That is actually in a case where the safe harbor is available to the company but their statements went well beyond the protection it would provide.
In the case of OTC penny stocks the safe harbor is not available AT ALL in any way.
Many don’t realize this, because many OTC penny stocks use it. It isn’t until they go an try to rely on it in defense of a civil claim or regulatory action that it becomes an issue.
Everything that the company or it’s officers have said is not covered by it.
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