: 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!” “[...]
: FTC sues American Immigration Center for claiming false government affiliation lfair October 16, 2018 | 12:16PM FTC sues American Immigration Center for claiming false government affiliation By Lesley Fair When the FTC warns consumers about government imposter scams, we’re usually referring to bogus calls that falsely claim to come from the IRS or some other official office. But as a case just announced by the FTC demonstrates, that’s not the only kind of false government affiliation that can deceive consumers. A $2.2 million settlement with American Immigration Center reminds other businesses of the dangers of conveying a misleading connection to a government agency. When consumers wanted to renew their green cards or apply for naturalization, where did they go? Online, of course, where they input terms like “USCIS,” “INS,” or “US Immigration” to search for the proper government site. According to the FTC, that’s how they ran across results with tag lines like “USCIS Forms – Easy Online Forms for Green Card[...]
: Hannah Steeves, the Instruction & Reference Librarian at the Sir James Dunn Law Library, Dalhousie University (Halifax), recently wrote an article on "Using Vinyl & Spotify to Understand Legal Information Online" . It originally appeared on Slaw.ca on February 15, 2022 . Most legal research is done online through a combination of open and subscription databases. Legal information is available at our fingertips through Justice Laws, LEGISinfo, CanLII, Westlaw, Lexis, ProView, SOQUIJ, [insert your preferred database here], and the list goes on. The availability of electronic resources has radically changed—and will continue to change—the way legal professionals conduct research. However, despite my enthusiasm for the improved accessibility and retrievability, I think the lack of engagement that new legal researchers have with print resources creates comprehension issues. The disconnect between a source’s print and electronic formats reduces their understanding of the process used to create the document. Unders[...]
: From time to time, this blog will highlight initiatives, ideas, or activities coming from members, committees or special interest groups (SIGs). Today: An Update About Web Tracking Tools , by Katie Thomas, Resource and Reference Librarian, Stikeman Elliott LLP (Toronto). The CALL Knowledge Management SIG had a session on November 30 th that looked at Web Tracking Tools. There are a lot of website tracking tools out there so it helps to have a guide to get you started. I based my presentation on the AALL Cool Tools (access only for attendees of American Association of Law Libraries 2021 conference) session where eight trackers were evaluated. In our session I asked the participants to write down sites they would like to track and they were all different. So, there is a need! First, what criteria should be used for evaluating? It depends. Every workplace is different and different things needs to be monitored. However, there are three that stand out. 1. Ease of Use You don’t want to spend time setting things[...]
: 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 firstcase 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 thatcase 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 c[...]
: Sign of the times? Protecting your company from B2B deception lfair December 9, 2019 | 2:09PM Sign of the times? Protecting your company from B2B deception By Lesley Fair They may look like invoices sent to business owners for posters they may need to display in the workplace. But we think of them as un voices – deceptively worded solicitations that tried to sell companies posters that are readily available for free. A law enforcement action just settled by the FTC and Florida Attorney General offers tips on protecting your business from this form of B2B deception. According to the FTC and AG, four defendants with ties to Texas and Florida – Starwood Consulting, Starwood Capital, Corporate Poster Supply, and Thomas Henry Fred, Jr. – sent letters to businesses across the country with the goal of tricking them into paying $84 for posters about labor practices. To perfect their pitch, the letters had the look of invoices from government agencies or other authorities and warned recipients thatthey had two choic[...]
: Practice Fusion case suggests 6 health privacy pointers lfair June 8, 2016 | 9:01AM Practice Fusion case suggests 6 health privacy pointers By Lesley Fair Combine two of the most talked-about consumer protection topics – health privacy and consumer-generated online content – and what do you get? A proposed FTC settlement with Practice Fusion, the largest cloud-based electronic health records company in the country, and six compliance tips for others in the industry. One of San Francisco-based Practice Fusion’s primary products is an electronic records system for outpatient providers. In 2009, the company launched “Patient Fusion,” an online portal where patients whose providers were already using Practice Fusion could view or download their health information or transmit it to another provider. Patient Fusion also let patients send and receive secure messages from their providers. Fast forward several years and the company decided to expand Patient Fusion to include a public directory where current and prosp[...]
: i-Dressup and a data security mess-up lfair April 24, 2019 | 3:08PM i-Dressup and a data security mess-up By Lesley Fair Kids love to play dress-up, but parents wouldn’t want them rummaging through the attic or climbing to the top shelf of the wardrobe without permission and proper supervision. The i-Dressup.com website offered users – including children – a virtual way to play dress-up and design clothes without those potential dangers. But according to an FTC complaint, Unixiz, Inc. , the company behind i-Dressup, violated the Children’s Online Privacy Protection Act in ways that created different kinds of risks. COPPA puts two separate sets of protections in place to help keep parents in control of personal information collected from their kids online. First, COPPA-covered companies must clearly disclose their information policies and get parental consent before collecting personal information from children under 13. Second, companies must provide reasonable and appropriate security for the data they coll[...]
: Brussels, 18 December - The European Data Protection Board (EDPB) has adopted an opinion* on the use of personal data for the development and deployment of AI models . This opinion looks at 1) when and how AI models can be considered anonymous, 2) whether and how legitimate interest can be used as a legal basis for developing or using AI models, and 3) what happens if an AI model is developed using personal data that was processed unlawfully. It also considers the use of first and third party data. The opinion was requested by the Irish Data Protection Authority (DPA) with a view to seeking Europe-wide regulatory harmonisation. To gather input for this opinion, which deals with fast-moving technologies that have an important impact on society, the EDPB organised a stakeholders’ event and had an exchange with the EU AI Office. EDPB Chair Talus said: “AI technologies may bring many opportunities and benefits to different industries and areas of life. We need to ensure these innovations are done ethically, safe[...]
: Brussels, 19 March - The EDPB has launched its Coordinated Enforcement Framework (CEF) action for 2026*. Following a year-long coordinated action on the right to erasure in 2025 , the CEF's focus this year will shift to compliance with the obligations of transparency and information under the GDPR . The GDPR ensures that individuals are informed when their data is being processed (under Art. 12, 13 and 14). This right to be informed is a core element of transparency and ensures that individuals have more control over their data. Next steps During 2026, 25 Data Protection Authorities (DPAs) across Europe will take part in this initiative. They will look closely to assess the compliance of controllers with their transparency obligations under the GDPR. Participating DPAs will soon contact controllers from different sectors across Europe, either through enforcement actions or fact-finding exercises. In the latter case, they might also decide to undertake additional follow-up actions if needed. During the second[...]
: Following widespread looting sprees and acts of violence occurring on the sidelines of the October 17 student protests, so-called “casseurs” seem to be the centre of attention. But the term, which comes from the French verb casser or “to break”, poses more questions than answers. The sociologist Paolo Stuppia examines the unprecedented situation many cities across France are having to contend with, and the complex combination of collective action whose motivations are unclear and the social media’s extreme agility. The Conversation: How unprecedented are the scenes of looting that we witnessed on the sidelines of the October 17 demonstrations? Paolo Stuppia: What may be unprecedented is the extent of the destruction of private property and the goods that have been stolen. It should be clear, however, that not all the looters can necessarily be sorted into identifiable groups, at least politically. Indeed, as the politician Xavier Crettiez, the sociologist Isabelle Sommier and the historian François Audigier [...]
: Buckle up for a two-lane look at car buying lfair July 30, 2020 | 1:04PM Buckle up for a two-lane look at car buying By Lesley Fair It’s one of the biggest purchases people make, but two new FTC staff reports examine some common pitfalls when consumers are in the market for a car. Buckle down and read the Bureau of Consumer Protection’s Buckle Up: Navigating Auto Sales and Financing , which focuses on the challenges buyers face in getting accurate, understandable information when shopping for a vehicle. Not in the auto business? Not so fast. The deep-dive analysis of Buckle Up and an accompanying report by BCP staff and the Bureau of Economics – The Auto Buyer Study: Lessons From In-Depth Consumer Interviews And Related Research – offer insights into the perception and behavior of consumers in the study that can apply to other industries. The FTC’s interest in auto-related transactions goes back decades. (Check out Volume 1 of Federal Trade Commission Decisions for a 1919 case regarding deception in the s[...]
: Public consultation on the draft BEREC Report on Virtual Worlds and Web 4.0 yannick.stephan Tue, 17/03/2026 - 09:26 Breadcrumbs Public Consultations & Calls for Inputs Deadline: Monday, 20 April 2026 (17:00 CEST) During the 66th BEREC plenary meeting (12-13 March 2026), the Board of Regulators approved the Draft BEREC Report on Virtual Worlds and Web 4.0 (BoR (26) 39) for public consultation. The report in a nutshell Virtual worlds (VW) and web 4.0 are at the basis of a transition to the 4th generation of internet based services, leading toward industry 4.0 and smart society. This shift is driven by artificial intelligence (AI) integration in networks and services. Hence, web 4.0 and immersive services are meant to have a significant economic and social impact by transforming the way in which industrial production evolves and automates its processes. At the same time, they transform the fruition of online content and applications by users. This draft BEREC Report provides a fully-fledged analysis. The first [...]
: Background information Date of final decision: 15 May 2025 National case Controller: SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months Key words: administrative fine, consent, unsolicited communication Summary of the Decision Origin of the case As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the cha[...]
: Background information Date of final decision: 15 May 2025 National case Controller: SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months Key words: administrative fine, consent, unsolicited communication Summary of the Decision Origin of the case As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chai[...]
: The Federal Trade Commission is returning nearly $23 million to consumers nationwide who bought deceptively marketed overseas real estate lots in what the sellers pitched as Sanctuary Belize, a supposed luxury development in southern, coastal Belize, as well as its nearby sister development, Kanantik. The FTC is mailing 1,659 checks to defrauded investors. The average amount of each check for Sanctuary Belize consumers is $16,462 and the average amount of each check for Kanantik consumers is $6,346.39. Today’s announcement represents the second mailing to consumers who invested in the Sanctuary Belize scheme, with approximately $10 million distributed previously . The first round of checks was sent only to consumers who bought property within Sanctuary Belize. Today’s checks are going to both Sanctuary Belize investors, as well as consumers who invested in Kanantik, a related development owned and operated by some of the Sanctuary Belize defendants, and other areas covered by the court relief in this case. [...]