[{"source":"FTC USA Business Blog Posts","description":"FTC consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agency’s continued commitment to challenging false or misleading representations about businesses’ compliance with the EU-U.S. Privacy Shield Framework. Another important development is the FTC’s proposed settlement with Retina-X . It’s our first action against a marketer of stalking apps – software that allowed purchasers to monitor the mobile devices on which they’re installed, without users’ knowledge. COPPA. Congress passed the Children’s Online Privacy Protection Act to ensure that when it comes to the collection of kids’ personal information online, parents are in the driver’s seat. The FTC settlement with YouTube – brought in conjunction with the New York Attorney General – alleges that the company collected kids’ personal data without parental consent, in violation of the COPPA Rule . The $170 million civil penalty broke the record for the largest remedy in an FTC COPPA case, set months before in our $5.7 million settlement with Musical.ly , now known as TikTok. If you’re a YouTube channel owner, read a special Business Blog post for tips on determining if your content is directed to children. Data security. Is your company honoring its data security promises and taking reasonable steps to safeguard the sensitive information in its possession? The FTC, CFPB, and State AG actions against Equifax illustrate how consumers are injured when companies ignore reasonably foreseeable threats. The settlement, which totals between $575 million and $700 million – also reminds businesses that heeding warnings about known risks is more prudent (and cost-effective) than the alternative. Three threads tie together the FTC’s unrelated actions against LightYear Dealer Technologies and InfoTrax Systems . They both sell management software to specific industries. They both allegedly failed to take reasonable steps to secure their networks, resulting in damaging data breaches. And they’re both covered by similar new orders the FTC has introduced in recent data security cases. If you or your clients are players in the Internet of Things, the settlement of the FTC’s litigation against connected device company D-Link sends an unmistakable message: The future of the IoT marketplace depends on secure software development. Endorsements, certifications, and influencers. Why is the FTC concerned about the accuracy of endorsements and certifications? Because they’re material to consumers. The FTC says Truly Organics’ claim that its personal care products were “certified organic” lathered up a double bubble of deception. First, its merchandise contained ingredients that weren’t organic. Second, the company falsely claimed that its products were certified by USDA’s National Organic Program. Other FTC developments focused on the use of endorsements in social media. The FTC’s action against Devumi alleges the company sold fake followers, phony subscribers, and bogus","id":3203247,"titre":"FTC consumer protection year in review offers 2020 vision for your business","url":"https://www.ftc.gov/business-guidance/blog/2020/01/ftc-consumer-protection-year-review-offers-2020-vision-your-business","pubDate":"Thu, 08 Oct 2026 08:06:58 +0200"},{"titre":"A clothes look at the RN database: Q&A with FTC staff","url":"https://www.ftc.gov/business-guidance/blog/2017/10/clothes-look-rn-database-qa-ftc-staff","pubDate":"Wed, 07 Oct 2026 14:05:06 +0200","source":"FTC USA Business Blog Posts","description":"A clothes look at the RN database: Q&A with FTC staff lfair October 5, 2017 | 11:18AM A clothes look at the RN database: Q&A with FTC staff By Lesley Fair It’s not much bigger than a postage stamp, but the label on many textile, wool, and fur products provides important information, including fiber content, country of origin, and a company name or Registered Identification Number (RN). The FTC administers the RN system and industry members will want to check out recent upgrades to the RN website . With RNs and labels on our mind, we asked some common RN-related questions to attorney Josh Millard, whom we’d label as one of the FTC’s go-to people on the subject. First things first. What’s an RN? JOSH:   A Registered Identification Number (RN) is a numerical designation – the prefix RN followed by a set of digits – that identifies the company responsible for marketing, distributing or otherwise handling a product covered by the Textile, Wool, and Fur Acts.  Because some labels are small and some company names are long, the law allows U.S.-based businesses to use an RN as a “shorthand” identification. We think the upgrades to the RN website will make it even easier for businesses to use. How do I get an RN for my company? JOSH:   Apply online. FTC staff will review your application and email you typically within 1-3 business days. As soon as your application has been approved, you’ll receive your RN.  How much does it cost to get an RN? JOSH:   There’s no charge. Is it mandatory that companies use an RN on labels? JOSH:   No, you don’t have to use an RN. It’s perfectly acceptable to include your company name instead, but many companies prefer to use an RN because it takes up less space. The RN system has other benefits, too. For example, it lets people identify your business easily through the RN Search screen . Consumers or other industry members can type in the number and readily find your business. Our company doesn’t reside in the United States.  Can we get an RN? JOSH:   Only U.S.-based businesses can get an RN. If your foreign company manufactures or is involved in the advertising, distribution, or sale of a product covered by the Textile, Wool, and Fur Acts, put the company name on the label instead of an RN. Alternatively, you can label the product with the RN or business name of a U.S. company directly involved with importing, distributing, or selling the product when that’s the case. Going through our records we found we have multiple RNs.  Is that a problem? JOSH:   It’s not prohibited, but we no longer issue multiple RNs to a single company and encourage companies to cancel any extra RNs to simplify recordkeeping. Our headquarters has moved since we applied for an RN.  Do we need to update our application? JOSH:   Yes. If there has been a change to your business name, address, or legal status, please update the information in your RN registration.  An RN can be cancelled if a business doesn’t keep its information up to date, so it’s wise to check. The good news is that the upgraded RN website makes that easier to do. What if we choose to use a company name on the label, rather than an RN? JOSH:   You must include the full name your company uses to do business – in other words, the name that appears on documents like purchase orders or invoices. It can’t be a trademark, trade name, brand, or designer name unless that’s also the name under which your company does business. What kind of guidance does the FTC have for industry members? JOSH:  Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts is a great place to start, and the FTC’s Clothing and Textiles page includes links to brochures, cases, workshops and other compliance resources.","id":3201873},{"pubDate":"Wed, 07 Oct 2026 08:05:50 +0200","titre":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims","url":"https://www.ftc.gov/business-guidance/blog/2014/10/first-ftc-rosca-case-challenges-bogus-bogo-free-claims","id":3201052,"description":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims wfg-adm109 October 21, 2014 | 12:02PM First FTC ROSCA case challenges bogus BOGO and \"free\" claims By Lesley Fair It’s called ROSCA – the Restore Online Shoppers’ Confidence Act – and it prohibits marketers from charging consumers for an online transaction unless the marketer has clearly disclosed all material terms of the deal and received the consumer’s express informed consent. Your e-commerce clients will want to know about the FTC’s first ROSCA case , filed recently in Nevada. According to the lawsuit, Health Formulas, LLC and a tangle of related California- and Nevada-based companies and individuals – consumers may know them as Simple Pure Nutrition – pitched a variety of products for weight loss, muscle building, virility, and skin care. The defendants advertised diet supplements like Pure Green Coffee Bean Plus and RKG Extreme as a shortcut to drop the pounds: “Burn fat without diet or exercise,” “Extreme weight loss!” “Shed pounds fast!” “Super concentrated double fat burning,” etc. Among the defendants’ more colorful business names: Weight Loss Dojo, Longhorn Marketing (sorry, Texas fans), Black Bull, and Unleash the Thunder. But unsubstantiated weight loss claims were just the start. The FTC says the defendants lured people in with bogus promises of a “free” trial or deceptive buy-one-get-one (BOGO) offers. Then they tricked consumers into giving their credit or debit card information with the false implication that consumers had to “just pay shipping.”   Digits in hand, the defendants really went to town, allegedly signing consumers up without their authorization for a negative option program that billed their accounts over and over again, to the monthly tune of between $60 and $210. The FTC says the defendants violated ROSCA by using a negative option feature without providing clear and conspicuous disclosures, getting the consumer’s express informed consent, and offering a simple mechanism for stopping the recurring charges. The FTC’s complaint also cites the defendants’ hard-to-find and hard-to-understand fine-print “terms and conditions,” which consumers could reach only by scrolling through the equivalent of two printed pages and clicking on an obscure hyperlink. Assuming they found it – and that’s a big if – the typical “terms and conditions” document was 10 pages long. On some websites, consumers had to scroll down the payment page to see further fine-print disclosures about the cost of the products. The first sentence reiterated what consumers generally understood (“You must pay a shipping and handling fee of $4.95 for us to send you a full 30 day supply of Garcinia Cambogia Extract”) but it wasn’t until the middle of the paragraph that the defendants mentioned that the trial period lasts only 14 days, that it began when the items were shipped (not delivered), and that consumers would be charged after that. Other websites didn’t even include that information. According to the lawsuit, consumers who attempted to take the defendants up on their money-back guarantee were met with a series of undisclosed roadblocks. In addition to the ROSCA counts, the FTC says the defendants’ practices violated the Electronic Fund Transfer Act by debiting consumers’ accounts on a recurring basis without their prior written authorization. What’s more, the complaint charges that the defendants continued to call people after being told to cut it out, in violation of the Telemarketing Sales Rule’s entity-specific Do Not Call provisions. The FTC says they also violated the TSR through a series of deceptive upsells. A federal judge has entered a temporary restraining order and the FTC is seeking to put a permanent stop to the defendants’ illegal practices. If your clients have ROSCA questions, the","source":"FTC USA Business Blog Posts"},{"titre":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs","url":"https://www.ftc.gov/business-guidance/blog/2019/03/nixing-fix-warranties-mag-moss-restrictions-repairs","pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","description":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs lfair March 18, 2019 | 10:24AM Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs By Lesley Fair First, the bad news: That nifty purchase needs a repair. Now the good news for consumers: It’s still under warranty. But where can they go to get it fixed? Can the manufacturer restrict a consumer’s ability to go to the independent repair shop of their choice? Can the manufacturer use glue, non-standard screws, and proprietary diagnostic software that make it difficult for independent repair shops to fix things? Do limitations like these affect consumers’ rights under the Magnuson-Moss Warranty Act ? That’s the topic of Nixing the Fix: A Workshop on Repair Restrictions , an FTC event scheduled for July 16, 2019 . Enforced by the FTC, the Magnuson-Moss Warranty Act helps consumers make informed buying decisions and gives them access to remedies if the widget starts to fidget during the warranty period. One key consumer protection under Mag-Moss is that the law prohibits manufacturers from conditioning warranty coverage on the use of particular products or services. Here are some of the questions FTC staff intends to ask at Nixing the Fix : What’s the interplay between repair restrictions and the Magnuson-Moss Warranty Act’s anti-tying provision, which establishes that manufacturers can’t condition coverage on the use of parts or services identified by brand, trade, or corporate name? Do repair restrictions affect the market for extended warranties and service agreements? What types of restrictions are consumers running into when they try to get their stuff repaired? Are manufacturers’ restrictions having an impact on small fix-it businesses? Are manufacturers using software that may render products obsolete or unfixable if consumers engage in DIY or go to a local repair shop? Are repair restrictions necessary to reduce the risk of physical injury or to protect manufacturers from liability for products improperly repaired by others? Do consumers understand the effects of repair restrictions? We’re also looking for empirical research and data about the prevalence and impact of manufacturers’ repair restrictions. For example, what can you tell us about code that disables products that have been repaired by someone other than the manufacturer, product designs that make third-party repairs difficult (like attaching batteries with glue only the manufacturer can remove), contractual post-sale or licensing restrictions, or proprietary diagnostic software and replacement parts? Please send us your research and data by April 30, 2019. Do you have suggestions about possible panelists? Email us at nixingthefix@ftc.gov . Nixing the Fix will take place on July 16th at the FTC’s Constitution Center conference facility, 400 7th Street, S.W., in Washington, DC. It’s free and open to the public. You can file public comments online and we’ll keep the record open until September 16, 2019. Follow the Business Blog for more information about the agenda and for watch-the-webcast instructions.","id":3199073,"source":"FTC USA Business Blog Posts"},{"source":"FTC USA Business Blog Posts","description":"First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim lfair August 6, 2018 | 11:11AM First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim By Lesley Fair T he marketers behind a purported money-making promotion called Sellers Playbook appear to have skipped the chapter about complying with federal and state consumer protection laws. That’s the allegation in a complaint filed by the FTC and the Minnesota Attorney General . In addition, it’s the FTC’s first case charg ing violations of the Consumer Review Fairness Act. The roots of the allegations go back to another venture sued by the FTC earlier this year: FBA Stores, also known as Amazing Wealth System and Amazon Wealth Systems. The defendants in that case ran online ads and in-person workshops that claimed to reveal the secret s of making major money on Amazon. But few, if any, of the consumers who forked over thousands of dollars and implemented their “plug-and-play systems” earn ed the kind of cash the defendants claimed. Which brings us to Sellers Playbook, Exposure Marketing, Jessie Conners Tieva, and Matthew Tieva – Minnesota-based defendants charged with pitching the same kind of “secrets” to making big bucks on Amazon . According to the just-filed lawsuit , the striking similarities should come as no surprise. That ’s because defendant Jessie Tieva was a regular speaker at Amazing Wealth Systems’ workshops. How successful was she in getting consumers to sign up? The complaint charges that Ms. Tieva and her team generated more than $3.4 million in sales for Amazing Wealth Systems. And let’s be clear: We’re not talking about $3.4 million in sales by consumers who successfully implemented the system. We mean $3.4 million that consumers shelled out to the operators of Amazing Wealth Systems for which Tieva was paid a handsome commission. The complaint alleges that the new Sellers Playbook venture is, in effect, a copycat of the now-defunct Amazing Wealth Systems operation. The earning claims certainly have a familiar ring to them. Here’s how Sellers Playbook touted their “opportunity”: “Holy cow, guys. That’s when you start seeing the returns of what we want you to have, $20,000 a month,” “Potential Net Profit: $1,287,463.38,” “Starting with $1000...1 year later over $210,000,” and “How many of you would like to learn how to turn a $5- to $10,000 investment into a $25- to a $1.2 million return with your investment? Yeah. And you’re going to learn those strategies before you leave here today. There are a few other things Amazon Wealth Systems and Sellers Playbook have in common: 1) Neither company has any affiliation with Amazon; and 2) Both companies charged consumers hundreds of dollars – or even hefty five-figure fees – to sign up. Of course, few consumers make the kind of earnings the defendants claimed. According to the complaint, many of the webpages promoting Sellers Playbook contained an inconspicuous earnings disclaimer in grey near the bottom of the page. What’s more, at a live event, the defendants briefly displayed this slide, which one of the presenters downplayed with this statement: “That’s why they have us do this again. It makes the lawyers happy, disclaimers. But you got to do your part. Money’s not going to fall from the sky. But as long as you do a part, it’s going to happen.” T he complaint challenges the defendants’ earning claims as false or unsubstantiated under FTC law and the Minnesota Prevention of Consumer Fraud Act. What’s more, the lawsuit alleges multiple violations of the FTC’s Business Opportunity Rule . The FTC and the AG also charge that provisions in the defendants’ form contracts try to restrict consumers’ ability to post reviews of their products, services, or conduct , in violation of the Consumer Review Fairness","id":3199075,"titre":"First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim","url":"https://www.ftc.gov/business-guidance/blog/2018/08/first-consumer-review-fairness-case-takes-promoters-big-bucks-amazon-claim","pubDate":"Tue, 06 Oct 2026 08:06:23 +0200"},{"source":"FTC USA Business Blog Posts","description":"Two on the aisle for FTC’s “That’s the Ticket” workshop lfair June 6, 2019 | 10:40AM Two on the aisle for FTC’s “That’s the Ticket” workshop By Lesley Fair Humphrey Bogart said it in “The African Queen” and it was a catchphrase popularized by Jon Lovitz on “Saturday Night Live.” But to the FTC, That’s the Ticket is the name of a June 11, 2019, workshop to explore consumer protection issues related to online ticket sales – and the agenda is out now. Consumers who try to buy tickets online to a concert, theatrical performance, or sporting event have often expressed frustration with the process. That’s the Ticket will bring together advocates, industry members, academics, and law enforcers to explore the topic from the consumer’s perspective. FTC Commissioner Slaughter will open the event at 9:30 ET. Next on the agenda: Professor Eric Budish from the University of Chicago’s Booth School of Business, who will share his insights into the issues. The first panel will explore Bots and the BOTS Act . Passed in 2016, the Better Online Ticket Sales Act makes it illegal to “circumvent a security measure, access control system, or other technological control or measure on an Internet website or online service that is used by the ticket issuer to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.” The next panel will address Other Consumer Protection Issues Around Ticket Availability . After a mid-day break, the topic will turn to The Adequacy of Ticket Price and Fee Disclosures . Do consumers have accurate information about how much they’ll be charged? The last panel of the afternoon will consider Consumer Confusion: What and From Whom Am I Buying? Do buyers have a clear picture of what they’re getting and the identity of the seller? Mary Engle, Director of the FTC’s Division of Advertising Practices, will offer closing remarks. Ironically enough, you don’t need a ticket to attend That’s the Ticket , which will take place on June 11th at the FTC’s Constitution Center conference facility, 400 7th Street, S.W., in Washington, DC. The event is free and open to the public or you can watch via webcast, which will go live moments before the 9:30 ET starting time on the That’s the Ticket event page. We’ll also live tweet using the hashtag #FTCticket.    ","id":3198174,"url":"https://www.ftc.gov/business-guidance/blog/2019/06/two-aisle-ftcs-thats-ticket-workshop","titre":"Two on the aisle for FTC’s “That’s the Ticket” workshop","pubDate":"Mon, 05 Oct 2026 14:07:45 +0200"},{"pubDate":"Mon, 05 Oct 2026 08:07:09 +0200","titre":"FTC challenges Online Trading Academy’s money-making claims","url":"https://www.ftc.gov/business-guidance/blog/2020/02/ftc-challenges-online-trading-academys-money-making-claims","source":"FTC USA Business Blog Posts","id":3197414,"description":"FTC challenges Online Trading Academy’s money-making claims lfair February 12, 2020 | 4:35PM FTC challenges Online Trading Academy’s money-making claims By Lesley Fair Ads for health products often target Boomer Consumers, but those aren’t the only claims pitched to people looking toward retirement. An FTC action alleges a company called Online Trading Academy has taken in more than $370 million by gearing its deceptive representations to that demographic. In addition, the complaint alleges violations of the Consumer Review Fairness Act. According to the FTC, the California-based operation, related companies, and three individual defendants advertise a “patented strategy” that consumers can apply “to any asset class including stocks, options, futures and currencies” to rake in big money. They claim their “training programs” – with price tags as high as $50,000 – will teach consumers how to “invest like the pros on Wall Street.” ”No matter your experience and goals,” people were told the defendants’ “proven” strategy was “designed to make money in any market, whether it’s going up or down.” The complaint recounts the process the defendants use to attract consumers through TV and radio ads, online promotions, and direct mail. First comes an in-person “preview” seminar. Next, people pay $299 for a three-day “orientation.” That’s where the defendants urge attendees to sign up for seminars costing thousands more. The defendants assign each attendee an “Education Counselor” – a/k/a salesperson working on commission – who follows up by phone or email. According to the complaint, the defendants train their Education Counselors not to “look like, act like or sound like, a traditional salesperson,” but instead to take on a “role” and lead consumers through “The Pain Funnel,” Q&A designed to overcome consumer qualms. To get people to sign up for more seminars, the defendants routinely offer to finance all or part of the cost with loans at 18%, with the promise to forgive the interest if the consumer pays the total off within six months. The FTC says that in some instances, the defendants lead buyers to believe they’ll be able to repay the loan quickly with money they’ll make using that “patented strategy.” So how much does Online Trading Academy say consumers will earn? A central theme of their pitch is “You don’t have to work on Wall Street to make money like Wall Street.” Infomercials feature purchasers claiming that “in three hours I made $12,000” or “I made $32,000 in less than seven trading days.” In a YouTube video, a retiree says he made “$40,000 in a single trade.” In addition, a speaker at a live event claimed consumers “could potentially make $50,000 of annual income with an account size as low as $5,000” because Online Trading Academy has “a patent on the fact that you can time the markets,” which “gives us the ability to know when to get in and when to get out, long-term and short-term.” Other speakers – including some of the named defendants – paint a picture of lavish lifestyles filled with international travel, a “super luxury car” every year, and homes in areas where kids have “live-in nannies, cooks, gardeners.” One speaker said the money he made using Online Trading Academy’s strategy allows him to live in an enclave so exclusive that a neighbor, a renowned Olympic gold medalist, taught his daughter to swim. But the facts paint a different picture. The FTC alleges the defendants don’t systematically collect data sufficient to substantiate their earnings claims. But even the evidence they do have gave them good reason to know their representations are deceptive. For starters, according to the FTC, the defendants know that few consumers who"},{"id":3196242,"description":"Made in USA? Avoiding a Yankee Doodle Don't wfg-adm109 October 21, 2013 | 11:17AM Made in USA? Avoiding a Yankee Doodle Don't By Lesley Fair There are lots of nifty phone accessories, bottle holders, tow straps, pet items, and lanyards out there.  So a label that says the product is Made in the USA may help make the decision for some consumers.  When it bears the American flag and says “TRULY MADE IN THE USA,” that just might seal the deal.  But according to an FTC lawsuit , a lot of the “Made in the USA” merchandise touted by Logan, Utah-based E.K. Ekcessories wasn’t really made in the USA – turning the company’s claims from a Yankee Doodle Do to a Yankee Doodle Don't. E.K. Ekcessories sells a variety of outdoor equipment through popular retailers and on its own site.  In addition to the labels, the company touted its products’ U.S. pedigree with statements like “For 28 years E.K. Ekcessories has been producing superior quality made accessories in our 60,000 sq. ft. facility in Logan, Utah,” and “Our source of pride and satisfaction abounds from a true ‘Made in USA’ product.” To say an item is made in the USA, all or virtually all of it has to be U.S.-made.  In other words, all significant parts and processing must be of U.S. origin, and the product should contain no – or negligible – foreign content. That’s the standard explained in the FTC’s 1997 Enforcement Policy Statement on U.S. Origin Claims.  But according to the complaint, in many cases, E.K. Ekcessories made “Made in USA” representations that were flat-out false.  In other instances, the FTC says the company slapped a label on a product without a reasonable basis for making the claim.  Both courses of conduct violate the FTC Act. Under the proposed order, the company can’t say a product is made in the USA unless all or virtually all of it really is made in the United States.  The order also bans other misleading claims about products’ country of origin. Given that other companies are selling the deceptively labeled merchandise, E.K. Ekcessories has to contact all distributors who bought or received products between January 1, 2010 and May 1, 2013, explaining the FTC’s lawsuit.  The retailers will be asked to pull marketing materials that say all E.K. Ekcessories stuff is U.S.-made or that describe a specific list of products as made in the United States, of U.S.-origin, or “Truly Made in the USA.”  For certain lines of products, they’ll get stickers to cover the inaccurate claims. You can file an online comment about the proposed settlement by November 21, 2013. The message for marketers?  First , it’s a good time to brush up on how to comply with Made in USA standards.  The Business Center has a dedicated Made in USA page to make that easier for you.  Second , given just how important many consumers take a Made in USA claim, companies that make that statement falsely or without a reasonable basis are risking law enforcement action.  Truly.","source":"FTC USA Business Blog Posts","pubDate":"Sun, 04 Oct 2026 08:05:12 +0200","url":"https://www.ftc.gov/business-guidance/blog/2013/10/made-usa-avoiding-yankee-doodle-dont","titre":"Made in USA? Avoiding a Yankee Doodle Don't"},{"source":"FTC USA Business Blog Posts","id":3195787,"description":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening.  But that’s not the only way the Spokeo settlement touches on social media.  The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant?  No, said the FTC.  According to the complaint , Spokeo directed its employees to write the comments.  Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo.  The purpose, says the FTC, was to give readers the misleading impression that the laudatory words had been posted by independent consumers or business users of Spokeo. The FTC’s revisions to its Endorsement Guides made headlines a few years ago.  Ironically enough, the provision that seemed to attract the most attention is one that didn’t change.  It’s the law — and it’s always been the law under Section 5 — that consumers have a right to know when there’s a material connection between an advertiser and an endorser.  Here’s how the Guides put it:  \"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement ( i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed.\" According to the FTC, by posting comments that conveyed the untruthful impression that they came from satisfied users of Spokeo’s services, Spokeo engaged in false and misleading practices.  To settle the endorsement count in the lawsuit, Spokeo has agreed that it won’t misrepresent, expressly or by implication, the status of any user of a product or service — for example, that someone is an independent, ordinary endorser if that’s not the case.  The company also will clearly and prominently disclose any material connection between an endorser and Spokeo (or any other entity advertising, selling, or promoting a product) when a connection exists.  What about the bogus endorsements already posted?  Spokeo has seven days to take all reasonable steps to pull them down. Looking for more about complying with the Endorsement Guides?  Read The FTC’s Revised Endorsement Guides: What People are Asking and watch this video: While you’re at it, share this post and those resources with your marketing staff, your ad agency, your PR firm, and anyone else who plays a role in your publicity and promotions. Next:  What the Spokeo settlement means for your business, your next ad campaign, and your job search","pubDate":"Sat, 03 Oct 2026 14:06:13 +0200","titre":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements","url":"https://www.ftc.gov/business-guidance/blog/2012/06/speaking-spokeo-part-2-companys-allegedly-bogus-endorsements"},{"pubDate":"Sat, 03 Oct 2026 08:09:37 +0200","url":"https://www.ftc.gov/business-guidance/blog/2014/11/company-pay-22-million-offering-free-credit-scores-turned-out-be-not-so-free","titre":"Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free","id":3194913,"description":"Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free wfg-adm109 November 19, 2014 | 11:12AM Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free By Lesley Fair We’ve brought law enforcement actions – dozens of ‘em. We’ve held workshops, issued reports, and sent warning letters. If it takes sky writing, tap dancing, and a float in a Thanksgiving Day parade, we’ll do that, too. But here’s what’s not going to happen. The FTC is not giving up until businesses get the message that: 1) Free means free; and 2) Key terms and conditions have to be clearly and conspicuously disclosed. A $22 million settlement announced by the FTC and the AGs of Illinois and Ohio with a national credit monitoring service advertising so-called “free” credit scores emphasizes that point. Another note for practitioners: It's the FTC's third case alleging violations of ROSCA . One Technologies and related outfits marketed their credit monitoring programs, MyCreditHealth and ScoreSense, through at least 50 sites, including FreeScore360.com, FreeScoreOnline.com and ScoreSense.com. Their strategy was simple. Buy advertising on search engines so their ads show up near the top when people look for phrases like “free credit report\" and then follow up with a persuasive pitch: “View your latest Credit Scores from All 3 Bureaus in 60 seconds for $0!” According to the lawsuit , the defendants failed to clearly tell consumers that if they availed themselves of those “free” services and didn’t cancel within seven days, the defendants would ding their credit cards for $29.95 a month over and over and over again. The complaint includes screen shots of the defendants’ sites, but before looking at them, take out your reading glasses because they’ll come in handy in trying to locate where the defendants chose to tell people about that $29.95 monthly fee. One line of fine print added in late 2012 said “Free 7-Day trial when you order your 3 Free Credit Scores. Membership is then just $29.95 per month until you call to cancel.” The first problem: The type was tiny – a fraction of the size of the defendants’ multiple use of the word “free.” The second problem: Why should consumers even have to be on the look-out for the cost, given that the defendants so prominently advertised it as “free”? A second purported disclosure appeared as an obscure hyperlink on the page where people typed in their Social Security number and birthdate.  Sandwiched between the logos of various security firms and a large color button that said CONTINUE was this less-than-crystal-clear statement: By clicking on the ‘Continue’ button, you agree to the Offer Details, to the Terms and Conditions, acknowledge receipt of our Privacy Policy and agree to its terms . . . The “Offer Details” link triggered a small pop-up that said, among other things, “At the end of the 7-day trial period, your credit/debit card will be charged $29.95 on a monthly basis until you call to cancel.” Another place the defendants put the information was on a side panel of the Payment Form in white letters on a grey background – a color combination one of the defendants’ own employees described as “known to cause seizures in lab rats.” According to the complaint, once people spotted the unauthorized charges on their accounts, the defendants didn’t make it easy to stop the billing.  And even when people asked for their money back because they hadn’t approved of the charges, the defendants denied refunds to many of them. The lawsuit alleges violations of the FTC Act, as well as the Illinois Consumer Fraud Act, the Ohio Consumer Sales Practices Act, and related state rules. In addition, the complaint is the third FTC action to charge violations of ROSCA, the Restore Online Shoppers’","source":"FTC USA Business Blog Posts"},{"pubDate":"Wed, 01 Jul 2026 08:09:43 +0200","titre":"FTC Requires Amazon to Pay $2.25 Million to Resolve Charges It Knowingly Violated the Fair Credit Reporting Act","url":"https://www.ftc.gov/news-events/news/press-releases/2026/06/ftc-requires-amazon-pay-225-million-resolve-charges-it-knowingly-violated-fair-credit-reporting-act","source":"Federal Trade Commission - Protecting America's Consumers","id":2997627,"description":"Amazon will pay $2.25 million in civil penalties to settle Federal Trade Commission allegations that the online retail giant knowingly violated the Fair Credit Reporting Act (FCRA) by refusing to provide transaction records to consumers whose personal information was used by identity thieves to commit fraud. The complaint , filed by the Department of Justice upon notification and referral from the FTC, alleged that in numerous instances, Amazon.com Inc. failed to comply with Section 609(e) of the FCRA, which requires companies to, within 30 days of a consumer’s request, provide victims of identity theft with application and business transaction records about fraudulent transactions made in their names. According to the complaint, Amazon had no written policy to respond to Section 609(e) requests until early 2025, after it learned of the FTC’s investigation, despite prior outreach from FTC staff advising the company to review its compliance with Section 609(e). “Amazon often put identity theft victims through a Kafkaesque ordeal by demanding they identify the thief who stole their information before Amazon would release the records the law entitles them to—records that could help victims protect themselves and recover from the fraudulent conduct,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC will not allow companies to simply ignore their legal obligations, especially those designed to support and protect identity theft victims.” Many consumers who contacted Amazon to report fraud were told by its customer service agents that they could not provide the requested records for “security” or “privacy” reasons, the complaint alleged. For example, one consumer reported that when they contacted Amazon seeking business records related to unauthorized charges stemming from a fraudulent account, a company representative said they could not share details about the other account that had used the consumer’s credit card for “security reasons” unless the consumer guessed the name on the account (the name used by the identity thief), which the consumer was unable to do after making 30 attempts. The complaint alleged that in other instances, Amazon agents told consumers they were not able to access the requested records. Amazon even refused to provide application and business transaction records to law enforcement agencies who had been authorized to, and who did, submit requests to Amazon on behalf of consumers who were victims of identity theft. Some frustrated consumers resorted to sending copies of the FCRA and FTC guidance to Amazon in hopes of receiving the requested records, but Amazon still failed to comply with the law. The complaint also alleged that in some cases where Amazon ultimately provided requested records, it failed to respond to consumers within the 30-day timeframe required by the FCRA. In addition to the $2.25 million civil penalty—a record for a Section 609(e) violation—the proposed order will prohibit Amazon from failing to comply with Section 609(e) of the FCRA, requiring the company to provide the records lawfully requested by identity theft victims and law enforcement agencies acting on their behalf. The order also requires Amazon to provide notice to consumers about how identity theft victims can request records under the FCRA. The company must also contact consumers who had requested records since April 2024 from Amazon but did not receive them to inform these consumers that it may have additional records and that the consumers may request those records from Amazon. This is the second case the FTC has brought using its authority under Section 609(e) of the FCRA. The FTC announced its first case involving a violation of Section 609(e) of the FCRA in 2020 against Kohl’s Department Stores Inc . The Commission voted 2-0 to authorize the staff to refer the complaint to the DOJ and to approve the proposed stipulated order. The DOJ filed the complaint and final"}]