I would say yes, that would put it in a better situation.
Robert, but if they committed a violation wouldn't she be in a better position to negotiate with them? Get them to agree to a PFD perhaps?
Well, that is really what it comes down to..
Is a violation REALLY that big of a negotiating chip?
I am not entirely sure, because the only thing you can really do that would amount to anything more than a slap on the wrist from the FTC would be a lawsuit.. and lets be honest, most people in general are blowing a lot of hot air when it comes to threatening suits for violations..
Plus they know you have to prove the violation, and alot of times what we percieve as violations are not based off loopholes in the law; or bad information on websites and forums.
I am not saying its not worth it, but, CAs know you are likely not going to follow through with it, imagine how many legalese letters they get daily just from these silly web templates floating around.
I think the only time it truly becomes a chip is when you actually sue them, and the negotiate after you sue them.