged consumers between $45,000 to $75,000 for the initial investment, plus an additional $10,000 or more to pay for inventory, the FTC alleged in its complaint, which was filed in the U.S. District Court for the Southern District of Florida. Click Profit took up to 35% of any profits from their customers’ stores, the complaint states.
The company claimed the business opportunity was “safe, secure and proven to generate wealth,” according to marketing materials referenced in the FTC’s complaint. They posted screenshots of purportedly successful Amazon storefronts, including one they claimed generated product sales of over $540,000 in one month.
Emslie often appeared in TikTok videos and other online ads to pitch prospective consumers. In one ad, he said that “the stock market, real estate or precious metals will never be able to offer you” the level of security offered through investing in Click Profit, according to the FTC’s complaint. Other TikTok videos show him appearing alongside an image of Warren Buffett while “fanning himself” with wads of cash, per the complaint.
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Click Profit talked up its expertise by claiming it had product sourcing partnerships with legitimate brands, including Nike, Disney, Dell, Colgate and Marvel, the complaint alleges. It also claimed to have spent $5 million to build a “super computer” and other AI technologies to locate the “most profitable products,” claiming the super computer had generated “around $100 million in sales,” per the complaint.
The company even implied that investors’ online store could be bought out by venture capital firms connected with Click Profit “at a 3-6x multiple,” the FTC alleged.
“In reality, the highly touted AI technology and brand partnerships do not exist, and the promised earnings never materialize,” the FTC said in its complaint.
Amazon suspended or terminated about 95% of Click Profit’s stores after they violated Amazon’s seller policies, the FTC alleged. After accounting for Amazon’s fees, more than one-fifth of Click Profit’s stores on the platform earned no money at all, while another third earned less than $2,500 in gross lifetime sales, the FTC stated.
As a result, most consumers were unable to recoup their investments and “some are saddled with burdensome credit card debt and unsold products,” according to the FTC, which also said that Click Profit often refused to refund victims their investments and threatened them with legal action if they posted publicly about their experience.
One unnamed consumer mentioned in the lawsuit invested “his life’s savings” in Click Profit and was later terminated as a client “with nothing to show for his payments,” the complaint states. He posted a negative review online and was allegedly approached by Emslie’s attorney, who threatened to sue the consumer and “take everything he and his wife owned,” per the complaint.
The consumer took the reviews down, then asked Emslie whether he could receive a partial refund, according to the FTC.
“The attorney told the consumer that Emslie had responded, ‘F*** off,'” the FTC alleged.
Representatives for Emslie and Click Profit didn’t immediately respond to a request for comment.
The FTC alleges Click Profit violated the FTC Act, the Consumer Review Fairness Act and the Business Opportunity Rule. It seeks to permanently prohibit Click Profit from doing business, as well as monetary relief for the victims.
Attendees walk past an advertising board during the Nintendo Switch 2 Experience at the ExCeL London international exhibition and convention centre in London, Britain, April 11, 2025.
Isabel Infantes | Reuters
Nintendo said Thursday that it expects to sell 15 million units of its new Switch 2 console in the fiscal year ending March 2026.
It is the first forecast for sales from the Japanese gaming giant since it announced the successor to its successful Switch device, which is due to go on sale in June.
Nintendo also reported results for its fiscal fourth quarter and full year. Here’s how Nintendo did in its fiscal fourth quarter ended Mar. 31 versus LSEG estimates:
Revenue: 208.7 billion Japanese yen ($1.45 billion), compared with 216.16 billion yen expected.
Net profit: 41.6 billion yen, versus 33.91 billion yen expected.
Revenue fell 24.7% in the fourth quarter compared to the same period a year earlier, while profit plunged nearly 50%. This was largely expected as Nintendo fans await the Switch 2 and hold off on buying the current console.
Earlier this year Nintendo slashed its forecast for sales of the Switch to 11 million units for the year ended Mar. 31. Nintendo on Thursday said it sold 10.8 million units of the Switch in the year, just shy of its own forecast and down 31% year-on-year.
Tariffs in focus
Investors are also focused on Nintendo’s forecast for the fiscal year. The company expects net sales of 1.9 trillion yen, a 63% year-on-year rise but just short of LSEG estimates of 2 trillion yen. It expects net profit to jump 7.6% to 300 billion yen, below LSEG estimates of 388.8 billion yen.
However, Nintendo noted that all of its forecasts are based on U.S. tariff rates effective Apr. 10 — following a pause in U.S. President Donald Trump’s reciprocal tariffs for many countries.
Nintendo in April delayed pre-orders for the Switch 2 in the U.S. after the initial announcement of Trump’s sweeping tariffs on countries around the world. Nintendo’s consoles are manufactured in Vietnam, which faces duties of 46% once the pause lifts.
Nintendo’s President Shuntaro Furukawa said on Thursday that if additional tariffs are imposed and prices of its goods need to be adjusted, demand in the U.S. may decrease, Reuters reported. Duties could hit profit to the tune of tens of billions of yen, Furukawa added, according to the report.
Switch 2 fuels stock rally
Investors are now focused on how the successor to the console, the Switch 2, will perform following its launch. The Switch 2 will start at $449.99 in the U.S. and has improved features compared with its predecessor.
As well as the 15 million unit sales forecast for the fiscal year ended March 2026, Nintendo said it expects to sell 45 million units of software during that same time period.
Games are important for the success of any console and Nintendo said the Switch 2 will launch with two titles — “Mario Kart World” and “Nintendo Switch 2 Welcome Tour.” There will also be Switch 2 versions of existing games such as “Zelda: Breath of the Wild.” Nintendo is leaning on its popular characters such as Mario and Zelda to boost the appeal of the Switch 2.
Nintendo first launched the original Switch in 2017 and it has become the Japanese gaming giant’s second-best-selling console ever with over 150 million units sold. The firm managed to extend the life of the hardware thanks to hit games involving characters like Super Mario, franchises such as Pokemon and the expansion of its intellectual property into films.
Investors are hopeful the company can continue to ride its wave of popularity with shares up around 30% this year and 64% over the past 12 months.
An Apple store in Walnut Creek, California, U.S., on April 30, 2025.
Paul Morris | Bloomberg | Getty Images
Apple is asking a court to pause a recent decision in its case against Epic Games and allow the iPhone maker to once again charge a commission on in-app transactions that link out for payment.
Judge Rogers’ new ruling is more expansive, ordering Apple to immediately stop imposing its commissions on purchases made for iPhone apps through web links inside its apps, among other changes.
Apple is now looking to get a stay on that order, as well as another one from the case that prevents it from restricting app developers from choosing the language or placement of those links, until the entire decision can be appealed. Apple says that required changes in their current form will cost the company “substantial sums.”
“This is the latest chapter in Epic’s largely unsuccessful effort to use competition law to change how Apple runs the App Store,” Apple said in the emergency motion for a stay. The motion cites a previous order in the case that found that new linking policies would cost Apple “hundreds of millions to billions” of dollars annually.
If Apple succeeds, it will allow the company to roll back changes that have already started to shift the economics of app development. Developers including Amazon and Spotify have been able to update their apps to avoid Apple’s commissions and direct customers to their own website for payment.
Prior to the ruling, Amazon’s Kindle app told users they could not purchase a book in the iPhone app. After a recent update, the app now shows an orange “Get Book” button that links to Amazon’s website.
Epic also plans to introduce new software to allow app and game developers to easily link to their websites to take payments.
“This forces Apple to compete,” Epic Games CEO Tim Sweeney said shortly after last month’s decision. “This is what we wanted all along.”
Apple said in the filing that “non-party developers are already seizing upon the Order to reduce consumer choice (and damage Apple’s business) by, among other things, impeding the use of” in-app purchases.
Rogers made a criminal referral in the case, saying that Apple misled the court and that a company vice president “outright lied” about when and why Apple decided to charge 27% for external payments. The real decision, the judge said, took place in meetings involving Apple CEO Tim Cook.
Wednesday’s filing from Apple doesn’t address Rogers’ accusations that the company misled the judge, but it does argue that the ruling was punitive. Apple’s lawyers also claimed that civil contempt sanctions can only coerce compliance with an existing order, not punish non-compliance.
Apple said earlier this week in a court filing it would appeal the contempt ruling.
“We’ve complied with the court’s order and we’re going to appeal,” Cook told investors on the company’s quarterly earnings call last week.
Rene Haas, CEO of chip tech provider Arm Holdings, holds a replica of a chip with his company’s logo on it, during an event in which Malaysia’s Prime Minister Anwar Ibrahim officially announces a $250 million deal with the company, in Kuala Lumpur, Malaysia March 5, 2025.
Hasnoor Hussain | Reuters
Arm shares dropped more than 8% in extended trading on Wednesday after the chip-design company issued weaker-than-expected guidance for the current quarter.
Here’s how the company did in the fiscal fourth quarter compared with LSEG consensus:
Earnings per share: 55 cents, adjusted vs. 52 cents expected
Revenue: $1.24 billion vs. $1.23 billion
While Arm topped estimates for the quarter ended March 31, Wall Street is looking ahead to the company’s forecast for the first quarter.
Arm said revenue will be between $1 billion and $1.1 billion. The middle of the range is below the $1.1 billion average analysts estimated, according to LSEG. Earnings per share will be between 30 cents and 38 cents, while analysts were expecting 42 cents.
SoftBank controls about 90% of Arm, and took the company public in 2023. It now has a market cap of over $130 billion as of Wednesday’s close.
Arm designs the fundamental architecture upon which many chips are built, and sells licenses for its designs to companies such as Qualcomm and Nvidia, charging royalty fees on each sale they make. The company claims 99% of premium smartphones are powered by Arm technology.
Royalty revenue in the quarter rose 18% from a year earlier to $607 million.
Net income fell 6% to $210 million, or 20 cents a share, from $224 million, or 21 cents, in the year-ago quarter. Revenue jumped 34% from $928 million a year earlier.