[{"titre":"Nancy McCormack Emerging Leader Award","url":"https://www.callacbd.ca/CALL-Blog/12631145","pubDate":"Mon, 26 Oct 2026 07:55:48 +0100","description":"Dolores Noga, Manager, Library Services and Knowledge Management at McLennan Ross in Edmonton, is the Chair of the CALL/ACBD Scholarships & Awards Committee. She would like CALL members to consider applying for the new Nancy McCormack Emerging Leader Award which honours the memory of a fellow CALL member who was the Head Law Librarian at Queen's University in Kingston.  Nancy died in 2019. The award goes to an association member in good standing who is normally in the first ten years of their law library career and who has demonstrated the qualities embodied by Nancy. The application deadline is April 1, 2022. Here is what Dolores asked the blog to share: The Canadian Association of Law Libraries recently unveiled criteria for the new Nancy McCormack Emerging Leader Award. This is a memorial award, intended to recognize and honour our former colleague, who dedicated considerable time to mentoring and encouraging others in the profession. Nancy McCormack was an active member of the Association and a committed contributor to the Canadian Law Library Review, preparing book reviews, writing articles, and served as editor and associate editor. She co-wrote The Practical Guide to Canadian Legal Research published in 2010 and revised in 2015, Updating Statutes and Regulations for All Canadian Jurisdictions published in 2012, Introduction to the Law & Legal System of Canada published in 2013, and The Annotated Federal Interpretation Act published in 2016. Nancy most recently edited the fifth edition of The Dictionary of Canadian Law published in 2020, a task described as ‘Herculean’. She taught Advanced Legal Research and Writing, Torts, and Legal Research and Writing. A search on HeinOnline provides reference to 52 articles written by Nancy. Nancy held a B.A., M.A., M.L.I.S., J.D., and LL.M. An issue of the Canadian Law Library Review, compiled after Nancy’s passing, provides the following comments from those who worked closely with her and knew her well: “incredibly generous in sharing her experience, knowledge, time”; “cared deeply about the people she taught and mentored”; “kind”; “encouraging”; and “supportive”, as examples. Nancy was the recipient of the Dennis Marshall Memorial Award for Excellence in Law Librarianship in 2014 and the Michael Silverstein Prize in","id":3241463,"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog"},{"url":"https://www.ftc.gov/business-guidance/blog/2020/11/setting-debt-parking-brake","titre":"Setting the debt parking brake","pubDate":"Wed, 07 Oct 2026 14:05:06 +0200","source":"FTC USA Business Blog Posts","description":"Setting the debt parking brake lfair November 30, 2020 | 12:14PM Setting the debt parking brake By Lesley Fair What are the biggest risks of parking? A dinged door? A bruised bumper? For consumers victimized by the pernicious practice of debt parking, the impact on their financial health can be devastating. And if you’re a debt collector who engages in debt parking, an FTC settlement with Midwest Recovery Systems suggests you could face law enforcement action for violations of the FTC Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Just what is debt parking? It’s the practice of placing purported debts on consumers’ credit reports without first attempting to communicate with the consumer about the debt. Some call it “passive debt collection,” but there’s nothing passive about the injury it can inflict. Consumers often don’t learn about it until a mortgage company, prospective employer, or other decision maker pulls their credit report and spots what appears to be an unpaid debt. With a house, car, or job in the balance, many people feel pressured to pay up – even though they may not actually owe the money. That’s the tactic the FTC says Missouri-based Midwest Recovery Systems and owners Brandon M. Tumber, Kenny W. Conway, and Joseph H. Smith engaged in. According to the lawsuit, since at least 2015, the defendants have reported to credit reporting agencies more than $98 million in bogus or highly questionable debts for payday loans, debts subject to unresolved fraud claims, debts in bankruptcy, debts in the process of being rebilled to consumers’ medical insurance, and even debts people had already paid. The FTC alleges the defendants continued to collect those debts even in the face of billowing red flags about their validity. In fact, when consumers were able to dispute the purported debts, the defendants have regularly concluded that between 80% and 97% of them were either inaccurate or invalid. That’s not surprising, given that many of those debts originated from certain payday lenders and others whom the FTC has sued for their own illegal practices. Here’s an example cited in the complaint of how the defendants used debt parking to help line their pockets with millions in gross revenue. When applying for a mortgage, a consumer was told that an outstanding medical debt of $1,500 had lowered his credit score, which threatened to put the kibosh on buying a house. He contacted the hospital where he supposedly owed the debt, only to be told that he owed just an $80 co-pay. In spite of that, the FTC says the defendants refused to remove the debt and threatened the consumer with a lawsuit if he didn’t pony up. His complaint was one of thousands that Midwest Recovery received. For people who work in the collections field, the pleading in this case merit a careful read. In addition to alleging the defendants made false or unsubstantiated representations in violation of the FTC Act and the Fair Debt Collection Practices Act , the complaint expressly challenges their debt parking tactics as an unfair practice under the FDCPA. The FTC says they also violated the FDCPA by failing to provide validation notices – one of the protections in the statute designed to ensure consumers have the information they need to dispute an invalid debt. Three other counts charge the defendants with violating the Fair Credit Reporting Act by furnishing information to credit reporting agencies they knew or had reasonable cause to believe was inaccurate, by failing to conduct reasonable investigations of disputes, and by failing to report the results of those investigations to consumers. The settlement suggests some takeaway tips for others in the collections ecosystem. Consumers’ credit reports are a NO PARKING zone. This is the first FTC case to address debt parking – and thus the first to challenge the practice as unfair under the FDCPA – but the message couldn’t be clearer. Debt collectors that park fake or","id":3201875},{"description":"We can’t go for that (no can do) lfair July 17, 2017 | 11:38AM We can’t go for that (no can do) By Lesley Fair Of course, phantom debt collection – the practice of pressuring people to pay “debts” they don’t owe – harms consumers. But as an FTC complaint demonstrates, when phantom debt collectors strike, they could affect your company, too. According to the FTC , a Florida-based outfit engaged in a scheme to defraud consumers through the collection of debts people didn’t actually owe or the company didn’t have the authority to collect. The complaint charges that the defendants – Hardco Holding Group, S & H Financial Group, Dequan M. Sicard, and Daryl M. Hall (no, not that Daryl Hall) – violated the FTC Act and Fair Debt Collection Practices Act. When contacting consumers, in many instances the defendants allegedly impersonated attorneys and threatened to have people thrown in jail if they didn’t pay up on delinquent payday loans – loans, remember, that many consumers didn’t take out in the first place and defendants didn’t have the right to collect. One tactic involved contacting people with a “case number” and directing them to dial a callback number. On the second call, the defendants allegedly said they were affiliated with named law firms and that the consumer had committed a felony, could go to prison, or faced arrest. According to the complaint , to boost the credibility of their threat of pending or imminent legal action, the defendants claimed to have the consumer’s Social Security number, bank account number, or contact information for family members. Afraid of legal repercussions, many consumers knuckled under to the demand for payment. The FTC says the defendants also told third parties that consumers owed money, a violation of the FDCPA. In addition, the complaint charges that the defendants didn’t disclose their identity to consumers, failed to provide proper validation notices, and used other false, misleading, and abusive tactics. Phantom debt collectors unquestionably injure consumers, but how could conduct like that affect your company? According to the lawsuit, when pressed to identify themselves, the defendants often gave the names or addresses of legitimate small businesses that had nothing to do with the purported debt or the debt collectors. When concerned consumers contacted those companies to complain, their employees got an understandably angry earful. From the FTC’s perspective, unrelated small businesses shouldn’t have their reputations sullied by others’ allegedly illegal tactics. A federal court in Orlando has temporarily halted the operation and frozen its assets. The FTC wants to stop the illegal practices once and for all. What can consumers do if they’re getting calls for debts they don’t owe ? File a complaint with the FTC. How can small businesses help protect their good names? Every now and then, do a selfie search with your company name and a word like “debt.” If you see consumer posts that suggest that a debt collector is illegally using your name – or if your employees are getting complaints about debt collection calls supposedly coming from your company – let the FTC know about it , too. In the meantime, businesses looking for FDCPA compliance resources can visit the FTC’s debt collection page for some – in the words of the other Daryl Hall (and let’s not forget John Oates) – “Adult Education.”","id":3200011,"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2017/07/we-cant-go-no-can-do","titre":"We can’t go for that (no can do)","pubDate":"Tue, 06 Oct 2026 14:06:39 +0200"},{"url":"https://www.ftc.gov/business-guidance/blog/2019/03/nixing-fix-warranties-mag-moss-restrictions-repairs","titre":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs","pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","source":"FTC USA Business Blog Posts","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},{"pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","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","id":3199075,"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","source":"FTC USA Business Blog Posts"},{"source":"FTC USA Business Blog Posts","description":"Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc.  Two cases just announced by the FTC  serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the  Fair Credit Reporting Act (FCRA) .  InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA.  Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants.  For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyone right now” was to “check out tenants before they rent.”  It also used a Google Ad Words campaign to make sure its site appeared when people searched for background checks on nannies, babysitters, maids, and housekeepers.  What kind of information would buyers get?  Current and previous addresses, birth certificates, arrest histories, and marriage and divorce records, to name just a few examples. InfoTrack offered similar services to employers nationwide, including background screening reports with people’s driving records, education and employment information, criminal histories, and even records from sex offender registries. How does the FCRA come in?  The law defines a “consumer report” as a “communication of any information” by a consumer reporting agency (CRA) that bears on a person’s “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living” which is used (or expected to be used) as a factor in establishing their eligibility for credit, insurance, employment, or other reasons outlined in the law. According to the FTC, what Instant Checkmate and InfoTrack were doing triggered the FCRA.  For example, companies covered by the law must follow procedures to assure their reports are as accurate as possible, must take steps to see that those using their reports have permissible purposes for accessing them, and must provide required User Notices explaining key protections for consumers.  The law imposes special requirements when CRAs provide reports containing public record information that could have an adverse effect on a person’s ability to get a job.  In that case, the CRA must either: 1) notify the consumer that it’s reporting the information in the public record; or 2) maintain “strict procedures” – that’s the language in the law – designed to ensure the reported public information is complete and up to date. You’ll want to read the complaints for specifics of where the FTC says the companies fell short, but one example cited in the lawsuit against InfoTrack offers an object lesson on why FCRA protections are so important to consumers – and how the consequences can be devastating when companies don’t live up to the law.  According to the FTC, the reports InfoTrack provided to prospective employers included information about whether a job applicant was on the National Sex Offender Registry.  The employer would provide the first and last name and the date of birth to help InfoTrack with its search.  The problem was that before the fall of 2011, no date of birth was available for many names on the Registry.  If InfoTrack’s search found more than one person with the same first and last name, it reported a “possible match” to employers and gave them reports that included several different people with the","id":3198181,"url":"https://www.ftc.gov/business-guidance/blog/2014/04/keep-fcra-foreground-when-subject-background-screening","titre":"Keep FCRA in the foreground when the subject is background screening","pubDate":"Mon, 05 Oct 2026 14:07:46 +0200"},{"url":"https://www.ftc.gov/business-guidance/blog/2020/04/new-ftc-warning-letters-cite-unsupported-coronavirus-related-health-earnings-claims","titre":"New FTC warning letters cite unsupported Coronavirus-related health and earnings claims","pubDate":"Mon, 05 Oct 2026 08:07:08 +0200","description":"New FTC warning letters cite unsupported Coronavirus-related health and earnings claims sgressin April 24, 2020 | 12:44PM New FTC warning letters cite unsupported Coronavirus-related health and earnings claims By Seena Gressin The FTC is not the pen pal you want if you operate a multi-level marketing company but aren’t closely monitoring your distributors. In its latest round of warning letters, the FTC warns ten MLM companies that they are responsible for the claims made by their participants. The letters direct the companies to report within 48 hours what actions they’ve taken to stop their distributors from claiming their products can treat or prevent Coronavirus disease, that MLM business opportunity participants are likely to earn substantial income, or both. The FTC says that the health and earnings claims are unsubstantiated and therefore violate truth-in-advertising laws. The products at issue are not scientifically proven to treat or prevent COVID-19, the disease that Coronavirus causes. The FTC previously has sent warning letters to companies about their Coronavirus-related health claims, but the new letters are the first to also target claims about potential business opportunity earnings. The letters come at a time when millions of people are out of work and facing financial challenges as a result of the pandemic. MLM companies rely on a network of independent distributors, sometimes called business opportunity participants, to buy and resell their products, often through direct person-to-person sales or online. MLMs typically offer participants a cut of the sales made by people the participant recruits to invest in the business opportunity. The new recruits then try to sell the products, and try to recruit more people to do the same. Most people who join MLMs make little or no money. According to the FTC, distributors of the MLM companies receiving the letters have posted promotional messages on Facebook, Instagram, and other social media sites. Health claims the FTC letters cite include: “STAY SAFE!! MAKE YOUR IMMUNE SYSTEM STRONG!!!” Standard coronavirus protection kit . #antiseptics and #immunity_support.” “HOW WILL YOU FIGHT OFF CORONA? USE NUTRABURST-CHAGA- .... #coronacure #coronaprevention ... #immunesupport #immunebooster ... #immunesystembooster” “Got the coronavirus heebeegeebees? Boost your immunity with this amazing deal!!!!” “... If interested to learn more or obtain oils or rollers Let me know A little extra protection can help #doterra #NursesCOVID19 #Dialysis #ImmunityBoosters #ImproveRespiratoryFunction” Earnings claims the FTC letters cite include: “...Living in quarantine and where 14 million people applied for unemployment just last week ... I’ll stick with the opportunity to change people’s lives ... turn a small investment into six figures .... #arbonne ... #quarantine #2020” “Need to make extra money? Find it difficult to pay your bills? Were you laid off/ #fired? Be your own Boss w/doTERRA essential oils. Msg me to achieve financial independence #laidoff #unemployed #cantpaymybills #cantpaymyrent #student #sales #sidehustle #makemoney #stayathomemom.” “[E]veryone’s getting stimulus checks right now... There is no better investment you could do... Take that money that you’re about to get back... figure out a way to make this happen tonight.” In the letters alleging unsubstantiated health claims, FTC staff reminds the companies that, under the FTC Act, claims that a product can prevent, treat, or cure a serious disease require the support of well-controlled human clinical studies. Because “no such study is currently known to exist” for the advertised products, the FTC says the companies “must immediately cease making all such claims.” In the letters alleging deceptive earnings claims, FTC staff reminds the companies that under the FTC Act, “claims about the potential to achieve a wealthy lifestyle, career-level income, or significant","id":3197413,"source":"FTC USA Business Blog Posts"},{"pubDate":"Sat, 03 Oct 2026 14:06:13 +0200","url":"https://www.ftc.gov/business-guidance/blog/2012/06/speaking-spokeo-part-2-companys-allegedly-bogus-endorsements","titre":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements","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","source":"FTC USA Business Blog Posts"},{"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","pubDate":"Sat, 03 Oct 2026 08:09:37 +0200","source":"FTC USA Business Blog Posts","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’","id":3194913},{"titre":"FleetCor Agrees to Pay $100 Million to Resolve Administrative Action After Federal Court Finds that It Violated the FTC Act by Charging Unauthorized Fees","url":"https://www.ftc.gov/news-events/news/press-releases/2026/09/fleetcor-agrees-pay-100-million-resolve-administrative-action-after-federal-court-finds-it-violated","pubDate":"Fri, 18 Sep 2026 08:08:58 +0200","description":"FleetCor and its CEO will pay $100 million to settle a Federal Trade Commission administrative action alleging that the company charged its customers, who overwhelmingly are small businesses, undisclosed fees in connection with their use of fuel cards that FleetCor falsely promised businesses would save them money. In a complaint first filed in federal court in 2019 , the FTC alleged that FleetCor Technologies Inc., now known as Corpay Inc., and its CEO Ronald Clarke imposed a broad array of unauthorized fees that its customers never knew about and did not agree to pay, totaling hundreds of millions of dollars and harming tens of thousands of customers.  In addition, FleetCor charged late fees to customers who had either paid on time or were prevented by FleetCor from paying on time. FleetCor also misrepresented the gas savings, fraud-control features, and fees associated with its fuel cards. “FleetCor deceived its small business customers by promising fuel savings that never materialized, while unfairly charging them hidden and unauthorized fees,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “In addition to the relief the FTC has obtained in federal court, this order will help return money to the customers the company took advantage of.” According to the complaint, FleetCor often waited to begin charging many fees until several billing cycles passed, making the fees less noticeable to consumers. The complaint also alleged that FleetCor’s invoices did not disclose that any fees were being charged, requiring customers to proactively view other account management reports. Even on those documents, many fees were obscured among other information or not listed at all. In 2023, a federal district court entered summary judgment for the FTC on all counts, finding that FleetCor had charged its customers hidden or otherwise unauthorized fees and misrepresented the gas savings and fees associated with FleetCor’s fuel cards. The court-imposed order permanently prohibits FleetCor from: billing a customer for any charge unless FleetCor has obtained the customer’s express informed consent and provided clear and unavoidable information about the charge; hiding material information about a charge behind a hyperlink; and making deceptive claims about its fuel cards. In 2026, a federal appeals court upheld the summary judgment against FleetCor on all counts and affirmed the permanent injunction against it.  The court affirmed the judgment against Clarke on all but one count and vacated the injunction as to Clarke.  As part of the settlement order with the FTC, FleetCor and Clarke will pay $100 million, which will be used to provide redress to the company’s business customers harmed by its practices. FleetCor and Clarke have also agreed not to oppose reimposition of a federal court injunction against Clarke.  The Commission vote to accept the consent agreement was 1-0-1. FTC Chairman Andrew N. Ferguson is recused. The FTC will publish a description of the consent agreement 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: 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","id":3160549,"source":"Federal Trade Commission - Protecting America's Consumers"},{"description":"Alexander Mashinsky, the former CEO of cryptocurrency platform Celsius Network Inc. (Celsius), and his business partners, Shlomi Daniel Leon and Hanoch “Nuke” Goldstein, will pay a total of $16.5 million to resolve the Federal Trade Commission’s charges that they deceived users by falsely promising that deposits made to their cryptocurrency platform would be safe and always available. Mashinsky and Leon have also agreed to a ban on marketing or selling products or services that can be used to deposit, exchange, invest or withdraw assets. Similarly, Goldstein has agreed to a ban on marketing or selling retail products or services that can be used to buy, sell, deposit, withdraw, distribute or trade cryptocurrency. In its  July 2023 complaint , the FTC alleged that Celsius and its co-founders promised consumers that Celsius was “safer” than a bank or other traditional financial institutions and misrepresented that their deposits were safe because Celsius earned profits at “no risk” to consumers by making secured loans to other exchanges. The FTC says the company and its top executives deceived users by falsely promising them that they could withdraw their deposits at any time, that the company maintained a $750 million insurance policy for deposits, that it had sufficient reserves to meet customer obligations and that those in its Earn program could earn rewards as high as 18% annual percentage yield on deposits. They also repeatedly claimed that the company did not make any unsecured loans. The FTC, however, alleged that the promises were false and that its top executives continued to claim that customers’ deposits were safe days before the company filed for bankruptcy. The settlement orders with the FTC require Mashinsky to pay $10 million, Leon to pay $4.1 million and Goldstein to pay $2.4 million. In addition,  the order with Mashinsky ,  the order with Leon ,   and the proposed order with Goldstein   will also prohibit the Celsius co-founders from: Marketing or selling products or services that can be used to deposit or withdraw certain assets, as Mashinsky, Leon and Goldstein’s deceptive conduct led to enormous consumer injury; Making misrepresentations regarding the benefits of any product or service or any other material fact about any other product or service; and Violating the Gramm-Leach-Bliley Act, including by obtaining or attempting to obtain customer financial information by making false, fictitious or fraudulent representations; and Finally, the orders with Mashinsky and Leon prohibit them from disclosing nonpublic personal information about consumers unless the consumer first provides express informed consent. The Commission vote approving the stipulated final order with Mashinsky was 3–0 and was approved prior to the departure of former Commissioner Melissa Holyoak. The Commission votes approving the stipulated final orders with Leon and Goldstein were both 2–0. The FTC filed the proposed orders in the U.S. District Court for the Southern District of New York. Stipulated final orders have the force of law when approved and signed by the District Court Judge. The staff attorneys on this matter are Stephanie Liebner, Carlton Mosley and Sally Tieu of the FTC’s Bureau of Consumer","id":3042974,"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/07/founders-celsius-network-ordered-pay-165-million-resolve-ftc-charges","titre":"Founders of Celsius Network Ordered to Pay $16.5 Million to Resolve FTC Charges","pubDate":"Tue, 21 Jul 2026 08:04:33 +0200"},{"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","id":2997627,"source":"Federal Trade Commission - Protecting America's Consumers","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","pubDate":"Wed, 01 Jul 2026 08:09:43 +0200"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/05/ftc-sends-warning-letters-companies-about-compliance-take-it-down-act","titre":"FTC Sends Warning Letters to Companies About Compliance with the TAKE IT DOWN Act","pubDate":"Thu, 21 May 2026 08:07:59 +0200","description":"The Federal Trade Commission sent warning letters today to a dozen websites advising them of their obligation to comply with the TAKE IT DOWN Act (TIDA), which requires platforms to give people a way to request the removal of intimate photos or videos shared online without their consent, and to remove the intimate photos or videos within 48 hours of a valid request. “Today we’re demonstrating just how serious we are about protecting the public, especially children, from abusive online conduct,” said FTC Chairman Andrew N. Ferguson. “Platforms no longer have any excuses—they must comply with their obligations under the TAKE IT DOWN Act or face the consequences.” The warning letters were sent to 12 companies that offer so-called “nudify” tools that allow people to take a clothed image of an individual and remove the individual’s clothing to create nonconsensual and sexualized images. The letters note that these companies appear to be in violation of TIDA by failing to provide individuals with a process through which victims can request the removal of nonconsensual intimate images appearing on their platforms. The letters urge the companies to “immediately come into compliance” with the law. Those that fail to do so could face legal action from the FTC, which could result in civil penalties of up to $53,088 per violation. The FTC began enforcing the law on May 19. TIDA, which was championed by First Lady Melania Trump and signed into law by President Donald Trump in May 2025, gave businesses one year to come into compliance with the law’s requirements. Chairman Ferguson sent letters last week to major platforms— Alphabet, Amazon, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X —reminding businesses of their obligation to comply fully with TIDA. The FTC also issued guidance for businesses about how to ensure they are complying with the","id":2896369,"source":"Federal Trade Commission - Protecting America's Consumers"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/05/ftc-begins-enforcing-take-it-down-act","titre":"FTC Begins Enforcing the TAKE IT DOWN Act","pubDate":"Wed, 20 May 2026 08:10:24 +0200","description":"The Federal Trade Commission today began enforcing the TAKE IT DOWN Act (TIDA), a law requiring platforms, at the request of victims, to remove intimate photos or videos shared online without victims’ consent. As part of its enforcement role, the FTC has launched TakeItDown.ftc.gov , a website allowing victims and survivors to submit complaints about platforms that have failed to act on valid requests for the removal of nonconsensual intimate images. The website also accepts complaints about platforms that have failed to create a process for people to request removal of these images. “Thanks to First Lady Melania Trump’s dedication, the public, especially children, will have recourse against digital exploitation and extortion,” said FTC Chairman Andrew N. Ferguson. “In the age of AI, anyone can be targeted, and that becomes even more appalling if children are involved. The TAKE IT DOWN Act empowers families and provides the FTC with an effective tool to protect minors against this form of abuse.” The FTC enforces Section 3 of the TAKE IT DOWN Act, which set a May 19, 2026, deadline for covered platforms to give people a way to request the removal of intimate photos or videos shared online without their consent and to remove those intimate images, and known identical copies, within 48 hours of a valid request. The FTC has published new guidance to help consumers in the event that nonconsensual intimate images of them are posted online. The FTC also issued  guidance for businesses about how to ensure they are complying with the law. Underscoring the FTC’s commitment, Chairman Ferguson  sent letters last week to major platforms—Alphabet, Amazon, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X—reminding them of businesses’ obligation to comply fully with TIDA no later than May 19,","id":2893630,"source":"Federal Trade Commission - Protecting America's Consumers"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/05/ftc-chairman-ferguson-advises-companies-comply-take-it-down-act","titre":"FTC Chairman Ferguson Advises Companies to Comply with the Take It Down Act","pubDate":"Tue, 12 May 2026 08:07:00 +0200","description":"Federal Trade Commission Chairman Andrew N. Ferguson sent letters today to more than a dozen prominent technology companies reminding businesses of their obligation to comply fully with the Take It Down Act (TIDA) no later than May 19. Signed into law last year by President Donald J. Trump with the strong support of First Lady Melania Trump, TIDA requires covered platforms to establish a process allowing victims, including children, to request removal of intimate photos or videos shared without their consent.  The letters were sent to major platforms , including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X. The letters state the definitions and requirements of the law, along with the penalties for non-compliance. “We stand ready to monitor compliance, investigate violations, and enforce the Take It Down Act,” said Chairman Ferguson. “Protecting the vulnerable—especially children—from this harmful abuse is a top priority for this agency and this administration. The Trump-Vance FTC is grateful for the First Lady’s leadership on the Take It Down Act and on children’s issues.”  The letter specifies that covered platforms must provide clear and conspicuous notice about the removal process. They must also take down the nonconsensual images, and all identical copies, within 48 hours of receiving a valid request. Under the law, “covered platforms” include various websites, apps and online services, such as social media, messaging, image or video sharing and gaming platforms. The FTC also has issued guidance about what companies should do as they prepare to comply with","id":2878537,"source":"Federal Trade Commission - Protecting America's Consumers"},{"pubDate":"Mon, 27 Apr 2026 14:14:32 +0200","url":"https://www.edpb.europa.eu/news/news/2026/marking-10-years-gdpr-evolution-european-data-protection-landscape_en","titre":"Marking 10 years of the GDPR: the evolution of the European data protection landscape","source":"EDPB News","id":2850552,"description":"Brussels, 27 April – Today marks the 10th anniversary of the GDPR’s adoption, the first comprehensive data protection framework spanning an entire continent, establishing clear rights for individuals and obligations for organisations across Europe. The moment that led to the creation of the EDPB The GDPR led to the establishment of the European Data Protection Board (EDPB) on 25 May 2018, replacing the Article 29 Working Party that was previously in charge of dealing with issues relating to the protection of personal data. The GDPR gave the Data Protection Authorities (DPAs) stronger enforcement powers and expanded the scope of their work from focusing mainly on national compliance complaints to routinely dealing with cross-border cases. In the past 10 years, the 31 European DPAs comprising the EDPB have worked together to ensure the consistent enforcement of the GDPR and a harmonised data protection approach across Europe.   A key role in an evolving digital landscape Today, the GDPR is part of a broader and evolving European digital framework, alongside other digital laws such as the Digital Services Act, the Digital Markets Act, and the AI Act . In a world shaped by artificial intelligence, platform economies, and increasing data-driven innovation, the GDPR ensures that technological progress goes hand in hand with the protection of individuals’ fundamental rights . An inspiration for the rest of the world The impact of the GDPR has extended far beyond Europe’s borders, inspiring similar frameworks across the globe and contributing to a growing international recognition of privacy as a fundamental right .   How the GDPR has shaped the data protection landscape: insights from Data Protection Authorities Have you ever wondered what the data protection landscape looked like before the GDPR and how DPAs prepared for its entry into force? How has life for Europeans changed since its adoption? Watch the video for insights and testimonies from Data Protection Authorities which contributed to the shaping of the data protection landscape in Europe.   Sorry, your browser doesn't support embedded"},{"source":"EDPB News","description":"Brussels, 23 March - On 17 March 2026, the EDPB conference “Cross-regulatory interplay and cooperation in the EU: a data protection perspective” took place in Brussels. The event showcased high-level discussions, featuring contributions from representatives of key EU institutions, European Data Protection Authorities, academia and industry.  Key takeaways from the panel discussions Throughout the day, three panels were held, focusing on 1) data protection and competition , 2) the Digital Markets Act (DMA) and the GDPR , and 3) the Digital Services Act (DSA) and the GDPR .  During the first panel , speakers emphasised the critical need for cooperation between regulatory bodies in the fields of data protection and competition and shared views on what regulators in the two fields can learn from each other, especially in the aftermath of the Bundeskartellamt ruling. A speaker emphasized that regulators should align their approaches and recognize synergies between the two fields, such as protecting consumers and data subjects. Others pointed out that fixing harm to end users does not always solve competition issues, and that data protection should be considered in competition analysis only when relevant, on a case-by-case basis. Panellists also highlighted the need to cooperate not just on individual cases, but on broader concepts and legal principles.  In this context, the EDPB has recently agreed to develop joint guidelines with the European Commission to address the interplay between competition law and data protection. The discussions in the second panel centred on the joint guidelines on the DMA and the GDPR , which were developed by the European Commission and the EDPB and recently underwent public consultation. The joint guidelines are an unprecedented work and a good example of regulatory cooperation paving the way for further examples ahead, in line with the  EDPB Strategy 2024-2027 and  Helsinki Statement ’s objectives to strengthen cross-regulatory cooperation. A crucial goal of the guidelines is the development of a coherent and compatible interpretation of the DMA and the GDPR while respecting the regulatory competences. It was emphasised that these guidelines help break silos, strengthen consistency, and provide further clarity and legal certainty. All of this contributes to easier compliance, which is valued by stakeholders and increases trust. At the same time, certain speakers suggested improvements to the final version of the guidelines, bearing in mind the DMA should not be given primacy over the GDPR and that the measures companies have to comply with should be proportionate.  Other examples of cooperation in this domain were also mentioned, such as the participation in the High Level Group for the Digital Markets Act and specific instances of cooperation on concrete cases.  The last panel of the day explored how the Digital Services Act (DSA) and the GDPR interact. Panellists provided the example of the protection of minors: age   verification should be effective yet fully in line with data protection legislation.  They highlighted the growing need for strong coordination between the two frameworks, including the role of the European Board for Digital Services and other ways for the Commission and the EDPB to work together. A speaker also underlined the challenges and ongoing work on cross-regulatory cooperation from the perspective of a national authority. Another speaker urged regulators to work on building a fully coherent interpretation of the two frameworks and more globally of the digital legislation. Panellists also stressed that emerging technologies such as artificial intelligence are reshaping online ecosystems and, as a result, the role of the DSA and the GDPR.  The panel concluded with a clear message: online safety under the DSA and the lawful processing of personal data are two sides of the same coin, both calling for the DSA and the GDPR to be read coherently.  Highlights from the keynote speeches The event also","id":2780286,"titre":"EDPB conference on cross-regulatory cooperation: what we learned","url":"https://www.edpb.europa.eu/news/news/2026/edpb-conference-cross-regulatory-cooperation-what-we-learned_en","pubDate":"Tue, 24 Mar 2026 14:08:47 +0100"},{"source":"Federal Trade Commission - Protecting America's Consumers","id":2577895,"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","pubDate":"Wed, 17 Dec 2025 09:50:37 +0100","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","titre":"FTC Will Require Illusory Systems to Return Money Stolen by Hackers and Implement an Information Security Program"},{"source":"EDPB News","id":2425502,"description":"Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said:   “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and bringing enhanced legal certainty to them.  The guidelines will help gatekeepers, business users and individuals to better understand their obligations and rights under the DMA, and ensure a consistent, effective and complementary application of the DMA and EU data protection law.” How the DMA and the GDPR interact The DMA and the GDPR both protect individuals in the digital landscape , but their goals are complementary as they address interconnected challenges: individual rights and privacy in case of the GDPR and fairness and contestability of digital markets under the DMA.    Several activities regulated by the DMA entail the processing of personal data by gatekeepers and, in several provisions, the DMA explicitly refers to definitions and concepts included in the GDPR. The joint guidelines clarify how gatekeepers can implement these DMA provisions in accordance with EU data protection law . For example, the EDPB and the Commission specify which elements gatekeepers should consider in order to comply with the requirements of specific choice and valid consent under Art. 5(2) DMA and the GDPR, and thus to lawfully combine or cross-use personal data in core platform services. The EDPB and the Commission also address other provisions including those related to the distribution of third party apps and stores, data portability, data access requests and interoperability of messaging services.   Next steps The Board and the Commission have just launched a joint public consultation on the first version of the guidelines which will be open until 4 December 2025 .  This will be an opportunity for stakeholders to comment and provide feedback. All submissions will be published on the DMA website to which a link will be included on the EDPB website, after the consultation period has closed. The final text, incorporating input received during the consultation, will be prepared jointly by the Board and the Commission, and will be adopted by the EDPB and European Commission.   More guidelines on the way Following these first joint guidelines with the Commission, further work is underway to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working with the Commission, specifically with the AI Office, on joint guidelines on the interplay between the AI Act and EU data protection laws. Note to editors: The Digital Markets Act is one of the first regulatory tools that aims to tackle unfair practices of gatekeepers in digital markets. Gatekeepers are large digital platforms providing core platform services, such as online search engines, app stores, and messenger services. The main objective of the DMA is to make the markets in the digital sector fairer and more contestable. ","pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en"},{"pubDate":"Fri, 12 Sep 2025 15:51:31 +0200","titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en","id":2368407,"description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws.","source":"EDPB News"},{"source":"Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne","description":"An armed aggression provoked by one of the permanent members of the Security Council, coupled with the subsequent arrest warrant issued by the International Criminal Court against his representative testify to a breakdown in the system of peacekeeping and collective security put in place in the UN Charter. Yet, this is not the first crisis in this system. Against threats to international peace and security, strategies for empowering, delegating and adapting powers have been developed. The notion of the “emergency” of the reaction acts as a driving force for the empowerment and the gradation of institutional powers, but also for their delegation to other bodies or subjects of international law. These systemic adaptations of the structure of the maintenance of international peace and security through the notion of emergency reveal its finalistic nature: emergency makes it possible to achieve the goal of maintaining peace and security by influencing the assessment of an act’s conformity with international","id":1252352,"titre":"L’urgence dans les rouages du système de maintien de la paix et de la sécurité internationale","url":"https://sorbonnestudentlawreview.org/journal/article/view/190","pubDate":"Tue, 16 Apr 2024 00:35:08 +0200"}]