Flashcast Convicted of False Advertising

Business owner Carl Ken Carranza and his Universal City-based company Flashcast were convicted last week on 10 counts of false advertising and could face a total of $60,000 in fees and up to five years of jail time. Sentencing will take place on June 19.

Deputy city attorney Mark Lambert of L.A.'s city consumer protection unit filed charges in August. The trial, which began on Apr. 26 and wrapped up last week, examined two separate violations. However, half the case against Flashcast was thrown out by Judge Michael Kellogg. Both sides, therefore, are claiming victory.

Flashcast, located at 3575 Cahuenga Blvd. West, describes itself as a "computer advertising service," specializing in children under age 5. For a $495 start-up fee and a $100-a-month processing fee, the company submits children's photos to casting directors. The company does not hire children, nor does it act as an agent or manager. It merely limits its scope to submissions, it says.

Lambert originally charged the company with being a "job-listing service" that was not in compliance with the law. The law defines a job-listing service as a company that does any of the following for a fee: matching job seekers with job opportunities, providing job seekers with lists of employment, or preparing resumés or lists of job seekers for distribution to potential employers.

The law requires all job-listing services to post a $10,000 bond, provide a fee schedule, include a right-to-cancel provision in their contracts, and provide a refund if the client does not get work.

Judge Kellogg, however, asked that this part of the case be thrown out. "At the end of the people's case," said Lambert, "the defense can make a motion to dismiss if there is not enough evidence to go to the jury, and the judge determined in this situation that that was the case. We have no right to appeal that."

"We're actually very pleased with the outcome of the trial," said Carranza. "We're not a job-listing service and Judge Michael Kellogg agreed. He said that was a misapplication of this law. And as far as we were concerned, after that, we had won the case."

Yet the judge did permit Lambert to add three new counts of false advertising. Carranza was convicted on 10 out of the final 11 counts. The false advertising charges included a number of separate issues.

The company had advertised in the Penny Saver, on its website, and by setting up a table at Babies R Us locations. Explained Carranza, "There were a couple of different ads that said 'Casting children' or 'Looking for kids for commercials, modeling, music videos.' The jury did agree that the advertising was misleading from 1998 because the word 'casting' was in there and we didn't use the word