Now that TV huckster Billy Mays is gone, who can replace him as top pitchman on middle-of-the-night TV?

Watchdog Nation nominates Doug Harrison.

He’s the guy on The SCOOTER Store’s incessant TV commercials who makes that big promise about the free chair or scooter if you don’t qualify under Medicare.

Billy Mays

Doug Harrison is founder and president of The SCOOTER Store and star of his own commercials. He promises that if you don’t  qualify for a scooter or power chair with government assistance – his exact words – “we’ll give you a new power scooter free.”

The SCOOTER Store’s marketing campaign is an example of advertising that takes you to the edge of the line but doesn’t cross over. Or does it?

Doug Harrison

That same Doug Harrison a couple of years ago agreed to make a $500,000 personal “contribution” to the federal government  to settle a huge civil lawsuit against The SCOOTER Store for violating the False Claims Act. The company paid another $4  million in fines and gave up Medicare claims worth about $13 million.

Harrison, the U.S. Justice Department stated in 2007, “also agreed to forego dividends from his shares in the company for the next year in exchange for a release of his personal liability.”

As a recent Watchdog column by Dave Lieber in the July 18, 2009 Fort Worth Star-Telegram reminded here, federal prosecutors accused The SCOOTER Store of engaging “in a multi-media advertising campaign to entice beneficiaries to obtain power scooters paid for by Medicare, Medicaid, and other insurers. Instead of the ‘zippy’ power scooters that were advertised, The SCOOTER Store sold the beneficiaries expensive power wheelchairs that they did not want, need and/or could not use.”

The government also accused The SCOOTER Store of selling used equipment as new and charging Medicare millions for unnecessary accessories.

As part of this, the company agreed to a 5-year corporate integrity program, monitored by the federal government.

When you examine the 2009 TV ad starring Harrison and the company’s latest marketing materials, the delicate use of  language stands out.

The promise of a free chair is still there, but it’s loaded with conditions:

“You may even get your power chair or scooter ABSOLUTELY FREE.”

“Your new power chair or scooter could cost you little to nothing.”

“If we pre-qualify you… we guarantee you will receive it FREE.”

And the ultimate qualifier: “This guarantee has some restrictions, is not available in all locations, and is subject to change.”

You may…

You could…

If…

Notice how these words, added as qualifiers after the Justice Department’s action, are not capitalized.

What is capitalized?

FREE… and… ABSOLUTELY FREE.

Over the line?