[{"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","id":3201052,"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2014/10/first-ftc-rosca-case-challenges-bogus-bogo-free-claims","titre":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims","pubDate":"Wed, 07 Oct 2026 08:05:50 +0200"},{"source":"FTC USA Business Blog Posts","description":"FTC recaps consumer complaint data for 2017: Who’s on the list? lfair March 1, 2018 | 5:17PM FTC recaps consumer complaint data for 2017: Who’s on the list? By Lesley Fair Once bitten, twice shy. That fundamental principle of human behavior is why reputable businesses that work hard to earn consumers’ confidence should support the FTC’s ongoing efforts to fight fraud. According to the FTC’s 2017 Consumer Sentinel Data Book , consumers reported losing a total of $905 million to fraud last year. That’s close to a billion bucks people won’t be able to spend on legitimate products and services from credible companies. That figure is up $63 million from last year, although the total number of reports received from consumers is down from 2.98 million in 2016 to 2.68 million in 2017. Topping the list that no industry wants to be on is debt collection, making up 23% of the total number of complaints. But there are two caveats: 1) that number is down from 2016; and 2) the high number of debt collection reports was due in part to reports submitted by a data contributor who collects complaints via a mobile app. Second on the list is identity theft at 14%. The injury to consumers came in two equally unpalatable flavors. Credit card fraud was the most common manifestation. Tax fraud was next, but the glimmer of hope there is that the total number of tax-related identity theft complaints fell by 46%. Winners of the dubious bronze medal were imposter scams , with consumers reporting financial losses of a whopping $328 million. Imposters wear many masks: “I’m with [big-name tech company] and your computer is riddled with viruses,” “Help, Grampa! I’ve been arrested and need bail money,” and “We’re from [government agency] and we’ll arrest you if you don’t pay us today.” Nearly one in five consumers who reported an imposter scam said they lost money to the fraud. For the first time, the Consumer Sentinel Data Book breaks out fraud losses by reported age groups and here’s a result that may surprise you: Consumers in their 20s reported losing money to fraud more often than those over 70. Among 20-somethings who reported fraud, 40% said they lost money. Compare that with the over-70 crowd, only 18% of whom reported a financial loss. But there’s a troubling aspect to that surprising factoid. When older adults did report losing money to a scammer, the loss was much greater. For example, people 80 and older reported median losses of $1,092 compared to $400 for those in their 20s. Wire transfers continue to be scammers’ preferred payment method and in 70% of the complaints we received, the fraudster contacted the consumer by phone. The top states for reporting fraud were Florida, Georgia and Nevada, while Michigan, Florida and California had the most reports about identity theft, per capita. Stats cats tell us that they find our state-by-state data dive helpful, so we’ve created a new webpage to make it easier to evaluate the information. The bottom line for business people: Educate.   Use your status in the community to spread the word to employees, industry colleagues, and friends about the latest forms of fraud. One way to stay in the know: Sign up for scam alerts from the FTC. Cooperate.  If people you know suspect that their identity has been compromised, send them to identitytheft.gov to create a personal recovery plan. (And remember that your company may have a legal obligation to provide identity theft victims and law enforcers with transaction records related to ID theft.) Report.   When you spot a scam, report it to the FTC . We’re talking about fraud directed to consumers and questionable promotions targeting small businesses. Your reports have helped the FTC and other law enforcement agencies put together cases against the con artists behind bogus business directories, office supply flimflams, and other forms of B2B fraud. Consumer Sentinel is an online database available to civil","id":3199077,"url":"https://www.ftc.gov/business-guidance/blog/2018/03/ftc-recaps-consumer-complaint-data-2017-whos-list","titre":"FTC recaps consumer complaint data for 2017: Who’s on the list?","pubDate":"Tue, 06 Oct 2026 08:06:24 +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":"Fri, 19 Dec 2025 09:48:21 +0100","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/instacart-pay-60-million-consumer-refunds-settle-ftc-lawsuit-over-allegations-it-engaged-deceptive","titre":"Instacart to Pay $60 Million in Consumer Refunds to Settle FTC Lawsuit Over Allegations it Engaged in Deceptive Tactics","source":"Federal Trade Commission - Protecting America's Consumers","id":2582987,"description":"Today, the Federal Trade Commission announced that grocery delivery provider Instacart will pay $60 million in refunds to consumers to settle allegations that the company engaged in numerous unlawful tactics that harmed shoppers and raised the cost of grocery shopping for Americans. Instacart will be required to cease its deceptive practices under a proposed FTC order, and consumers who were charged for Instacart+ without their express informed consent will receive refunds as a result of the settlement. “Instacart misled consumers by advertising free delivery services—and then charging consumers to have groceries delivered—and failing to disclose to consumers that signed up for a free trial that they would be automatically enrolled into its subscription program,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC is focused on monitoring online delivery services to ensure that competitors are transparently competing on price and delivery terms.” The FTC has alleged that Instacart engaged in a variety of deceptive tactics that misled consumers and caused them to pay more in fees, while depriving consumers of refunds. Specifically, the FTC alleges that Instacart: Falsely advertised “free delivery” to consumers on their first order Instacart’s claims of “free delivery” are false because consumers still must pay a mandatory “service fee” to get their groceries delivered. These mandatory service fees add as much as 15% to the order cost and were not clearly disclosed to consumers. Falsely advertised a “100% satisfaction guarantee,” implying that it will provide full refunds when consumers are not fully satisfied Consumers who experience late deliveries or unprofessional service typically are not offered full refunds and instead are given only a small credit that can be used toward a future order. Instacart hid the refund option from the “self-service” menu that consumers use to report problems with their orders, leading many consumers to erroneously believe they could receive only a credit toward a future order rather than a refund. Failed to clearly disclose terms relating to Instacart+ membership enrollment Instacart’s free-trial enrollment process for Instacart+ did not adequately disclose that consumers would be charged for memberships at the end of their trials, nor did it disclose Instacart’s restrictive refund policy. As a result, Instacart has charged many consumers for paid memberships without their express informed consent. Hundreds of thousands of consumers have been charged membership fees without receiving benefits from the membership or getting refunds. Under the terms of the FTC’s proposed settlement order , Instacart will be prohibited from making misrepresentations concerning the costs of delivery services and satisfaction guarantees. Instacart must also clearly and conspicuously disclose the terms and obtain express informed consent for transactions involving subscription models where consumers are automatically charged unless they actively opt out. The Commission vote approving the stipulated final order was 2-0. The FTC filed the proposed order in the U.S. District Court for the Northern District of California. NOTE:  Stipulated final orders have the force of law when approved and signed by the District Court"},{"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","pubDate":"Thu, 07 Aug 2025 09:48:21 +0200","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":2298968,"source":"Federal Trade Commission Concurrence communiqués"},{"description":"The U.S. Treasury has imposed new measures to heighten pressure on Russia, targeting its financial and technological access as well as individuals and entities supporting its military efforts. In a separate move, the U.S. has also sanctioned four individuals associated with ISIS, in collaboration with Türkiye. Violating these sanctions can lead to severe legal implications, with strict restrictions on transactions involving the sanctioned individuals. The post OFAC Sanctions : press release (over 300 new sanctions issued across Treasury and State) appeared first on Banking and Finance law in Belgium","id":2025078,"source":"Droit bancaire et financier en Belgique","url":"https://bankinglaw.be/en/ofac-sanctions-press-release-over-300-new-sanctions-issued-across-treasury-and-state/","titre":"OFAC Sanctions : press release (over 300 new sanctions issued across Treasury and State)","pubDate":"Tue, 01 Apr 2025 15:36:54 +0200"},{"pubDate":"Wed, 26 Jun 2024 15:06:07 +0200","url":"https://bankinglaw.be/ofac-sanctions-press-release-over-300-new-sanctions-issued-across-treasury-and-state/","titre":"OFAC Sanctions : press release (over 300 new sanctions issued across Treasury and State)","id":1418933,"description":"The U.S. Treasury has imposed new measures to heighten pressure on Russia, targeting its financial and technological access as well as individuals and entities supporting its military efforts. In a separate move, the U.S. has also sanctioned four individuals associated with ISIS, in collaboration with Türkiye. Violating these sanctions can lead to severe legal implications, with strict restrictions on transactions involving the sanctioned individuals. The post OFAC Sanctions : press release (over 300 new sanctions issued across Treasury and State) appeared first on Droit bancaire et financier en Belgique","source":"Droit bancaire et financier en Belgique"},{"titre":"OFAC Sanctions : press release (over 300 new sanctions issued across Treasury and State)","url":"https://droitbancaire.be/ofac-sanctions-press-release-over-300-new-sanctions-issued-across-treasury-and-state/","pubDate":"Mon, 17 Jun 2024 15:08:58 +0200","description":"The U.S. Treasury has imposed new measures to heighten pressure on Russia, targeting its financial and technological access as well as individuals and entities supporting its military efforts. In a separate move, the U.S. has also sanctioned four individuals associated with ISIS, in collaboration with Türkiye. Violating these sanctions can lead to severe legal implications, with strict restrictions on transactions involving the sanctioned individuals. The post OFAC Sanctions : press release (over 300 new sanctions issued across Treasury and State) appeared first on Droit bancaire et financier en Belgique","id":1399186,"source":"Droit bancaire et financier en Belgique"}]