Before revision: For example, the advertisements of online dating service eHarmony.com pass this test because they fail the first two prongs but not the third : they claim a success rate significantly higher than that of competing services while generally not disclosing that the rate is calculated with respect to a viewership subset of individuals who possess traits that increase their likelihood of finding and maintaining relationships and lack traits that pose obstacles to their doing so, and the company deliberately selects for these traits by administering a lengthy pre-screening process designed to reject prospective customers who lack the former traits or possess the latter ones, but the company does not charge a fee for administration of its pre-screening test; thus its prospective customers face no "downside risk" other than wasting their time, expending the effort involved in completing the pre-screening process, and suffering disappointment
After revision: For example, the advertisements of online dating service eHarmony.com fail a truth in advertising test because they fail the first two prongs and pass the third, when all three must be passed : they claim a success rate significantly higher than that of competing services while generally not disclosing that the rate is calculated with respect to a viewership subset of individuals who possess traits that increase their likelihood of finding and maintaining relationships and lack traits that pose obstacles to their doing so, and the company deliberately selects for these traits by administering a lengthy pre-screening process designed to reject prospective customers who lack the former traits or possess the latter ones, but the company does not charge a fee for administration of its pre-screening test; thus its prospective customers face no "downside risk" other than wasting their time, expending the effort involved in completing the pre-screening process, and suffering disappointment