: 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[...]
: 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 deb[...]
: 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!” “[...]
: Judge orders $13.4 million in contempt action challenging BlueHippo hype lfair May 2, 2016 | 10:52AM Judge orders $13.4 million in contempt action challenging BlueHippo hype By Lesley Fair Animation fans remember the ballet-dancing pink hippos in Fantasia . In Egyptian mythology, the god of disorder was depicted as a red hippo. And many consumers – especially those already in financial distress – were drawn in by national TV and radio ads for BlueHippo, a company that claimed to finance the purchase of computers and other electronics for people with “less than perfect credit, bad credit, no credit.” A $13.4 million ruling by a United States District Judge in an FTC contempt action sends a message to hippos of all hues (and businesses) about the FTC’s commitment to effective order enforcement. In 2008, the FTC sued BlueHippo Funding and BlueHippo Capital for, among other things, not delivering ordered merchandise, failing to make disclosures required by the Truth in Lending Act and Regulation Z, and illegally[...]
: 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 read[...]
: 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[...]
: 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[...]