: 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 FairWhen 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 anyo[...]
: 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 c[...]
: 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 FairFirst, 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 unde[...]
: 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[...]
: By: Susannah Tredwell , Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann , Instructional Librarian, Law Library, University of British Columbia Since 1988, when CALL/ACBD’s Copyright Committee was first set up, CALL/ACBD has advocated for its members' interests in the area of copyright. While the primary focus of CALL/ACBD’s copyright advocacy over the last few years has been on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole. Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law will be representing CALL[...]
: FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices lfair July 30, 2018 | 11:05AM FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices By Lesley Fair If it looks like a duck and quacks like a duck, it’s probably a duck. But the same can’t be said for a mailer that looks like an official invoice. It could be an “o- fishy -al” offer that deceptively mimics the appearance of a government document. A case filed by the FTC and the Florida Attorney General challenges the practice of sending mailers that allegedly create the false impression that small businesses are required to buy labor regulation posters from the sender. Consider what defendants Starwood Consulting, also doing business as Corporate Compliance Services, and company president Thomas Henry Fred, Jr., sent to small businesses. The mailers – which include a Washington, D.C., 202 area code – are titled “LABOR LAW COMPLIANCE REQUEST FORM” and include the warning “Failure to comply with posting regulations can lead to fine[...]