1. Frank Donovan is the President and CEO of Excel Fitness Corp. Excel sells fitness clothing, sneakers and accessoriesI which the company claims provides tness and toning from simply wearing these items. Frank has personally approved all of Excel's advertising and marketing materials, which claimed that scientific studies have proven that wearing Excel's clothing and sneakers increases muscle action in the body and legs by 35% and increases the number of calories burned in any activity by 50%. In fact, no scientific studies have been performed and there is no evidence to support any of the claims made by Excel. Excel has made over $15 million in sales during the past year. Sydney is a busy mother of three who works full time. Because she feels that she doesn't have the time to go to the gym she has been looking for other opportunities to increase her tness. She read all of Excel's advertising material, both in print and online. and was convinced that their products were the answer to her tness problem. She bought a few of their clothing items and two pair of sneakers from their website for a total cost of $750. Although she wore the clothing and sneakers mostly every day after work