[{"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","titre":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims","pubDate":"Wed, 07 Oct 2026 08:05:50 +0200","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":"FTC challenges Online Trading Academy’s money-making claims","id":3197414,"pubDate":"Mon, 05 Oct 2026 08:07:09 +0200","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","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/02/ftc-challenges-online-trading-academys-money-making-claims"},{"source":"BEREC Office","url":"https://www.berec.europa.eu/en/public-consultations-calls-for-inputs/public-consultation-on-the-draft-berec-work-programme-2027","description":"Public consultation on the draft BEREC Work Programme 2027 yannick.stephan Thu, 01/10/2026 - 09:00 Breadcrumbs Public Consultations & Calls for Inputs Deadline to submit contributions:  31 October 2026 In January this year, BEREC adopted the Outline BEREC Work Programme 2027 , which reflected BEREC's objectives for the upcoming year. BEREC launched a first Call for inputs on the Work Programme 2027 from 27 February to 15 April. During the call for proposals, several additional actions were identified. Considering the early input received, during the 68th BEREC ordinary meetings (1-2 October 2026), the Board of Regulators adopted the draft BEREC Work Programme 2027 [BoR (26) 142] for public consultation. Background BEREC prepares its annual work programme in accordance with Article 21 of the BEREC Regulation and the BEREC Strategy 2026-2030 to guide how it organises and prioritises its work towards clearly defined objectives. The 2027 draft work programme was developed inclusively and transparently, with contributions from various stakeholders. This approach helps ensure that BEREC remains responsive to market needs, regulatory developments, and end-user expectations. Aim The BEREC Work Programme 2027 aims to align with the BEREC Strategy 2026-2030 and its five strategic pillars: Promoting full connectivity and the Digital Single Market; Supporting competition-driven and open digital ecosystems; Empowering end-users; Contributing to sustainable, secure, and resilient digital infrastructures; Strengthening BEREC’s capabilities and continuous improvement. The work programme will also take into consideration priorities set for BEREC’s institutional and international cooperation. Furthermore, the 2027 work programme has been developed against the backdrop of the ongoing review of the regulatory framework and the European Commission’s proposal for a Digital Networks Act, published in January 2026. This piece of legislation is meant to be the cornerstone shaping the future of the sector in the EU. As an advisory body to EU institutions for electronic communications, BEREC is committed to providing expert, independent advice to co-legislators and the European Commission throughout the legislative procedure. BEREC also aims to provide support and advice on other relevant policy developments. In addition to the mandatory work foreseen in the EU regulatory framework, the BEREC work programme follows a multiannual approach, meaning some projects started in 2026 will be completed in 2027 and are therefore included as carryovers. Additionally, recurring items are considered by default. Submit your contributions The incoming BEREC Chair 2027, Alejandra de Iturriaga Gandini (CNMC, Spain), encourages all interested stakeholders to provide their views and contributions to the draft BEREC Work Programme 2027 by submitting them to BEREC-WP2027@DISTRO.BEREC.EUROPA.EU by 31 October 2026 . After submitting the contribution, you will receive an automatic acknowledgement email. If you do not receive this acknowledgement, please contact the BEREC Office. Contributions should be sent preferably in English, and, to facilitate processing of the responses, the comments provided should clearly refer to specific paragraphs of the document. In accordance with the BEREC policy on public consultations , BEREC will publish all contributions and a summary thereof, respecting confidentiality requests. In that regard, please clearly mark the parts you define as confidential. We strongly encourage all stakeholders to submit their contributions as early as possible. Contributions received after the above-mentioned deadline will not be taken into account. Privacy statement type Privacy Statement for Public Consultation Category Name Ongoing Public Consultations and Calls for Inputs Notify subscribers","titre":"Public consultation on the draft BEREC Work Programme 2027","id":3193166,"pubDate":"Fri, 02 Oct 2026 08:34:17 +0200"},{"description":"The Federal Trade Commission is taking action against Illusory Systems Inc. for failing to implement adequate data security measures, leading to a major security breach in which hackers stole $186 million from consumers. Under a proposed order settling the FTC’s allegations, Utah-based Illusory, which does business as Nomad, will be required to implement an information security program to address numerous alleged security failures and to return recovered money to affected consumers. “The FTC Act requires companies to take reasonable security measures,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “It’s important that companies live up to their security promises to consumers.” In its complaint , the FTC alleged that Nomad prominently touted its security in its advertising, claiming that it offered “security-first” services. The FTC, however, alleged that the company failed to live up to these promises by failing to: use secure coding practices; implement processes for receiving and addressing vulnerability reports and responding to security incidents; and utilize widely known technologies that might have helped mitigate consumer losses. According to the complaint, in June 2022, Nomad introduced inadequately tested code that included a significant vulnerability. Just over a month later, hackers began exploiting the vulnerability. The FTC alleged that Nomad failed to respond to the attack in time because of its inadequate security and incident response measures, which led to the loss of $186 million. The company was able to recover some money, but consumers lost approximately $100 million. Nomad was warned about the dangers of inadequate testing as well as the need to ensure it had adequate staff and security in place. The company, however, failed to implement basic safety measures that would mitigate consumer losses, the FTC alleged. Under the proposed order , Nomad will be prohibited from making misrepresentations about its security practices. In addition, the company will also be required to: Implement a comprehensive information security program that is designed to protect consumers from theft or other unauthorized access and address the security issues outlined in the FTC’s complaint; Obtain biennial assessments of its information security program by an independent third party and cooperate with the third-party assessor; and Return to consumers money recovered following the security breach that was not already returned to customers. The Commission voted 2-0 to accept the proposed complaint and order for public comment. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. 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. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $51,744. The lead staff attorneys on this matter are M. Hasan Aijaz and Julia Horwitz with the FTC’s Bureau of Consumer","id":2577895,"pubDate":"Wed, 17 Dec 2025 09:50:37 +0100","titre":"FTC Will Require Illusory Systems to Return Money Stolen by Hackers and Implement an Information Security Program","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-will-require-illusory-systems-return-money-stolen-hackers-implement-information-security-program","source":"Federal Trade Commission - Protecting America's Consumers"}]