[{"description":"UT ref: UA-2026-000083-PIP In the Upper Tribunal Administrative Appeals Chamber 28 October 2026 Before: Stewart Wright Judge of the Upper Tribunal Between: LC -v- Secretary of State for Work and Pensions Anonymity Order Appellant: LC Respondents: Secretary of State for Work and Pensions Tribunal: First tier Tribunal (Social Entitlement Chamber) Tribunal venue: Scarborough Tribunal Case Nos: SC231/24/00181 Tribunal decision date: 29 August 2025 NOTICE: Any breach of this order is liable to be treated as a contempt of court and may be punishable by imprisonment, fine or other sanctions under section 25 of the Tribunals, Courts and Enforcement Act 2007. The maximum punishment that may be imposed is a sentence of two years’ imprisonment or an unlimited fine. It is ordered , under rule 14(1)(b) of the Tribunal Procedure (Upper Tribunal Rules) 2008, that, without the permission of this Tribunal, no one shall disclose or publish the name, or any part of the address, of the appellant in these proceedings or publish or reveal any other information that would be likely to lead to the identification of the appellant. The appellant shall be known as LC. Anyone who objects to this order may apply to the Upper Tribunal for it to be varied or set aside. A copy of this Order shall be published on the website of the Judiciary of England and Wales. REASONS This anonymity order is made on the application of the appellant. It is sought because “the appeal involves a disabled claimant and details of their disability are to reasonably be inferred from a prospectively publicised decision”. I have by a separate decision allowed the appellant’s appeal to the Upper Tribunal. That decision will be published on public facing websites and, if no anonymity order is made, the appellant would be named in that decision. The principle of open justice is of fundamental importance to the justice system. An aspect of open justice is that parties’ names are made public. Derogation from this principle requires justification. Particular regard must be given to the importance of the right to freedom of expression, including the right to publish reports of cases. In this case, I am satisfied that it is necessary to derogate from the open justice principle to the limited extent of not naming the appellant. The appellant has ADHD and anxiety and depression and those features of his health and conditions need to be referred to in the decision on the appeal. In that context, I am satisfied that an anonymity order should be made because I accept a risk of harm could arise for this vulnerable appellant if he was to be identified in these proceedings, because those health details would then be in the public domain. The public interest in open justice and freedom of expression will still be served by this order and the final decision in this appeal being published online. The letters LC are not the appellant’s initials. The post LC v Secretary of State for Work and Pensions (anonymity order) appeared first on Courts and Tribunals Judiciary","id":3248599,"source":"Judgement Courts Tribunals England Wales","url":"https://www.judiciary.uk/judgments/lc-v-secretary-of-state-for-work-and-pensions-anonymity-order/","titre":"LC v Secretary of State for Work and Pensions (anonymity order)","pubDate":"Thu, 29 Oct 2026 08:01:50 +0100"},{"source":"The Conversation – Articles (FR)","description":"KEY TAKEAWAYS The French high schooler-led uprising is not a sign of a generational struggle pitting the young against baby boomers. The uprisings indicate a state of discontentment reflecting three grievances: failings within the education system, eco-anxiety and concerns over employment in the age of AI. Far from demanding a break with the established order, young protesters are simply asking for the right to live a good and fair life... like their predecessors before them. Rarely has Freud’s Civilization and Its Discontents seemed so relevant to the times in which we are living. Although the discontents we are currently witnessing do not necessarily affect society as a whole, they are certainly impacting an entire generation born in the 21st century, as well as their parents and their social environment. Admittedly, we know that generations are not homogeneous and that any attempt to generalise is an oversimplification. Nevertheless, the high schoolers that are taking to the streets to protest in this day and age belong to a relatively homogeneous age cohort. You would be forgiven for thinking that the current unrest is the result of a clash of generations. From the outside, it is often viewed as a generational tug of war between a struggling young population and the rest: an aging but relatively prosperous Europe . Criticism is, without doubt, being directed at “baby-boomers” or those born during the thirty years following World War II (which were marked by economic prosperity and low unemployment, conditions that now seem a world away today). The problem lies elsewhere Nevertheless, this is not a generational conflict, and the fact that a substantial proportion of parents , as well as the majority of the population , share the students’ demands shows that the problem lies elsewhere. These demands are nothing new, and they help explain why many parents joined their children during the first demonstrations, along with teachers, to show their support over deteriorating conditions in high schools. The students and their initial demands were hijacked by more politically radical movements, some even revolutionary or anarchist, as well as opportunistic groups that took advantage of the disorder to loot shops and businesses, without any tangible political agenda. According to an official report dated October 14, 2026, “937 law enforcement officers, 248 students and 149 members of educational staff have been injured since the beginning of the high school student movement.” The demonstrations on October 18 resulted in more than 1,800 arrests . The proliferation of various groups with overlapping demands muddles the student movements’ original message, leaving us with little more than the smouldering remnants of a battlefield. Nevertheless, it is the central concerns of these students that I wish to explore here. Ultimately, this movement appears to lie at the intersection of several anxiety-inducing issues. Rather than speaking of a convergence of struggles, we should speak of a convergence of anxieties. Three sources of anxiety The movement appears to reflect the convergence of three factors that are also sources of concern: the perceived deterioration of public education ecological anxiety the new difficulties young people face in the labour market, particularly those associated with the development of artificial intelligence (AI). These three factors provide fertile ground for psychosocial anxiety. The high school students’ main demands appear legitimate and concern improving working conditions: replacing absent teachers, shortening excessively long school days, reducing the number of students per class, repairing and maintaining infrastructure, and improving or abolishing Parcoursup , the widely criticised higher education admissions platform that is often difficult to understand. These demands echo the broader perception that conditions in the French school system have deteriorated and that the system is relatively inefficient compared with those of neighbouring countries.","id":3248553,"titre":"France: three overlapping woes are fuelling a generation of discontent","url":"https://theconversation.com/france-three-overlapping-woes-are-fuelling-a-generation-of-discontent-295102","pubDate":"Thu, 29 Oct 2026 07:58:22 +0100"},{"titre":"CALL Member Article: Gender Inclusivity in Canadian Legal Writing and Style Guides","url":"https://www.callacbd.ca/CALL-Blog/12854401","pubDate":"Mon, 26 Oct 2026 07:55:48 +0100","description":"CALL member Dominique Garingan , Library Manager in the Calgary office of Parlee McLaws LLP, recently wrote an article on \" The Singular They: Gender Inclusivity in Canadian Legal Writing and Style Guides \" . It originally appeared on the website Notes Between Us on June 22, 2022 . It is reprinted here with permission. Language is a product of culture, and it is known that the English language lacks a singular pronoun that signifies the non-specific   he   or   she . Although at times unintentional, this singularity versus plurality of pronouns, coupled with gendered indicators, has helped entrench the binary perceptions of gender found in writing which we are now seeking to change.  The Department of Justice of Canada recently provided a   series of guidelines   on the use of gender-neutral language in a legislative context. These guidelines include as a recommendation the use of the singular   they   and its other grammatical forms ( them ,   themselves , and   their ) to refer to indefinite pronouns and singular nouns 1 . In addition, dictionaries such as the Oxford English Dictionary ( definition 2 | blog ), the Canadian Oxford Dictionary ( definition 3 ), the Cambridge Dictionary ( definition ) and the Merriam-Webster Dictionary ( definition | blog ) have acknowledged both the acceptability – and, for some, the controversy – of the singular   they. While there seems to be a growing acceptance towards gender inclusive and non-binary pronouns, this post seeks to explore an increasingly acknowledged yet still seemingly paradoxical entity in legal writing:   the singular   they . This post briefly investigates the use and acceptance or lack thereof of   they   as a singular pronoun through a review of a limited sample of Canadian legal research, writing, and style guides accessible to the writer. Although current writing practices on gender inclusivity may have since changed since the publication of these titles, this post hopes to assist writers, researchers, librarians, and information professionals by providing a non-exhaustive point-in-time review of Canadian legal writing references and help facilitate a turning point in the journey towards greater inclusivity in legal writing. The Literature Reviewed (in Reverse Order of Publication) Edward Berry,   Writing Reasons: A Handbook for Judges , 5th ed (Toronto: LexisNexis Canada, 2020).  In the sample of guides reviewed,   Writing Reasons   seemed to provide the most inclusive perspective in its instruction. It was somewhat refreshing to see a writing handbook for judges as being the most progressive in its recommendations, albeit also the most recently published. The guide contains a section entitled   Prejudicial Language   and provides a checklist for more inclusive strategies. (p 114-115) “Invite the parties to define their own identity” is first on the list. As an example, Berry notes that some people may prefer the gender neutral   Mx.   to   Mr.   or   Ms . “Be wary of personal pronouns” is also listed. Here, Berry states that those who don’t identify as male or female may prefer   they . Berry notes the acceptance of   they   as a singular pronoun. However, the","id":3241470,"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog"},{"url":"https://www.ftc.gov/business-guidance/blog/2018/10/ftc-sues-american-immigration-center-claiming-false-government-affiliation","titre":"FTC sues American Immigration Center for claiming false government affiliation","pubDate":"Thu, 08 Oct 2026 08:06:59 +0200","source":"FTC USA Business Blog Posts","description":"FTC sues American Immigration Center for claiming false government affiliation lfair October 16, 2018 | 12:16PM FTC sues American Immigration Center for claiming false government affiliation By Lesley Fair When the FTC warns consumers about government imposter scams, we’re usually referring to bogus calls that falsely claim to come from the IRS or some other official office. But as a case just announced by the FTC demonstrates, that’s not the only kind of false government affiliation that can deceive consumers. A $2.2 million settlement with American Immigration Center reminds other businesses of the dangers of conveying a misleading connection to a government agency. When consumers wanted to renew their green cards or apply for naturalization, where did they go? Online, of course, where they input terms like “USCIS,” “INS,” or “US Immigration” to search for the proper government site. According to the FTC, that’s how they ran across results with tag lines like “USCIS Forms – Easy Online Forms for Green Card & Citizenship.” A click took them to sites with the outward appearance of official government webpages. First, there were the URLs – usimmigration.us, uscitizenship.info, etc. Then there was the red, white, and blue color scheme, the Statue of Liberty, passports, and pictures of then-President Obama. What’s more, people looking for, say, Green Card Renewal Form I-90, saw links with the exact name of the relevant document. According to the FTC, people paid between $120 to $300 and input a substantial amount of personal information, all under the impression they were filing documents directly with a government agency. Except that they weren’t. Despite the appearance of those pages, consumers were actually on one of many commercial sites the defendants used to sell their “software wizard” to fill out government immigration forms. And the money consumers paid didn’t go toward government filing fees. It went straight into the defendants’ pockets. In addition to the $2.2 million judgment, the defendants have agreed to clearly disclose that: 1) their sites aren’t affiliated with the government; 2) people must separately file immigration applications with the appropriate government agency; and 3) people must separately pay applicable filing fees to the government. The proposed order also bars the defendants – principal Cesare Alessandrini and Forms Direct, Inc., doing business as American Immigration Center – from stating or implying any affiliation with the government. What’s the message for other companies? Avoid an affiliation conflation. Look at your ads and websites from the point of view of your target audience. Could prospective customers be left with the misimpression that your company has an affiliation with a government agency? Steer clear of any purported connection to a local, state, or federal government office. Consider the big picture. The complaint in this case cited the words the defendants used to convey claims to consumers, as well as what their websites looked like. That’s because, according to the FTC Deception Policy Statement , “The Commission will evaluate the entire advertisement, transaction, or course of dealing in determining how reasonable consumers are likely to respond.” That specifically includes visual imagery and the omission of material information. Wise companies bear in mind the FTC’s long-established “net impression” standard and exercise caution in drafting their copy, selecting graphics, and choosing what they say – and what they don’t say – to consumers.","id":3203252},{"pubDate":"Thu, 08 Oct 2026 08:06:58 +0200","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","source":"FTC USA Business Blog Posts","id":3203247,"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"},{"source":"FTC USA Business Blog Posts","id":3201877,"description":"Root, root root for the regions lfair September 24, 2018 | 2:03PM Root, root root for the regions By Andrew Smith, Director, FTC Bureau of Consumer Protection T his year eight major league baseball teams are celebrating milestone anniversaries – and so are the FTC’s regional offices. In 1918, the Commission opened the first three of its regional offices. Today, eight regional offices continue to knock it out the park on behalf of America’s consumers. So it’s only fitting that on this momentous day we acknowledge the regional offices’ century of pennant-winning performances. According to the Commission’s 1918 Annual Report, “In order to expedite the greatly increased work of the Commission . . . small branch offices were established in New York, Chicago, and San Francisco.” Over time, the FTC has added other locations for a current total of eight offices in seven regions. Regional staff work with the Bureau of Consumer Protection and the Bureau of Competition on investigations and litigation. But they are in a unique position to host roundtables and workshops in their communities; to coordinate with local, state, and cross-border law enforcers; and to build partnerships with consumer groups and small business organizations within their region. According to the scouting report, there isn’t a pitch they can’t hit. Here’s a brief look at each region’s box score with a focus on just a few of their many MVP contributions to the FTC’s consumer protection mission. East Central Region . In 1918, the Cleveland Indians finished just out of pennant contention, but the FTC’s Cleveland-based office works hard to bring home the W for consumers and small businesses. For example, ECR has brought a number of cases over the past two decades to protect small businesses in their area and around the country, including cramming, business directory, and unordered merchandise scams. Recently, ECR played a central role in Operation Main Street, the FTC’s recent initiative against scammers targeting small businesses. Midwest Region . Chicago fans may be divided in their loyalty to the Cubs and the White Sox, but consumers who lost money to scammers who used the services of a major money transfer company are united in their appreciation for the FTC-DOJ settlement that returned $586 million back to them. And just recently, MWR hosted the Commission’s workshop on cryptocurrency scams and took a lead role in Operation Tech Trap, a coordinated state, federal, and international effort to shut down tech support fraudsters. Northeast Region . Given New York’s connection to names like Huggins, Houk, Stengel, Berra, and Torre, it’s no wonder the FTC’s Northeast Region has particular expertise in coaching. But in NER’s case, it’s about companies that make deceptive “coaching” and money-making representations. The New York-based office also has been one of the FTC’s power hitters in addressing misleading practices in the affiliate marketing industry. And from their Big Apple location, NER has been a leader in educating consumers, particularly older Americans and small businesses. Northwest Region . Like their hometown Seattle Mariners, the FTC’s Northwest Region has a proven record of navigating the complexities on the field of play. NWR coordinated Operation Donate with Honor, a nationwide crackdown on fraudulent charities alleged to have conned consumers by falsely promising their contributions will help veterans and servicemembers. In addition, our team in Seattle regularly coordinates with Canadian counterparts to combat cross-border fraud. And they’ve been ahead of the curve on tech issues, bringing one of the FTC’s first internet cases in the 90s and more recently, an early online influencer action. Southeast Region . The Atlanta Braves boast a national fan base – and due to their expertise in fighting fraud, the FTC’s Southeast Region can be proud of its coast-to-coast impact,","pubDate":"Wed, 07 Oct 2026 14:05:07 +0200","titre":"Root, root root for the regions","url":"https://www.ftc.gov/business-guidance/blog/2018/09/root-root-root-regions"},{"url":"https://www.ftc.gov/business-guidance/blog/2017/10/clothes-look-rn-database-qa-ftc-staff","titre":"A clothes look at the RN database: Q&A with 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},{"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","pubDate":"Sun, 04 Oct 2026 08:05:12 +0200","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.","id":3196242,"source":"FTC USA Business Blog Posts"},{"description":"Judge orders $13.4 million in contempt action challenging BlueHippo hype lfair May 2, 2016 | 10:52AM Judge orders $13.4 million in contempt action challenging BlueHippo hype By Lesley Fair Animation fans remember the ballet-dancing pink hippos in Fantasia . In Egyptian mythology, the god of disorder was depicted as a red hippo. And many consumers – especially those already in financial distress – were drawn in by national TV and radio ads for BlueHippo, a company that claimed to finance the purchase of computers and other electronics for people with “less than perfect credit, bad credit, no credit.” A $13.4 million ruling by a United States District Judge in an FTC contempt action sends a message to hippos of all hues (and businesses) about the FTC’s commitment to effective order enforcement. In 2008, the FTC sued BlueHippo Funding and BlueHippo Capital for, among other things, not delivering ordered merchandise, failing to make disclosures required by the Truth in Lending Act and Regulation Z, and illegally conditioning the extension of credit on consumers’ “agreement” to repay by preauthorized electronic debit. One common tactic was that BlueHippo said it would deliver the product once the consumer made 13 weekly payments, but then didn’t make good on that promise. The FTC also alleged that in many instances, BlueHippo debited consumers’ accounts without first disclosing that consumers couldn’t get a refund even if they cancelled before delivery. The defendants settled that case , agreeing to pay up to $5 million in redress and to change how they did business in the future. The FTC went back to court in 2009 , alleging that BlueHippo was flouting the terms of the settlement and continuing to engage in illegal practices. The Court granted the FTC’s contempt motion against the corporate defendants and CEO Joseph Rensin, but entered a remedy of only $609,000. The FTC appealed the financial ruling. Arguing that there should be a presumption that consumers relied on the defendants’ misrepresentations and omissions, the FTC sought a contempt order of $14 million – the gross sales the defendants generated through their illegal conduct. The United States Court of Appeals for the Second Circuit ruled , “We agree with the FTC and join our sister circuits in adopting a presumption of consumer reliance in FTC civil contempt actions.” The appellate court remanded the matter to the trial court to determine “whether the FTC has demonstrated that it is entitled to a presumption of consumer reliance. If so, the court should use defendants’ gross receipts as a baseline for calculating the consumers’ actual loss, and defendants should then be afforded an opportunity to proffer evidence showing that an offset of the baseline is warranted.” What’s the latest development? On remand, the trial court entered a judgment against CEO Rensin for $13.4 million, the financial harm the court determined that consumers suffered as a result of the scheme. The case is another illustration of the FTC’s interest in effective order enforcement. To settle cases and then not follow through to see that defendants live up to their promises would be, well, hippo-critical.","id":3195790,"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2016/05/judge-orders-134-million-contempt-action-challenging-bluehippo-hype","titre":"Judge orders $13.4 million in contempt action challenging BlueHippo hype","pubDate":"Sat, 03 Oct 2026 14:06:14 +0200"},{"titre":"FTC Secures Settlement that Protects Small Businesses from Illegal Price Discrimination","url":"https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-secures-settlement-protects-small-businesses-illegal-price-discrimination","pubDate":"Sat, 03 Oct 2026 08:09:36 +0200","description":"The Federal Trade Commission secured a settlement agreement with Southern Glazer’s Wine and Spirits LLC, the nation’s largest distributor of wine and spirits, that will redress allegedly illegal price discrimination practices and make it easier for small businesses to compete against large chain retailers. The sweeping settlement covers nearly all Southern wine and spirits sales to the five largest chain retailers in 26 states. The settlement will also provide direct cash payments to harmed small businesses if an independent monitor finds that Southern violates the settlement order going forward. “This settlement marks a significant milestone for the FTC in its enforcement of the Robinson-Patman Act, which Congress enacted to empower small businesses to compete against large ones,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “Small businesses are an invaluable part of the American economy and way of life. The FTC is committed to ensuring that all businesses, no matter their size, can compete on a fair and level playing field to serve their customers and boost the entire American economy.” The FTC’s settlement with Southern delivers a successful conclusion to the Commission’s first enforcement action under the Robinson-Patman Act in a generation. Under the terms of a proposed stipulated order filed by the FTC , Southern will face limitations on its ability to charge small, independent retailers higher prices for wine and spirits than it charges competing large retail chains.  The FTC’s settlement resolves a  lawsuit brought by the Commission in 2024, which alleges that Southern violated the Robinson-Patman Act by depriving small, independent businesses access to discounts and rebates that were available to large competitors. As alleged in the complaint, these pricing practices interfere with the ability of independent retailers to compete against large national and regional chains and big box stores. Under the Robinson-Patman Act, it is generally unlawful for sellers to engage in price discrimination that harms competition by charging higher prices to disfavored retailers that purchase similar goods. According to the FTC’s complaint, Southern charged significantly higher prices for sales of identical bottles of wine and spirits during the same time period to independent retailers as compared to competing large chains, like Total Wine, Walmart and Kroger, even when the stores were located a few miles or even a few blocks from each other. Southern engaged in discriminatory pricing via a variety of mechanisms, such as by offering discounts and rebates to large buyers that were inaccessible to small competitors and were not justified by differences in the cost of distributing products to different retailers, the FTC’s complaint further alleged.  Settlement Terms  To resolve the FTC’s complaint, Southern has agreed to a series of conditions that will disincentivize the company from engaging in discriminatory pricing and compensate independent retailers if they are harmed. Specifically, the terms of the proposed stipulated order target “paired” transactions where Southern sells a product to a chain retailer at one price while contemporaneously selling that same product to a nearby independent retailer at a significantly higher price.  Southern will be in violation of the FTC’s proposed stipulated order, if, among other conditions, the paired transactions involve:  Significant price discrimination (exceeding a maximum threshold based on state-specific operating costs) Recurring price discrimination (in the aggregate, exceeding $5,000 over a 12-month period) Where a set of discriminatory paired transactions meets certain specifications, Southern can resolve the violation by paying the independent retailer 1.5 times the full aggregated price-differential amount. If Southern does not redress the price discrimination, the FTC can bring an enforcement action, and, if the Commission","id":3194908,"source":"Federal Trade Commission Concurrence communiqués"},{"pubDate":"Sat, 31 Jan 2026 09:46:37 +0100","url":"https://www.ftc.gov/news-events/news/press-releases/2026/01/federal-trade-commission-chairman-andrew-n-ferguson-appoints-deputy-director-bureau-consumer","titre":"Federal Trade Commission Chairman Andrew N. Ferguson Appoints Deputy Director for Bureau of Consumer Protection","source":"Federal Trade Commission - Protecting America's Consumers","id":2667062,"description":"Federal Trade Commission Chairman Andrew N. Ferguson has appointed Levi Swank as Deputy Director of the agency’s Bureau of Consumer Protection.  Swank is an experienced consumer protection litigator who has represented clients in a wide variety of enforcement matters, class actions, and investigations. Prior to joining the FTC, Swank had spent his career in private practice at a large law firm in Washington, D.C., first as an associate and then as a partner. Swank holds a J.D. from the University of Virginia School of Law, where he was an Executive Editor of the Virginia Law Review and graduated Order of the Coif. He also holds a B.A. in Government from Patrick Henry College. Following law school, Swank clerked for the Hon. Alice M. Batchelder of the United States Court of Appeals for the Sixth"},{"pubDate":"Thu, 07 Aug 2025 09:48:21 +0200","titre":"FTC Challenges Anticompetitive Medical Device Deal","url":"https://www.ftc.gov/news-events/news/press-releases/2025/08/ftc-challenges-anticompetitive-medical-device-deal","source":"Federal Trade Commission Concurrence communiqués","id":2298968,"description":"The Federal Trade Commission today moved to block medical device supplier Edwards Lifesciences Corp.’s (Edwards) proposed acquisition of JenaValve Technology, Inc. (JenaValve) due to concerns that the acquisition would limit patient access to lifesaving medical devices used to treat a potentially fatal heart condition. The FTC alleges that over the span of two days in July 2024, Edwards executed agreements to acquire both JenaValve and JC Medical, the two leading companies competing to bring to market transcatheter aortic valve replacement devices that treat a heart condition called aortic regurgitation (TAVR-AR devices). Edwards closed its acquisition of JC Medical in August 2024, and its proposed $945 million acquisition of JenaValve would combine the only two companies with ongoing clinical trials in the United States for a TAVR-AR device. The deal threatens to reduce competition in the TAVR-AR market, likely resulting in reduced innovation, diminished product quality, and potentially increased prices for consumers, according to the complaint. “ Edwards’ attempt to buy the U.S. market for TAVR-AR devices would eliminate the head-to-head competition that has spurred innovation for lifesaving artificial heart valves,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “The FTC is taking action to stop this anticompetitive deal and ensure that JenaValve and Edwards’ JC Medical subsidiary continue competing to innovate, expand treatment eligibility, and keep down costs. Americans deserve all the benefits that come from competition between medical device makers, just as they do in other markets.” More than 8 million Americans suffer from aortic regurgitation, which occurs when the heart’s aortic valve does not close properly, causing blood to backflow into the heart. Currently, surgical valve replacement via open heart surgery is the only U.S. Food and Drug Administration (FDA) approved procedure to treat aortic regurgitation, and TAVR-AR devices offer a new and less invasive way to treat the condition. JenaValve is poised to become the first company to bring a TAVR-AR device, called Trilogy, to the commercial market in the United States. If Edwards acquires JenaValve, Edwards would gain control over the two most advanced TAVR-AR devices, the FTC complaint alleges. FDA approval or commercialization of any other TAVR-AR device in the United States by another company, aside from Edwards and JenaValve, is not expected for the foreseeable future. Direct head-to-head competition between Edwards, through its now-subsidiary JC Medical, and JenaValve has driven the two companies to accelerate the development of their TAVR-AR devices, the FTC’s complaint alleges. Ultimately, patients will benefit if JenaValve and Edwards continue to directly compete to complete their separate TAVR-AR device clinical trials, product improvements, and commercialization plans. The competition concerns caused by Edwards’ dual acquisition strategy are predicated on Edwards owning both JenaValve and JC Medical simultaneously, but Edwards has elected to attempt to buy JenaValve while retaining its ownership of JC Medical. Edwards has not been willing to engage on divesting JC Medical to resolve the competition concerns with the proposed JenaValve acquisition, according to the complaint. The Commission vote to issue an administrative complaint and authorize staff to seek a temporary restraining order and a preliminary injunction was 3-0. The federal court complaint and request for preliminary relief was filed in the U.S. District Court for the District of Columbia to halt the transaction pending an administrative proceeding. NOTE : The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The issuance of the administrative complaint marks the beginning of a proceeding in which the allegations will be tried in a formal"},{"id":2044739,"description":"The Federal Trade Commission’s initial findings from its surveillance pricing market study revealed that details like a person’s precise location or browser history can be frequently used to target individual consumers with different prices for the same goods and services. The staff perspective is based on an examination of documents obtained by FTC staff’s 6(b) orders sent to  several companies in July aiming to better understand the shadowy market that third-party intermediaries use to set individualized prices for products and services based on consumers’ characteristics and behaviors, like location, demographics, browsing patterns and shopping history. Staff found that consumer behaviors ranging from mouse movements on a webpage to the type of products that consumers leave unpurchased in an online shopping cart can be tracked and used by retailers to tailor consumer pricing. “Initial staff findings show that retailers frequently use people’s personal information to set targeted, tailored prices for goods and services—from a person's location and demographics, down to their mouse movements on a webpage,” said FTC Chair Lina M. Khan. “The FTC should continue to investigate surveillance pricing practices because Americans deserve to know how their private data is being used to set the prices they pay and whether firms are charging different people different prices for the same good or service.” The FTC’s study of the 6(b) documents is still ongoing. The staff perspective is based on an initial analysis of documents provided by Mastercard, Accenture, PROS, Bloomreach, Revionics and McKinsey & Co. Image The FTC’s 6(b) study focuses on intermediary firms, which are the middlemen hired by retailers that can algorithmically tweak and target their prices. Instead of a price or promotion being a static feature of a product, the same product could have a different price or promotion based on a variety of inputs—including consumer-related data and their behaviors and preferences, the location, time, and channels by which a consumer buys the product, according to the perspective. The agency will only release information obtained from a 6(b) study as long as all data has been aggregated or anonymized to protect confidential trade secrets from company respondents, and therefore the staff perspective only includes hypothetical examples of surveillance pricing.  The staff perspective found that some 6(b) respondents can determine individualized and different pricing and discounts based on granular consumer data, like a cosmetics company targeting promotions to specific skin types and skin tones. The perspective also found that the intermediaries the FTC examined can show higher priced products based on consumers’ search and purchase activity. As one hypothetical outlined, a consumer who is profiled as a new parent may intentionally be shown higher priced baby thermometers on the first page of their search results. The FTC staff found that the intermediaries worked with at least 250 clients that sell goods or services ranging from grocery stores to apparel retailers. The FTC found that widespread adoption of this practice may fundamentally upend how consumers buy products and how companies compete. As the FTC continues its work in this area, it is issuing a request for information   today seeking public comment on consumers’ experiences with surveillance pricing. The RFI also asks for comments from businesses about whether surveillance pricing tools can lead to competitors gaining an unfair advantage, and whether gig workers or employees have been impacted by the use of surveillance pricing to determine their compensation. Comments are due by April 17. The Commission voted 3-2 to allow staff to issue the report. Commissioners Andrew Ferguson and Melissa Holyoak issued a dissenting statement related to the release of the initial research summaries. The FTC has additional resources on the interim","source":"Federal Trade Commission Concurrence communiqués","pubDate":"Thu, 10 Apr 2025 09:51:48 +0200","titre":"FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices","url":"https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-surveillance-pricing-study-indicates-wide-range-personal-data-used-set-individualized-consumer"}]