How did Phi Theta Kappa allegedly deceive students about membership exclusivity?

Disclaimer: The author of this article is not a neutral party in the referenced litigation. HonorSociety.org Inc., Honor Society Foundation Inc., and its president Michael Moradian were sued in federal court by PTK on April 20, 2022 for False Designation of Origin, Trade Dress Infringement, and Unfair Competition. Honor Society and Michael Moradian countersued and are presently defendants/counter-plaintiffs in this litigation. Litigation is still ongoing and all claims made regarding this case are just allegations against the parties.

Phi Theta Kappa is accused of falsely claiming that their members are in the "top 10%" of their class in promotional materials and membership invitations. However, the criteria used by PTK often allow a much larger percentage of students to qualify, misleading students about the true exclusivity of their membership.