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Online sellers: How the INFORM Consumers Act could impact your business lfair August 18, 2023 | 12:43PM Online sellers: How the INFORM Consumers Act could impact your business By Lesley Fair The INFORM Consumers Act took effect on June 27, 2023. The FTC has issued staff guidance for online marketplaces and now we have advice for online sellers whose businesses may be affected by the new law. Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – or the INFORM Consumers Act – to make online transactions more transparent. The law requires “online marketplaces” to collect, verify, and disclose certain information about “high-volume third party sellers.” Informing Businesses about the INFORM Consumers Act explains more about how the law defines those terms, discusses what’s required of online marketplaces, and outlines the substantial penalties the FTC and state law enforcers may seek if online marketplaces violate the
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Concerned about deceptive earnings claims? So’s the FTC, and we want your feedback jensor January 13, 2025 | 2:45PM Concerned about deceptive earnings claims? So’s the FTC, and we want your feedback By Julia Solomon Ensor It’s a persistent problem the FTC’s aggressive enforcement program’s been fighting for decades: we’re talking about companies and programs that lure in entrepreneurs, investors, or participants with promises of significant earnings, and then fail to deliver. Today the FTC announced proposed rulemakings to strengthen the agency’s tools to curb deceptive earnings claims in industries where reports indicate they are pervasive: money-making opportunities and multi-level marketing (MLM) programs. If finalized, the proposals would allow the FTC to seek stronger relief – like money back for consumers or civil penalties – from covered companies making deceptive claims. Today’s announcement involves three proposals that work together. Each p
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“Amazing Wealth System” not so amazing, alleges the FTC lfair March 23, 2018 | 12:17PM “Amazing Wealth System” not so amazing, alleges the FTC By Lesley Fair An FTC lawsuit alleges that money-making claims made by a related group of companies and individuals for their Amazing Wealth System are “amazing” all right – if by “amazing” you mean “not credible” or “unsupported by the facts.” The complaint charges the defendants with violating the FTC Act and the Business Opportunity Rule . One interesting factual twist is how elements of the “system” allegedly depend on subverting Amazon’s rules about online reviews and third-party sales. Defendants advertise their Amazing Wealth System via direct mail, radio, YouTube videos, social media, and live events. (Consumers may know them by names like Amazon Wealth Systems, FBA Stores, Insider Online Secrets, or Online Auction Learning Center. But let’s be clear: The defen
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Recognize Data Privacy Day by protecting your small business from cybercriminals chundycz January 28, 2026 | 8:02AM Recognize Data Privacy Day by protecting your small business from cybercriminals Your small business likely has had many milestones. Hiring your first employee. Opening your doors for the first time. Making your first sale. But some milestones you’d probably rather avoid — like experiencing your first cyberattack. Think you’re too small to target? Think again. Cybercriminals target companies big and small, so this Data Privacy Day keep your business’s data (and your customers’ data) safe by reviewing the FTC’s updated resources at ftc.gov/cybersecurity . At ftc.gov/cybersecurity , you’ll find the FTC’s updated article, Cybersecurity for Small Business, included in the FTC’s suite of small business materials at ftc.gov/smallbusiness . This covers eight topics ranging from the importance of using email authentication technology
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FTC says deceptive rental listings were nothing to write home about lfair September 17, 2018 | 1:03PM FTC says deceptive rental listings were nothing to write home about By Lesley Fair As the song goes, “A house is not a home.” And as alleged in an FTC lawsuit against the operators of rental listing websites , sometimes an apartment isn’t an apartment. Steven Shayan, Kevin Shayan, and affiliated companies run ApartmentHunterz.com, FeaturedRentals.com, and WeTakeSection8.com. For consumers who pay weekly or monthly subscription fees, the defendants promise accurate listings for available units. For example, ApartmentHunterz.com claims its “unique, date-sensitive, rental software updates the listings on a daily basis, so that the data you receive from us is the most accurate and up-to-date information available on the Web today.” Touting “Real-Time Vacant rental listings,” the site purports to feature “over 1,000,000 hourly updated ads” and “over 15,00
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Data security hearings start today: Watch the webcast lfair December 11, 2018 | 8:43AM Data security hearings start today: Watch the webcast By Lesley Fair Y ou’ve probably been following the FTC Hearings on Competition and Consumer Protection in the 21st Century. The next two days of hearings – Tuesday, December 11th, and Wednesday, December 12th – will take a deep dive into a topic of interest to just about every business and consumer: data security . No matter where you’re located, it’s easy to participate. Today’s proceedings begin at 10:10 Eastern Time. After opening remarks from Andrew Smith, Director of the FTC’s Bureau of Consumer Protection, panels will cover data breaches, incentives to invest in data security, and the consumer demand for it. Speakers include academics, industry members, and security researchers. The two-day hearing is free and open to the public at the FTC’s Constitution Center, 400 7th Street, S.W., located at the Metro L’Enfan
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FTC’s Approach to Consumer Privacy: Watch the webcast live lfair April 9, 2019 | 8:44AM FTC’s Approach to Consumer Privacy: Watch the webcast live By Lesley Fair We do our best to keep the puffery in check. So when we say an event features a star-studded line-up of panelists, we think we can substantiate that claim. The FTC’s ongoing Hearings on Competition and Consumer Protection in the 21st Century have brought luminaries together to discuss the impact on the FTC’s mission of broad-based changes in the economy, evolving business practices, and tech developments. The April 9th and 10th hearing s on The FTC’s Approach to Consumer Privacy are no exception – and you can watch the webcast live. After opening remarks on Tuesday at 9:0 0 ET from FTC Chairman Simons, the morning panels will discuss Goals of Privacy Protection and The Data Risk Spectrum . Commissioner Phillips will lead off the afternoon session, which features panels on Consumer Demand and Expectations for Privac
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PrivacyCon: Watch the webcast lfair June 27, 2019 | 8:31AM PrivacyCon: Watch the webcast By Lesley Fair The stars are aligning – the privacy and security stars, that is. The FTC’s fourth PrivacyCon convenes today, June 27, 2019. Experts from around the globe will discuss their latest research into privacy and data security, and the consumer protection implications of their findings. Minutes before FTC Chairman Simons convenes PrivacyCon at 9:15 ET this morning, visit the event page to watch the webcast live. Join the discussion on Twitter, using the hashtag #PrivacyCon19.
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Watch the FTC Made in the USA webcast lfair September 26, 2019 | 7:39AM Watch the FTC Made in the USA webcast By Lesley Fair How do consumers interpret “Made in the USA” and other U.S.-origin claims? What can the FTC do to improve its enforcement program? Those are just two of the topics on the table at today’s Made in the USA workshop. FTC Bureau of Consumer Protection Director Andrew Smith will start the discussion at 8:30 a.m. Eastern Time. It promises to be a fast-paced, content-packed half-day event. Minutes before the start time, you can watch the webcast live from the workshop webpage
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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 that t
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Protect your business from scams and online threats this National Small Business Week arayo May 1, 2026 | 2:58PM Protect your business from scams and online threats this National Small Business Week By BCP Staff Powered by vimeo embed video generator Share this video using the links in the player above or use the YouTube version . All week long, learn how the FTC can help you protect your small business from scams and online threats. Run a small business or want to support the small businesses in your community? Here’s how you can get involved. View and share the FTC’s videos for small businesses . Join in the #SmallBusinessWeek conversation on social media. Follow the FTC on Facebook , Instagram , and X at @FTC to share graphics this week. Join one (or more) of these virtual events (and invite other small business owners to come too): National Small Business Week Virtual Summit | Tuesday, May 5 and Wednesday, May 6, 11am – 6pm ET Visit the FTC booth at the
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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
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New date for FTC workshop on ticket sales lfair February 12, 2019 | 10:52AM New date for FTC workshop on ticket sales By Lesley Fair You won’t need a ticket, but you will need to mark your calendar for June 11, 2019 . That’s the new date for That’s the Ticket , an FTC workshop about online ticket sales. The workshop – originally scheduled for March – will explore the ticket sales marketplace, consider industry-wide advertising and pricing issues, and discuss ways to address deception beyond traditional law enforcement. Topics include ticket bots, the Better Online Ticket Sales Act ( BOTS Act ), the resale ticket market, disclosures of pricing and fees, and possible consumer confusion about search engine ads and websites of resellers. (The GAO has issued a report summarizing these issues.) Commissioner Slaughter will offer opening remarks. We’ll announce the rest of the agenda as the event draws nearer. The June 11th workshop – it’s free and open to the public &n
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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
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Top frauds of 2018 lfair February 28, 2019 | 12:21PM Top frauds of 2018 By Paul Witt, Supervising Data Analyst, FTC Bureau of Consumer Protection Every year, millions of consumers tell us – and our partners – about the frauds they spotted. In 2018, we heard from 3 million people and learned a lot from the reports entered into our Consumer Sentinel database . Here are some notable facts from the Consumer Sentinel Network’s 2018 Data Book – including that a new category of scams has earned the unenviable right to chant "We’re #1." We collected more than 1.4 million fraud reports, and people said they lost money to the fraud in 25% of those reports. People reported losing $1.48 billion (with a “b” ) to fraud last year – an increase of 38% over 2017. The top reports in 2018 were: imposter scams, debt collection, and identity theft. Younger people reported losing money to fraud more often than older people. Let that sink in. It’s what the data have be
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Showcase your research at PrivacyCon 2020 lfair October 11, 2019 | 1:36PM Showcase your research at PrivacyCon 2020 By Lesley Fair How would we describe PrivacyCon 2020 ? Is it Burning Man without the flames? The New Orleans Jazz Festival – minus the jazz and the festival? The best way to know what PrivacyCon is all about is to mark your calendar for July 21, 2020, and attend the FTC’s fifth annual gathering of leading privacy researchers. And check out our Call for Presentations to see if PrivacyCon would be a good forum for your recent research. Like its four predecessors, PrivacyCon 2020 will consider the broad range of privacy and data security issues. But this time we’re also taking a deeper dive into the privacy of health information that is collected, stored, and transmitted by apps. We’re looking for experts who can summarize their current research in a 10-minute presentation, followed by a panel discussion applying those findings to questions of consumer protection law and pol
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FTC consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agenc
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Joint letters take new steps to stop illegal Coronavirus robocalls lfair April 3, 2020 | 1:57PM Joint letters take new steps to stop illegal Coronavirus robocalls By Lesley Fair Consumers hate illegal robocalls. And as the thousands of reports pouring into the FTC indicate, they also hate robocalls that exploit concerns about Coronavirus. In recent months, the FTC has taken innovative steps to take on not only illegal robocallers, but also companies that “assist and facilitate” their conduct. Just last week, FTC staff sent warning letters to nine businesses that provide Voice over Internet Protocol (VoIP) services or other assistance to some of the entities that may be behind the onslaught of bogus COVID-19 calls. Additional letters just went out that reflect unprecedented actions in the fight against fraud. Warning letters were sent to three VoIP providers: SIPJoin, Connexum, and VoIP Terminator d/b/a BLMarketing. According to the letters, investigations have revealed that these companies transmi
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FTC says Bronx Honda discriminated against African-American and Hispanic consumers lfair May 27, 2020 | 12:55PM FTC says Bronx Honda discriminated against African-American and Hispanic consumers By Lesley Fair The FTC’s complaint against Bronx Honda alleges the company jacked up what consumers had to pay by fabricating fees, inflating charges, and sneaking in stealth add-ons. The lawsuit also alleges the defendants discriminated against African-American and Hispanic consumers by charging them higher financing markups and fees, in violation of the Equal Credit Opportunity Act and Reg B. The $1.5 million proposed settlement, which requires the company to implement a fair lending program that safeguards against discrimination, should serve as a reminder to other businesses that may be overdue for an ECOA compliance check. The FTC says the company’s deceptive advertising claims were just the start. According to the complaint, Bronx Honda advertised some vehicles with a “Was” price and a lo
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Protecting small businesses seeking financing during the pandemic lfair August 3, 2020 | 11:33AM Protecting small businesses seeking financing during the pandemic By Andrew Smith, Director, FTC Bureau of Consumer Protection Small businesses are a critical part of the U.S. economy, providing opportunity and employment to consumers across the country. Unfortunately, the current health crisis has brought financial strain to small businesses and their ability to secure the financing they need to survive. So now more than ever, struggling businesses and their owners need protection from deceptive and unfair practices. And the FTC is working swiftly to provide it. Since the onset of the pandemic, we have taken enforcement actions and used other tools to stop financing providers and their marketers from targeting businesses with unlawful conduct. For example, today we announced a lawsuit against Yellowstone Capital , a merchant cash advance provider that we allege took unauthorized withdrawals from consumers’
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COPPA Guidance for Ed Tech Companies and Schools during the Coronavirus lschifferle April 9, 2020 | 8:18AM COPPA Guidance for Ed Tech Companies and Schools during the Coronavirus By Lisa Weintraub Schifferle “Social distancing,” “shelter-in-place,” “virtual happy hour”— these are some of the new expressions on everyone’s lips the past few weeks. For many, add “remote learning” to the list. Because of school closures, millions of students are now using online, education technology (or “ed tech”) services to engage in remote learning from home. And while this fills a vital need, it’s important to keep in mind that many of these ed tech services collect and use student’s personal information. So, it’s a good time to remind ed tech providers and schools about the continued need to protect student’s privacy and safeguard their personal data. To help, here are some FAQs. What is the Children’s Online Privacy Protec
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Root, root root for the regions lfair September 24, 2018 | 2:03PM Root, root root for the regions By Andrew Smith, Director, FTC Bureau of Consumer Protection T his year eight major league baseball teams are celebrating milestone anniversaries – and so are the FTC’s regional offices. In 1918, the Commission opened the first three of its regional offices. Today, eight regional offices continue to knock it out the park on behalf of America’s consumers. So it’s only fitting that on this momentous day we acknowledge the regional offices’ century of pennant-winning performances. According to the Commission’s 1918 Annual Report, “In order to expedite the greatly increased work of the Commission . . . small branch offices were established in New York, Chicago, and San Francisco.” Over time, the FTC has added other locations for a current total of eight offices in seven regions. Regional staff work with the Bureau of Consumer Protection and the Bureau of Competition on
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20 more warning letters tell companies to cut out unproven COVID-19 claims lfair August 14, 2020 | 11:41AM 20 more warning letters tell companies to cut out unproven COVID-19 claims By Lesley Fair Coronavirus claims for zappers, virus-busting cards, sage, oregano, and bay leaves are among the representations called into question in the latest round of warning letters sent by FTC staff . With the total closing in on 300, the letters make it clear that companies need to clean up their claims about preventing or curing COVID-19. Here are the products and promises that have raised the most recent concerns. The1VirusBuster. Citing statistics on the proliferation of coronavirus, the company promoted The 1 Virus Buster Cards as “safe, simple, and effective. All you need to do is hang it on your neck or attach it to your collar, close to your mouth and nose. If used correctly, it kills 99.99% of most harmful bacteria and viruses, which live in the air you breathe, within a three-foot radius.” Activ
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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 a
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$88 million back for AT&T customers: An inside look at a refund program lfair December 8, 2016 | 11:15AM $88 million back for AT&T customers: An inside look at a refund program By Lesley Fair Chances are that you or someone you know will be among 2.7 million AT&T Mobility customers who will be getting a refund soon. The FTC is returning a total of $88 million to people who were billed for premium text message services they didn’t authorize. But even if the settlement doesn’t directly benefit you as a consumer, it offers insights for business people about the steps the FTC takes to get refunds back to consumers – and the seriousness with which we approach that stewardship role. The FTC settlement was part of a joint action with the FCC and Attorneys General from all 50 states and the District of Columbia to crack down on mobile cramming. The FTC alleged that third parties placed unauthorized charges for trivia, horoscopes, celebrity tidbits, etc., on the phone bills of AT&T customers with AT&
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A clothes look at the RN database: Q&A with FTC staff lfair October 5, 2017 | 11:18AM A clothes look at the RN database: Q&A with FTC staff By Lesley Fair It’s not much bigger than a postage stamp, but the label on many textile, wool, and fur products provides important information, including fiber content, country of origin, and a company name or Registered Identification Number (RN). The FTC administers the RN system and industry members will want to check out recent upgrades to the RN website . With RNs and labels on our mind, we asked some common RN-related questions to attorney Josh Millard, whom we’d label as one of the FTC’s go-to people on the subject. First things first. What’s an RN? JOSH: A Registered Identification Number (RN) is a numerical designation – the prefix RN followed by a set of digits – that identifies the company responsible for marketing, distributing or otherwise handling a product covered by the Textile, Wool, and Fur Acts. Because s
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Background checks? Don’t double-dip. lfair February 16, 2017 | 9:56AM Background checks? Don’t double-dip. By Tiffany George Need to verify an applicant's employment or income history? Checking to see if a candidate has a criminal history or civil judgments? If you get information from a company that compiles it so you can make eligibility determinations, you must comply with the Fair Credit Reporting Act (FCRA) . That means no double-dipping. If you get a consumer report for one purpose, don’t use it for a different purpose. The FCRA applies when you use consumer reports to determine things like eligibility or pricing for credit, insurance, or housing; eligibility for employment, government benefits, licenses, membership in an organization; or admission to an educational institution. If you use consumer reports to make eligibility decisions, make sure you review the Notice to Users of Consumer Reports . Consumer reporting agencies (CRAs) are required to give you this document to inform
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FTC’s Lord & Taylor case: In native advertising, clear disclosure is always in style lfair March 15, 2016 | 8:37AM FTC’s Lord & Taylor case: In native advertising, clear disclosure is always in style By Lesley Fair It’s a fetching frock with spaghetti straps, an engineered paisley print, and an asymmetrical hemline. And it’s at the center of a law enforcement action against department store chain Lord & Taylor for its allegedly deceptive use of native advertising – the first case of its kind since the FTC released its Enforcement Policy Statement in December. The lawsuit also challenges Lord & Taylor’s “product bomb” campaign on Instagram as misleading. Lord & Taylor used an extensive social media push to launch Design Lab, its own apparel line aimed at women between 18 and 35. The strategy was interesting: Focus on just one item – that paisley asymmetrical dress. For the native advertising part of the campaign, Lord & Taylor signed a contract to have Nylo
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Free means free, says the FTC wfg-adm109 May 23, 2011 | 3:37PM Free means free, says the FTC By Lesley Fair You can swim freestyle. You can work freelance. And there are those among us who still hold up lighters and yell “Play Free Bird.” But for marketers, one thing you can’t do is advertise a product as free and then bill customers’ credit cards — not once and certainly not over and over and over again. The legal theories advanced in the pending case against Canadian Jesse Willms , ten companies the FTC says he controls, and other individual and corporate defendants aren’t new. What’s noteworthy is the sheer scope of the international enterprise: The FTC says the defendants raked in more than $467 million from consumers in the US, Canada, UK, Australia and New Zealand through an elaborate scheme of false product claims, unauthorized celebrity endorsements, forced upsells , undisclosed terms and conditions, unauthorized charges, and ruses desi
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Watch what you're doing with time-barred debts wfg-adm109 January 30, 2012 | 10:56AM Watch what you're doing with time-barred debts By Lesley Fair Of course, people are responsible for their debts. However, at a certain point, how much time has passed becomes an affirmative defense under state law and creditors can’t prevail in court. But what happens if a payment is made on a time-barred debt? A consumer can really get clocked — because in many states the debt can be revived if a person makes a payment or says in writing that they intend to. The FTC has announced a $2.5 million settlement with Asset Acceptance, LLC, for allegedly breaking the law in how it tried to collect time-barred debts. Michigan-based Asset Acceptance buys unpaid debts from credit card companies, health clubs, companies that provide telecom or utility service, and other debt buyers. Getting the debts for pennies on the dollar, the company targets accounts other collectors have pursued un
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What’s on the regulatory review roll? FTC announces Franchise Rule workshop lfair September 4, 2020 | 1:36PM What’s on the regulatory review roll? FTC announces Franchise Rule workshop By Lesley Fair Etymologists – the word origin people – trace “franchise” back to a mash-up of French terms meaning both “forthright expression” and “membership.” Five hundred years later and those two concepts remain intertwined in the FTC’s Franchise Rule. Join us virtually on November 10, 2020 , as we host an online public event, Reviewing the Franchise Rule: An FTC Workshop . In place since 1978, the goal of the Franchise Rule is to provide people thinking about buying a franchise with information they need to weigh the risks and benefits of a potential investment. At the heart of the Rule is the Franchise Disclosure Document. The document must include key information about the franchise and it must appear in a standardized format to make it easier for prospec
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Will your research take centerstage at PrivacyCon 2021? lfair December 16, 2020 | 10:08AM Will your research take centerstage at PrivacyCon 2021? By Lesley Fair It’s an annual celebration of the innovative, the audacious, and the avant garde. The Met Gala? Not quite. It’s the FTC’s sixth PrivacyCon , scheduled to convene virtually on July 27, 2021 . PrivacyCon brings together researchers, academics, consumer advocates, industry members, and law enforcers to discuss what’s new and noteworthy in data security and consumer privacy. Interested in showcasing your research at PrivacyCon? The FTC just issued a Call for Presentations explaining the process for submitting your work for consideration. As the Call for Presentations explains, we’re looking primarily for empirical research and demonstrations (as opposed to opinion pieces about policy) completed since January 1, 2020. The universe of topics is broad, but some possibilities include: privacy and security issues related to w
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Identity theft? Show me the records lfair December 18, 2017 | 10:29AM Identity theft? Show me the records By Amanda Koulousias There’s been a lot of talk about identity theft lately. Maybe you’ve even heard from customers affected by it. Your help can make a big difference. In fact, did you know that your business is required to provide identity theft victims with copies of records relating to the theft? The Fair Credit Reporting Act (FCRA) Section 609(e) requires you to provide identity theft victims – or law enforcement at the victim’s request – with a copy of records relating to the theft. Following a written request from an identity theft victim, you must provide the records within 30 days, free of charge and without a subpoena. This is sometimes called “the business records turnover provision.” Identity theft victims may need the records to document the crime or clear up their good name. You want to help them and you know you need to comply with the law. So, make
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Stick with Security: Secure paper, physical media, and devices lfair September 29, 2017 | 12:21PM Stick with Security: Secure paper, physical media, and devices By Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection High-profile hackers grab the headlines. But some data thieves prefer old school methods – rifling through file cabinets, pinching paperwork, and pilfering devices like smartphones and flash drives. As your business bolsters the security of your network, don’t let that take attention away from how you secure documents and devices. FTC law enforcement actions, closed investigations, and experiences we’ve heard from businesses demonstrate the wisdom of adopting a 360° approach to protecting confidential data. As Start with Security suggests, securing paper, physical media, and devices is an important part of that strategy. Securely store sensitive files. If your company has already committed to starting with security, you understand the importance of collecting s
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Full Disclosure wfg-adm109 September 7, 2010 | 11:56AM Full Disclosure By Lesley Fair The FTC’s first law enforcement action related to the revised Endorsement Guides offers compliance insights for marketers. In a proposed settlement with Reverb Communications, Inc. , the FTC alleged that employees of a public relations agency hired by game developers posed as consumers and posted reviews on Apple’s iTunes store without disclosing that the reviews came from people working on behalf of the developers. According to the FTC, in addition to giving their clients’ game apps high ratings, Reverb employees posted comments like "Amazing new game," "ONE of the BEST," "[Company] hits another home run with [product name]," "Really Cool Game" "GREAT, family-friendly board game app," "One of the best apps just got better" and "[Company] does it again!" They didn’t disclose that the company was hired to promote the
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"Talkin' 'bout lead gen-eration" wfg-adm109 February 2, 2011 | 4:27PM "Talkin' 'bout lead gen-eration" By Lesley Fair As a recent FTC action against three companies and their owner proves, ads promising quick and easy relief from credit card debt are likely to attract law enforcement attention. But this case featured an interesting twist because what the company really was up to was generating leads it turned around and sold to other companies. According to the FTC’s lawsuit against Media Innovation, Hermosa Group, Financial Future Network, and Jonathan Greenberg, the Rockville, Maryland, companies advertised debt settlement services through English and Spanish radio and television ads that ran nationally. The ads featured a laundry list of questionable claims: ► Find out today how quickly and easily you can eliminate your debt. ► Let the professionals at the Financial Future Network help, and enjoy the freedom of debt-free living. ► It's quic
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FTC announces first mobile app case wfg-adm109 August 15, 2011 | 9:41AM FTC announces first mobile app case By Lesley Fair There are some combinations that raise immediate compliance issues for responsible businesses — and kids’ privacy and mobile applications are among them. A settlement announced by the FTC — the agency’s first involving a mobile app — sends the important message that consumer protection laws and rules apply with full force in the mobile marketplace. W3 Innovations, which does business as Broken Thumbs Apps, develops and distributes mobile apps. Several of their apps, including the Emily’s Girl World, Emily’s Dress Up & Shop, and Emily’s Runway High Fashion apps, were directed to children and were marketed in the Games-Kids section of Apple’s App Store. The Emily apps, which had more than 50,000 downloads, allow kids to play games, create virtual models, and design outfits. The apps encouraged them to email Emily&rsqu
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Letter to Morgan Stanley offers security insights about insiders lfair August 10, 2015 | 3:18PM Letter to Morgan Stanley offers security insights about insiders By Lesley Fair Businesses are understandably concerned about the threat that hackers pose to the security of sensitive data on their networks. But a closing letter the FTC staff sent to Morgan Stanley Smith Barney LLC warns of another danger lurking closer to home. The FTC staff investigated the allegation that a Morgan Stanley employee had misappropriated information about the company’s wealth management clients. How did the person do it? By allegedly transferring data from Morgan Stanley’s network to a personal website accessed at work, and then onto personal devices. The exported data later showed up on other sites, leaving the information vulnerable to misuse – and exposing Morgan Stanley’s clients to potential harm. The letter lists the staff’s reasons for closing the investigation, including the fact that Morgan Sta
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Spilling the beans: The anatomy of a diet craze lfair January 26, 2015 | 1:07PM Spilling the beans: The anatomy of a diet craze By Lesley Fair Some people call it the “Oz Effect” – the bump in consumer demand after a product or ingredient is featured on the The Dr. Oz Show. In a just-announced settlement, the FTC says defendants Lindsey Duncan, Pure Health LLC, and Genesis Today, Inc., took advantage of that phenomenon by deceptively touting the purported weight loss benefits of green coffee bean extract . The complaint recounts how defendant Duncan fueled a diet craze. The story has it all: a national TV appearance, a popular host, claims that people would lose weight without diet or exercise, and a comprehensive marketing campaign designed to take advantage of all of the above. The only thing missing, according to the FTC, was proof the product actually worked. As the complaint recounts, a Dr. Oz producer contacted Texas-based Lindsey Duncan, who had been on the show before, about an appea
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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 fa
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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 – l
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Claims for DanActive False and Deceptive, says FTC wfg-adm109 December 20, 2010 | 11:01AM Claims for DanActive False and Deceptive, says FTC By Lesley Fair In addition to allegations about Activia Yogurt , the FTC’s recent settlement with Dannon Corporation challenged health claims for DanActive, a probiotic dairy drink advertised to reduce the likelihood of getting colds or flu. In one ad cited in the complaint, a boy is show taking a test in school, playing baseball in the rain, and – poor kid – getting decked repeatedly in martial arts class. He arrives home looking tired and drops his backpack by the front door. As his mother greets him, the color drains from his face and body. Mom then reaches into the fridge and takes out a DanActive as the narrator says “Your kids have a hectic life and don’t always eat right, and you don’t want their defenses to be weak. Delicious DanActive can strengthen them.” As the boy drinks the beverage, that&rsqu
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The FTC's Google settlement: What's the buzz? wfg-adm109 April 1, 2011 | 4:28PM The FTC's Google settlement: What's the buzz? By Lesley Fair “Sweet! Check out Buzz.” “Nah, go to my inbox.” That was the intriguing choice facing Gmail users last year when Google launched Google Buzz, its social network. But according to a settlement announced this week by the FTC, the company violated the privacy promises it made to Gmail users and used deceptive tactics in the Buzz rollout. The story starts with Google’s privacy policy. From October 2004 until October 2010, Gmail users were told, "Gmail stores, processes and maintains your messages, contact lists and other data related to your account in order to provide service to you." On the subject of the choices users had about the use of their personal information in all of Google’s products, including Gmail, the privacy policy said, "When you sign up for a particular service that requires reg
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Zero sum game? jonmorgan March 21, 2014 | 10:36AM Zero sum game? By Lesley Fair For people in the market for a car, an ad on YouTube for Massachusetts-based Courtesy Auto Group featured some eye-catching numbers: “Get behind the wheel of the new 2013 Kia Sorento, now lease priced for $239 a month with zero down, or sale priced at $20,980.” To emphasize the point, the visual on the screen highlighted in bold letters: $239/mo with $0 down But it’s what came later that led to an FTC lawsuit – and the tenth settlement with a dealership to emerge from the agency’s Operation Steer Clear . Consumers looking at Courtesy's video had to take out their magnifying glasses and brush up on their speed-reading skills because the end of the ad featured 33 lines of small, blurry text that scrolled down the screen with the pedal to the metal. We won’t make you parse through all 380 words, but here’s just a sample: . . . Sorento: Priced with all applicable Ma
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Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FD
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When “IP” stands for illegal practices: Protecting your business from trademark deception lfair September 13, 2024 | 11:10AM When “IP” stands for illegal practices: Protecting your business from trademark deception By Lesley Fair To safeguard the widgets in the warehouse, companies secure their facilities and put inventory controls in place. To protect assets that may be even more valuable – intellectual property like patents and trademarks – savvy businesses follow the registration and renewal processes established by the United States Patent and Trademark Office (USPTO). But guess who else knows how highly your company values your trademarks? Scammers. That’s why they try to trick trademark applicants and owners into paying phony fees by falsely claiming an affiliation with the USPTO or by using other questionable tactics. The USPTO and the FTC have advice on how you and your staff can spot, stop, and report possible trademark-related deception. Some scammers resort
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FTC recaps consumer complaint data for 2017: Who’s on the list? lfair March 1, 2018 | 5:17PM FTC recaps consumer complaint data for 2017: Who’s on the list? By Lesley Fair Once bitten, twice shy. That fundamental principle of human behavior is why reputable businesses that work hard to earn consumers’ confidence should support the FTC’s ongoing efforts to fight fraud. According to the FTC’s 2017 Consumer Sentinel Data Book , consumers reported losing a total of $905 million to fraud last year. That’s close to a billion bucks people won’t be able to spend on legitimate products and services from credible companies. That figure is up $63 million from last year, although the total number of reports received from consumers is down from 2.98 million in 2016 to 2.68 million in 2017. Topping the list that no industry wants to be on is debt collection, making up 23% of the total number of complaints. But there are two caveats: 1) that number is down from 2016; and 2) the high
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FTC takes steps to stop deceptive and unfair labor market practices kkrown September 24, 2025 | 1:04PM FTC takes steps to stop deceptive and unfair labor market practices Image Deceptive and unfair labor market practices hurt American workers and honest businesses that comply with the law. Protecting workers and ensuring fair, honest, and competitive labor markets is a top priority of Federal Trade Commission Chairman Andrew N. Ferguson. In February, Chairman Ferguson made clear that the FTC would stay vigilant as he announced the formation of the agency’s Labor Task Force focused on maximizing the agency’s broad-based jurisdiction and interdisciplinary expertise to confront the challenges facing American workers. In the Bureau of Consumer Protection, this mission includes continuing to fight employment-related scams, which year on year cost Americans searching for jobs hundreds of millions of dollars. Reported job scams — for example, imposters posing as recruiters to try to steal an a
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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 implemente
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Planning a social media marketing campaign? Read this first. lfair November 13, 2018 | 12:24PM Planning a social media marketing campaign? Read this first. By Lesley Fair It started as one of those “run it up the flagpole” ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding warnings about the Zika virus. Public relations firm Creaxion Corporation and specialty sports magazine publisher Inside Publications used a variety of digital strategies on behalf of the brand: athlete endorsements, social media posts, “advertorials,” and consumer reviews. But according to the FTC’s complaint , their efforts violated established FTC advertising principles. Which of those strategies are you using? And are you avoiding legal pitfalls by making appropriate disclosures? Creaxion – an Atlanta-based marketing and PR company – was approached by client HealthPro Brands to help launch its mosquito repe
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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 c
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Data security settlement with service provider includes updated order provisions lfair June 12, 2019 | 11:39AM Data security settlement with service provider includes updated order provisions By Lesley Fair The domino principle. The ripple effect. The butterfly phenomenon. Apply the analogy of your choice to describe what happens when one software developer ’s allegedly lax security practices result in the breach of confidential customer information maintained by multiple businesses that use the software. If your business is a service provider – or if your company uses third-party service providers to help manage your data – a proposed FTC settlement merit s your attention. One notable aspect of the case: a proposed order that includes new data security requirements reflecting the current Commission priority of updating its data security orders. Many third-party service providers sell industry-specific data management software to consumer-facing businesses. One example is DealerBuilt, softwa
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FTC asks “Do consumers notice class action notices?” lfair September 9, 2019 | 11:17AM FTC asks “Do consumers notice class action notices?” By Lesley Fair Do consumers notice consumer class action notices? That’s one of the topics that experts will discuss at an upcoming FTC workshop on issues related to communicating with consumers about class actions . Set for October 29, 2019, in Washington, DC, Consumers and Class Action Notices: An FTC Workshop will feature panelists from a wide range of perspectives exploring what the research suggests about notice methods, claims rates, and redress – and what can be done to improve consumer participation in class action settlements. To enhance our understanding of the issues, FTC staff just released a report summarizing the findings of two studies involving consumer class actions. In the first study, we looked at a sample of more than 140 cases and analyzed how variables like notice methods and compensation amounts affected consumer
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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 R
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Don’t waste your energy on a solar scam lbungo August 7, 2024 | 12:43PM Don’t waste your energy on a solar scam By Larissa Bungo Solar energy and other high efficiency home improvements can help reduce energy consumption and lower utility costs for homeowners. As going solar or using clean or renewable energy gets more popular, bad actors have joined the movement, too. Be aware of solar energy scams – everything from scammers pretending to be affiliated with the government or utility company to businesses misrepresenting the cost of improvements, savings, and financing options. If your company offers solar energy, remember that claims must not only be truthful, but also comply with established consumer protection laws, including the FTC Act and the FTC’s new Impersonation Rule . Be truthful . Every clean energy company has a responsibility to be honest and upfront with consumers. Be transparent about what you’re offering. Disclose the total cost for your product or service,
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En banc Court of Appeals rules in FTC’s favor on common carrier issue lfair February 28, 2018 | 2:37PM En banc Court of Appeals rules in FTC’s favor on common carrier issue By Lesley Fair If you’ve been following the FTC’s lawsuit against AT&T alleging deceptive and unfair data throttling, there’s important news. A unanimous en banc decision of the United States Court of Appeals for the Ninth Circuit ruled in the FTC’s favor on a key issue involving the agency’s jurisdiction. You’ll want to read the opinion for the details, but here’s what Acting Chairman Ohlhausen said about it : “I welcome the Ninth Circuit’s ruling as good news for consumers. It ensures that the FTC can and will continue to play its vital role in safeguarding consumer interests including privacy protection, as well as stopping anticompetitive market behavior.” Filed in 2014 , the FTC’s complaint alleged that AT&T Mobility LLC failed to adequately disclose to its
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First INFORM Consumers Act enforcement case filed against online marketplace Temu kkrown September 5, 2025 | 10:00AM First INFORM Consumers Act enforcement case filed against online marketplace Temu Online marketplaces and third party sellers looking for a refresher on the INFORM Consumers Act should look no further than the recent settlement with Whaleco, Inc., which operates the online marketplace Temu. The complaint alleges the company failed to provide online shoppers with required information and tools. This is the first case brought to enforce the INFORM Act. The INFORM Act, which went into effect in 2023, seeks to make online transactions more transparent. Among other things, the law requires online marketplaces to collect, verify, and disclose certain information about high-volume third party sellers. ( Informing Businesses about the INFORM Consumers Act has more on how the law defines terms, what’s required of online marketplaces, and the substantial penalties the FTC and state law enforc
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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 t
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Telegram to MoneyGram: Stop fraud. And pay up. Again. chundycz November 8, 2018 | 3:34PM Telegram to MoneyGram: Stop fraud. And pay up. Again. By Michael Atleson If you run a business that offers people a way to send money to other people, you may want to pay attention to whether your service is catering to fraudsters. It’s an important message because, for many years, money transfers have been a preferred payment method for scammers, who know that they can pick up the cash and disappear. And it’s a message some companies apparently need to hear twice. Back in 2009, the FTC sued MoneyGram for failing to address fraud-induced money transfers in its system. It’s a big system: MoneyGram offers its services to consumers worldwide through a network of agent locations – currently numbering about 350,000. And it was a lot of fraud: more than $84 million in consumer losses from 2004 to 2008. The FTC charged that MoneyGram knew its system was being used for fraud but did very little about it, a
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Venmo settlement addresses availability of funds, privacy practices, and GLB lfair February 27, 2018 | 12:06PM Venmo settlement addresses availability of funds, privacy practices, and GLB By Lesley Fair Advances in payment methods could end those open-wallet debates about who owes what for the pizza. But as innovative technologies change how people pay for things, established consumer protection principles apply. An FTC complaint against peer-to-peer payment service Venmo – now operated by PayPal – alleges that the company failed to disclose material information about the availability of consumers’ funds. In addition, the lawsuit challenges aspects of the company’s privacy and security practices. A proposed settlement in the case requires Venmo to make clear disclosures about certain business practices. How Venmo works . When consumers download the Venmo app, they create an account connected to their bank account or credit or debit card. They can receive money from other Venmo users, t
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Two on the aisle for FTC’s “That’s the Ticket” workshop lfair June 6, 2019 | 10:40AM Two on the aisle for FTC’s “That’s the Ticket” workshop By Lesley Fair Humphrey Bogart said it in “The African Queen” and it was a catchphrase popularized by Jon Lovitz on “Saturday Night Live.” But to the FTC, That’s the Ticket is the name of a June 11, 2019, workshop to explore consumer protection issues related to online ticket sales – and the agenda is out now. Consumers who try to buy tickets online to a concert, theatrical performance, or sporting event have often expressed frustration with the process. That’s the Ticket will bring together advocates, industry members, academics, and law enforcers to explore the topic from the consumer’s perspective. FTC Commissioner Slaughter will open the event at 9:30 ET. Next on the agenda: Professor Eric Budish from the University of Chicago’s Booth School of Business, who will sha
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Five cases yield tips to help keep your company Privacy Shield-compliant lfair September 3, 2019 | 3:32PM Five cases yield tips to help keep your company Privacy Shield-compliant By Lesley Fair For businesses that choose to participate, the EU-U.S. Privacy Shield framework establishes a process to allow them to transfer consumer data from European Union countries to the United States in compliance with EU law. In return, companies must follow the framework’s requirements. The FTC has announced proposed settlements with companies that claimed to participate and yet failed to complete the steps necessary to get certification from the Department of Commerce, which administers the Privacy Shield framework . Another case raises an additional concern. Four companies – DCR Workforce , a Florida management software compan; Thru, Inc. , a California cloud-based file transfer software provider; LotaData , a San Francisco business that analyzes mobile users’ location information; and TrueFace.ai , a Sa
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When third-party service providers are party to sensitive data lfair November 12, 2019 | 12:02PM When third-party service providers are party to sensitive data By Lesley Fair Entrepreneurs wear a lot of hats. In addition to marketing their products, they’re responsible for operational functions like inventory, ordering, and the protection of customer data. Rather than managing all that millinery, some businesses turn to third-party service providers to run things behind the scenes. But what steps are those companies taking to secure the confidential consumer information in their possession? That’s one issue raised by the FTC’s proposed settlement with Utah-based InfoTrax Systems . InfoTrax provides operations systems and online distributor tools for the direct sales industry. Multi-level marketers contract with InfoTrax to run their web portals. Through those portals, people register with MLMs as distributors, sign up new distributors, and place orders for themselves and for the consumers wh
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FTC challenges Online Trading Academy’s money-making claims lfair February 12, 2020 | 4:35PM FTC challenges Online Trading Academy’s money-making claims By Lesley Fair Ads for health products often target Boomer Consumers, but those aren’t the only claims pitched to people looking toward retirement. An FTC action alleges a company called Online Trading Academy has taken in more than $370 million by gearing its deceptive representations to that demographic. In addition, the complaint alleges violations of the Consumer Review Fairness Act. According to the FTC, the California-based operation, related companies, and three individual defendants advertise a “patented strategy” that consumers can apply “to any asset class including stocks, options, futures and currencies” to rake in big money. They claim their “training programs” – with price tags as high as $50,000 – will teach consumers how to “invest like the pros on Wall Street.” &rdq
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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.
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FTC wants your feedback about proposed Made in USA Rule lfair June 22, 2020 | 4:04PM FTC wants your feedback about proposed Made in USA Rule By Lesley Fair If your clients are interested in Made in USA issues – and you know they are – there are two developments at the FTC they need to know about. First, the FTC just announced a Notice of Proposed Rulemaking for a Made in USA Labeling Rule . You’ll want to read the notice in detail, but the proposed Rule would apply to labels on products that make unqualified Made in USA claims. (In FTC parlance, an “unqualified” claim is a broad representation made without limitations.) The proposed Rule would incorporate established guidance already set forth in FTC decisions and orders and in the agency’s 1997 Enforcement Policy Statement on U.S. Origin Claims . Consistent with that guidance, the proposed Rule would prohibit marketers from making unqualified MUSA claims on labels unless: Final assembly or processing of the product occurs
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Green Lights & Red Flags: FTC Rules of the Road for Business rocks on in Cleveland sgressin September 21, 2020 | 12:03PM Green Lights & Red Flags: FTC Rules of the Road for Business rocks on in Cleveland By Seena Gressin Natives and fans heartily agree that “Cleveland Rocks!” That’s why the Federal Trade Commission and its Ohio partners are ready to roll with the next installment of Green Lights & Red Flags: FTC Rules of the Road for Business , set to make its online debut on October 29, 2020, from Cleveland. The free business workshop focuses on current topics in truth-in-advertising law, social media marketing, data security, business-to-business fraud, and more. Who should attend the virtual event? Ohio business owners, marketing and advertising professionals, attorneys — anyone who needs to know how established consumer protection principles apply in today’s fast-paced marketplace. The Office of the Ohio Attorney General, Better Business Bureau Serving Greater Cleveland
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New toolkit for retailers to help stop gift card scams lfair December 21, 2020 | 2:18PM New toolkit for retailers to help stop gift card scams By Lesley Fair In many ways, gift cards ushered in a win-win era. Better gift-giving (and getting) for consumers and increased sales for retailers. But leave it to scammers to try to mess up a good thing. According to an FTC Data Spotlight , gift cards are now the top method of payment favored by many fraudsters. For years, the FTC has warned consumers about gift card grifters. Now there’s a new Stop Gift Card Scams Toolkit to help retailers do their part to prevent this form of fraud. Back in the olden days – say, four or five years ago – wire transfers were con artists’ favorite. Many still use that method, but according to the Data Spotlight , since 2018, people have reported losing almost $245 million to gift card scams, with a median individual loss of $840. The scam may start with a call from an imposter claiming to be from the IRS or othe
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Stick with Security: Require secure passwords and authentication lfair August 11, 2017 | 10:47AM Stick with Security: Require secure passwords and authentication By Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection To make it harder for hackers to bluff their way onto a computer network, careful companies follow the advice of Start with Security and require strong authentication practices . We’ve considered FTC settlements, closed investigations, and the questions we get from businesses about implementing good authentication “hygiene.” Here are some tips on using effective authentication procedures to help safeguard your network. Insist on long, complex, and unique passwords. A password’s very reason for being is to be easy for a user to remember, but hard for a fraudster to figure out. Obvious choices like ABCABC, 121212, or qwerty are the digital equivalent of a “hack me” sign. Furthermore, experts have determined that passphrases or longer passwords are
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How an “invention promotion” outfit demoted the truth lfair September 13, 2017 | 11:15AM How an “invention promotion” outfit demoted the truth By Lesley Fair It sounds like there was some “inventing” going on at Florida-based invention promotion firm World Patent Marketing, but a Preliminary Injunction in a case brought by the FTC suggests it wasn’t the kind that unsuspecting consumers bargained for when they forked over millions of dollars based on the defendants’ misleading promises about patenting and promoting their products. For FTC watchers, the opinion is a page-turner from start to finish. We’ll focus on just a few of the claims the company “invented.” The defendants’ initial business model involved online ads that induced people to submit their product ideas. Salespeople responded, telling interested consumers that World Patent Marketing’s “review team” was researching the proposal because “the company is
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Ashley Madison settles with FTC over data security lschifferle December 14, 2016 | 12:05PM Ashley Madison settles with FTC over data security By Lisa Weintraub Schifferle If you care about data security and privacy, you’ll want to read about the FTC’s settlement with ruby Corporation, ruby Life Inc., and ADL Media Inc. – the companies that operate AshleyMadison.com . AshleyMadison.com advertised a dating website that’s “100% secure and anonymous.” It bolstered those claims by including an icon of a “Trusted Security Award” and an image indicating that the website was a “100% discreet service.” The website lured you in with promises of “thousands of women” in your city (and mind you, about 16 million of the 19 million U.S. profiles were of men). Then, it used “engager profiles” – fake profiles created by staff who communicated as if they were actual female users. The company created these profiles by using informati
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2015’s top-pick topics: A 10-tative list lfair December 31, 2015 | 10:26AM 2015’s top-pick topics: A 10-tative list By Lesley Fair 2015 saw the end of The Late Show with David Letterman, but his Top 10 List legacy lives on. From the home office in Washington, D.C., here is our informal take on ten topics we covered this year in the BCP Business Blog. Advertising substantiation. People will be citing the D.C. Circuit’s POM Wonderful opinion for years to come, so we extracted a dozen quotable quotes . Other relevant posts: Spilling the beans: The anatomy of a diet craze discussed what some folks call “The Oz Effect” and analyzed how green coffee bean extract became a weight loss thing (an unsubstantiated thing, according to the FTC). Five principles to help keep your health claims healthy offered lessons from recent cases. Other health-related highlights: the Tommie Copper settlement and the workshop on advertising for homeopathic products . Auto ads. It’s been an
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The Reebok settlement: What the FTC order means for advertisers and retailers wfg-adm109 September 29, 2011 | 1:11PM The Reebok settlement: What the FTC order means for advertisers and retailers By Lesley Fair The FTC’s settlement with Reebok requires the company to get their ad claims in shape and works out a $25 million refund program for people who bought EasyTone and RunTone shoes and apparel. Of course, the terms of the lawsuit apply only to Reebok, but experienced advertisers understand the benefits of mining FTC orders for compliance nuggets applicable to their business. What if you sell Reebok shoes or apparel or represent companies that do? You’ll definitely want to read the order for provisions relating to retailers. So what’s in the Reebok settlement? Strong injunctive provisions for a starter. Under Part I of the order, the company will need competent and reliable scientific evidence to support future claims that a product will strengthen muscles or result in a quantified percent
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Small business? Know how to stop a would-be business impersonator arayo September 29, 2025 | 10:46AM Small business? Know how to stop a would-be business impersonator Small businesses are the engine of the American economy. Whether you own a bakery, an accounting firm, a local repair shop, or something else, you want to protect what you’ve built. Sometimes that means protecting it from scammers who try to use your company’s good name. Here’s how it might happen: a scammer sets up an email address that looks like it’s from your company and sends an email to your customers. The scammer might say there’s a problem with the customer’s account or make up some other problem. What’s the scammer’s goal? To get your customers to give them passwords and bank account numbers, or to get someone to send them money. Here’s how to stop a business impersonation scam before it starts: Use email authentication. Make sure the email provider you use for your business offers e
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Be discreet when you delete your fleet lfair August 27, 2018 | 10:13AM Be discreet when you delete your fleet By Lesley Fair Thinking about replacing a company car or truck? Unless you take some security steps before selling the vehicle, you could be leaving behind a water bottle or two, some change under the seat – and a massive amount of corporate and personal data. Systems in newer cars do a great job keeping you and your employees connected while on the road. But like laptops and smartphones, your company cars may be storing more information than you realize – data that could be accessible to the next person in the driver seat. That could include contact lists and other data downloaded when you synced your phone, log-ins for apps, location data, and even garage entry codes for your office or home. To be on the safer side, here are steps to take before turning in your old company car: Clear the stored data. Some vehicles have a factory reset option that will return the settings to their origina
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Talking turkey lfair November 20, 2018 | 12:17PM Talking turkey By Lesley Fair Whether it’s a spare can of cranberry sauce or an extra turkey platter, thoughtful Thanksgiving hosts make contingency plans for the holiday. This year, if the dinner discussion veers into controversial territory – like the pumpkin pie vs. pecan pie debate – here’s a suggested topic of conversation you can have at the ready. Some people call them “grandparent scams,” but it’s any form of fraud where a scammer impersonates a family member and calls with an urgent plea for emergency cash supposedly to get medical care, pay for bail, or extricate themselves from a dangerous situation. The scammer’s goal is to trick the concerned relative into sending money before they’ve had a chance to think things through. With grandparents, aunts, uncles, and cousins gathered around the table, Thanksgiving is the perfect time to warn your family about this form of fraud. The best response to cal
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FTC settlement challenges deceptive claims by patent assertion entity wfg-adm109 November 6, 2014 | 11:07AM FTC settlement challenges deceptive claims by patent assertion entity By Lesley Fair Patent assertion entities have been the subject of much debate in antitrust and intellectual property circles. But there’s one proposition we hope that parties on all sides of the issue can agree on: It’s illegal to falsely threaten patent suits against small businesses or make unfounded claims that other companies have paid for patent licenses. That’s the misconduct alleged in a settlement the FTC just announced with patent assertion entity MPHJ Technology Investments, LLC, MPHJ corporate officer Jay Mac Rust, and Texas-based law firm Farney Daniels, P.C. Generally speaking, patent assertion entities are companies that acquire patent rights and then seek licensing fees from businesses they claim are infringing their patents. The FTC’s action centers on representations that MPHJ made while a
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Made in USA? Avoiding a Yankee Doodle Don't wfg-adm109 October 21, 2013 | 11:17AM Made in USA? Avoiding a Yankee Doodle Don't By Lesley Fair There are lots of nifty phone accessories, bottle holders, tow straps, pet items, and lanyards out there. So a label that says the product is Made in the USA may help make the decision for some consumers. When it bears the American flag and says “TRULY MADE IN THE USA,” that just might seal the deal. But according to an FTC lawsuit , a lot of the “Made in the USA” merchandise touted by Logan, Utah-based E.K. Ekcessories wasn’t really made in the USA – turning the company’s claims from a Yankee Doodle Do to a Yankee Doodle Don't. E.K. Ekcessories sells a variety of outdoor equipment through popular retailers and on its own site. In addition to the labels, the company touted its products’ U.S. pedigree with statements like “For 28 years E.K. Ekcessories has been producing superior qua
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Businesses: Phishing scheme targets unemployment benefits, PII lfair August 4, 2021 | 10:26AM Businesses: Phishing scheme targets unemployment benefits, PII By Seena Gressin Have you or one of your employees received an alarming text message about unemployment insurance benefits from what seems to be your state workforce agency? You’re not alone. Identity thieves are targeting millions of people nationwide with scam phishing texts aimed at stealing personal information, unemployment benefits, or both. The phishing texts try to dupe the recipient to click a link to “make necessary corrections” to their unemployment insurance (UI) claim, “verify” their personal information, or “reactivate” their UI benefits account. The link takes you to a fake state workforce agency website that may look very real. There, you’re asked to input your website credentials and personal information, like your Social Security number. Fraudsters can use the information to file
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Third Circuit rules in FTC v. Wyndham case lfair August 25, 2015 | 3:25PM Third Circuit rules in FTC v. Wyndham case By Lesley Fair FTC watchers and data security mavens, it’s the decision you’ve been waiting for . The United States Court of Appeals for the Third Circuit has issued a ruling in the Commission’s favor in FTC v. Wyndham Worldwide Corporation . The FTC sued the hospitality company and three subsidiaries, alleging that data security failures led to three data breaches at Wyndham hotels in less than two years. According to the complaint, those failures resulted in millions of dollars of fraudulent charges on consumers’ credit and debit cards – and the transfer of hundreds of thousands of consumers’ account information to a website registered in Russia. In 2014, a federal District Court in New Jersey denied Wyndham’s motion to dismiss the FTC action. The Third Circuit agreed to hear an immediate appeal on two issues: “whether the FTC has authority to r
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Pulleys pushed with deceptive Made in USA claims lfair March 8, 2017 | 12:03PM Pulleys pushed with deceptive Made in USA claims By Lesley Fair According to a settlement announced by the FTC , a Texas-based company used misleading Made in USA claims to push its pulleys. Read on for an ironic object lesson related to a specific pulley component engraved with the phrase “Made in USA.” Among other things, Block Division, Inc., sells metal pulleys for industrial use – for example, to lift boats, operate overhead doors, or move theatrical scenery. The company advertises its products online, in stores, at trade shows, in print, and through social media. Its promotions often used text and graphics to convey a “Made in USA” message. The FTC says those claims conveyed to buyers that the items were all or virtually all made in the United States. But according to the complaint , many of Block Division’s products incorporated significant parts essential to their function that were actua
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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 an
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Nitro in the trunk? wfg-adm109 May 5, 2011 | 10:49AM Nitro in the trunk? By Lesley Fair The French movie classic “The Wages of Fear” — remade in 1977 as “The Sorcerer” by American director William Friedkin — was a taut thriller about a team of toughs transporting a payload of volatile nitroglycerine to a remote location in South America. They meet with hazards along the way: a rope bridge hanging by a thread over a flood-swollen river, a boulder blocking a twisted mountain path, and a stretch of road so pot-holed it’s called “The Washboard.” The connection to your business’ approach to data security might not seem readily apparent, but if you have sensitive personal information on your network or in your files, there’s an analogy to draw. Just as your driving habits would change if you were behind the wheel with a trunk full of nitro, so must you adjust your company’s practices, given the sensitivity of the information i
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Clearing out our IN box wfg-adm109 January 19, 2012 | 10:29AM Clearing out our IN box By Lesley Fair We’re glad you’re visiting the BCP Business Center and thanks for your questions. Here are answers to some of your AQs . (Calling them FAQs on a site devoted to truth in advertising doesn’t seem quite right.) I’ve looked everywhere and can’t find the disclosure I’m supposed to add when companies send me products to write about on my blog. Can you tell me the magic words? No — and that’s because there are no magic words. Here’s how it works. Under the FTC’s Endorsement Guides, if there’s a connection between the marketer of the product and a person endorsing the product that would affect how people evaluate the endorsement, it should be disclosed. But no one is suggesting a mandatory “Danger Will Robinson!” neon warning box. What matters is effective communication, not legalese. A disclosure like “Company X sent me [name
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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
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All about the tout: Takeaway tips from the FTC’s Sony-Deutsch settlements wfg-adm109 December 1, 2014 | 1:12PM All about the tout: Takeaway tips from the FTC’s Sony-Deutsch settlements By Lesley Fair Looking for PlayStation tips and tricks? We can’t tell you how ISA Vekta Special Forces Team Alpha can navigate the Akmir Snowdrift in Killzone 3 . But for businesses – including ad agencies and PR firms – interested in keeping their practices out of the Pyrrhus Crater, the FTC’s proposed settlements with Sony Computer Entertainment America and ad agency Deutsch LA offer practical guidance. The lawsuits charge that the companies overhyped the capabilities of Sony’s PlayStation Vita . Despite claims that “With Cross Platform Gaming, you can play your PS3 game, pause it, then pick up right where you left off,” the FTC says the performance of the handheld device didn’t live up to the promises. What’s more, before the PS Vita launch, a Deutsch assistan
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"Check" out the $3.5 million penalty in the latest FCRA case wfg-adm109 August 15, 2013 | 12:11PM "Check" out the $3.5 million penalty in the latest FCRA case By Lesley Fair Here’s a newsflash: There’s a troubling amount of inaccurate information in people’s credit reports that can result in the denial of a job, a place to live, and even necessities like groceries and medicine. That’s why the Fair Credit Reporting Act requires consumer reporting agencies (CRAs) to “follow reasonable procedures to assure maximum possible accuracy.” The FTC’s settlement with Certegy Check Services — which includes the second-largest civil penalty ever in an FCRA case — offers insights into what the law requires. Certegy may not be a household name to consumers, but when people want to pay by check, many businesses turn to Certegy for a check authorization recommendation. Certegy’s thumbs-up or thumbs-down suggestion is based
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FTC challenges TeleCheck's checkered compliance with the Fair Credit Reporting Act wfg-adm109 January 16, 2014 | 1:42PM FTC challenges TeleCheck's checkered compliance with the Fair Credit Reporting Act By Lesley Fair Whooping it up can be fun, but hooping it up – requiring consumers to jump through hoops to exercise their rights under the Fair Credit Report Act – is illegal. That’s one message businesses can take from the FTC’s $3.5 million settlement with TeleCheck . Houston-based TeleCheck Services offers retailers an on-the-spot recommendation about whether to accept a shopper’s check. Its affiliate, TRS Recovery Services – also named in the FTC’s lawsuit – handles consumer debt taken on by TeleCheck. With over 400,000 subscribers in 375,000 locations, TeleCheck is a big name in the check authorization business. Its recommendations are “consumer reports” as defined by the FCRA , triggering certain consumer rights.&
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$245 million FTC settlement alleges Fortnite owner Epic Games used digital dark patterns to charge players for unwanted in-game purchases lfair December 18, 2022 | 9:39PM $245 million FTC settlement alleges Fortnite owner Epic Games used digital dark patterns to charge players for unwanted in-game purchases By Lesley Fair The FTC’s $275 million proposed settlement with Epic Games, owner of Fortnite , alleges the company violated the law by collecting personal information from kids under 13 without parental consent and by enabling voice and text chat by default – an unfair practice that put kids and teens in risky contact with strangers. But to borrow a phrase from advertisers, “But wait! There’s more!” Much, much more in the form of a separate $245 million proposed settlement with Epic Games for using digital dark patterns to bill Fortnite players for unintentional in-game purchases. How much money can a company take in by selling virtual costumes, dance moves, and piñatas
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Data portability is the topic at September 22nd FTC workshop lfair March 31, 2020 | 4:30PM Data portability is the topic at September 22nd FTC workshop By Lesley Fair Consumers have come to expect their devices to be portable, but what about their data? The FTC just announced Data to Go, a public workshop set for September 22, 2020 , to take a closer look at the potential benefits and challenges to consumers and competition raised by data portability. Data portability gives consumers more control over their data, allowing them to move it from one service to another or to themselves. What kind of information are we talking about? Email, contacts, calendars, favorites, friends, financial information, health information, and social media content are just some examples. Data portability also may also promote competition by allowing new entrants to access data they otherwise wouldn’t have, enabling the growth of competing platforms and services. It’s a topic more people are talking about due in part to
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50 more FTC warning letters say “Enough!” to questionable coronavirus claims lfair May 21, 2020 | 3:01PM 50 more FTC warning letters say “Enough!” to questionable coronavirus claims By Lesley Fair Elderberry, hydrogen peroxide, iodine, mushrooms, and horse milk. (Horse milk?) The FTC just sent 50 more warning letters to companies promoting products or services advertised to prevent or treat coronavirus. Here’s the latest list of who’s been warned, what they’re selling, and some of what they’re saying. Acupuncture Healing Center. The Chicago company claimed in marketing materials that its treatments can “facilitate the body’s immune response to expel the pathogen (coronavirus) depending on what stage and location of infection.” AcuIntegra. To promote its traditional Chinese medicine (TCM) treatments, the Tennessee company claimed, “In the Guangdong province in south of China, TCM proved effective in 89% of the 1,245
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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
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20 more marketers making COVID claims receive FTC warning letters lfair November 12, 2020 | 11:36AM 20 more marketers making COVID claims receive FTC warning letters By Lesley Fair The FTC continues to monitor the marketplace to protect consumers from allegedly unsubstantiated COVID-19 claims. What are we seeing? Whether they’re selling tablets, treatments, or trinkets, companies are still making questionable representations about their products or services. The following 20 businesses are the latest to receive warning letters from the FTC about unsupported prevention or treatment claims, bringing the total to more than 330. Age Management Institute Santa Barbara. On its website, on Facebook, and on Instagram, the company promoted intravenous Vitamin C and peptide therapy for the prevention of coronavirus. For example, it claimed, “IV Therapy drips have been proven incredibly effective in defending against COVID-19. It is best to use preventatively and has been shown to lower viral load by as much
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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 .
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Fraud alerts vs. credit freezes: FTC FAQs lfair September 14, 2017 | 10:51AM Fraud alerts vs. credit freezes: FTC FAQs By Lesley Fair UPDATE: As of September 21, 2018, the law says credit freezes are free for everyone, and alerts now last one year (not 90 days). Read more here . Consumers are apprehensive about the security of their personal information and recent headlines about data breaches have moved the needle substantially on the -ometer that measures such things. As a business executive, your customers and employees may be coming to you with questions. Here are answers from the FTC about two topics on consumers’ minds: fraud alerts and credit freezes. Fraud alerts and credit freezes can be very helpful tools for consumers. People don’t have to be victims of identity theft to use them, but they should weigh their options in light of their personal circumstances. If they’re not sure what’s right for them, here are some points to ponder. What do fraud alerts and credit freezes do?
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FTC challenges claims for opiate withdrawal products lfair May 4, 2017 | 11:04AM FTC challenges claims for opiate withdrawal products By Lesley Fair Is there a family or a workplace that hasn’t been touched in some way by the public health crisis of opiate addiction? It’s no wonder that advertisers are offering purported treatments. But an FTC settlement with a Texas-based business stands for the fundamental principle that companies’ health claims need the support of sound science. The products at issue were Withdrawal Ease and Recovery Ease – and the names were the first of many representations that Catlin Enterprises made about what it pitched as “The Leader in Home Opiate Detox Since 2009.” Withdrawal Ease and Recovery Ease included daytime formulations of vitamins, minerals, and herbs. The nighttime versions had different herbal blends minus the vitamins and minerals. Among the ingredients were passionflower, milk thistle, turmeric, ginger, peppermint, pomegranate, and
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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 dire
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Cleaning up ad claims wfg-adm109 April 18, 2011 | 1:55PM Cleaning up ad claims By Lesley Fair Science, studies, and statistics. There’s a reason advertisers feature them so prominently. When used accurately, they can be powerful tools for distinguishing your product from the competitors. But scientific claims — especially health-related ones — need solid proof. That was the cause of the recent legal dust-up between the FTC and Oreck Corporation involving the Oreck Halo vacuum and the Oreck ProShield Plus portable room air cleaner. The company touted the products as “flu fighters” that could “help stop the flu on virtually any surface and in the air in your home.” One infomercial claimed, “The Oreck Halo has killed up to 99.9 percent of bacteria exposed to its light in one second or less,” and that the vacuum’s light chamber “has been tested and shown to kill up to 99.9 percent of certain common germs, plus dangerous pathogens like E. Coli and M
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$10 million ABCmouse settlement: Avoiding auto-renewal traps lfair September 2, 2020 | 12:10PM $10 million ABCmouse settlement: Avoiding auto-renewal traps By Andrew Smith, Director, FTC Bureau of Consumer Protection Online subscription services can be a convenience for consumers and a boon for business – especially now that so many people are shopping from home. But under the law, companies have an obligation to explain the details of the deal up front, clearly disclose any automatic renewal terms, get consumers’ express consent before billing, and offer simple ways to cancel. The FTC just announced a $10 million settlement with online learning company ABCmouse for allegedly violating those established consumer protection principles. The case offers lessons for subscription-based businesses about the perils of snaring customers in a negative option trap. The Restore Online Shoppers’ Confidence Act (ROSCA ) makes it illegal to charge consumers for products sold through online negative option
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FTC issues 6(b) orders to social media and video streaming services lfair December 14, 2020 | 2:11PM FTC issues 6(b) orders to social media and video streaming services By Lesley Fair One digit can make a lot of difference. Would the Proclaimers have walked 501 miles? How effective was Love Potion #10? Did the Beatles ask would you still need me, would you still feed me when I’m 65? With so much attention on Section 5 of the FTC Act, some may overlook another important provision of the statute: Section 6(b). The FTC has issued 6(b) orders to nine well-known social media and video streaming platforms seeking information about their data collection, use, storage, disclosure, and deletion; advertising; user engagement; and demographic information. Under Section 6(b), the FTC may require a company to file “reports or answers in writing to specific questions” about its business practices. The FTC just sent 6(b) orders to Amazon.com, Inc., ByteDance Ltd. (operator of TikTok), Discord Inc., Fa
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FTC says DIRECTV wasn’t so direct about fees and negative options lfair March 11, 2015 | 12:21PM FTC says DIRECTV wasn’t so direct about fees and negative options By Lesley Fair Have you seen the ads where a popular celebrity touts DIRECTV on his own behalf and as the Painfully Awkward, Overly Paranoid, or Crazy Hairy version of himself? Applying that to a lawsuit just filed by the FTC , there’s DIRECTV – and then there’s Deceptively Advertised DIRECTV. DIRECTV is one of the biggest names in the business with more than 20 million customers. Through TV, print, direct mail, phone, and online promotions, the company advertises satellite TV packages for as low as $19.99 a month for 12 months. What’s more, DIRECTV said premium channels like HBO and Showtime are “free for 3 months.” But according to the FTC, DIRECTV failed to adequately disclose the true nature of the deal, meaning that consumers got stuck with higher prices and unauthorized charges. The complaint off
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Stick with Security: FTC resources for your business lfair October 13, 2017 | 2:10PM Stick with Security: FTC resources for your business By Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection In our Stick with Security blog series , we’ve done our best to dive deeper into data security by focusing on the lessons learned from recent cases, insights from closed investigations, and the questions and comments we’ve received from businesses. One remark we’ve heard from companies that want to implement the lessons of Start with Security is “Just give us a list of what to do.” Unfortunately, data security can’t be boiled down to a one-and-done checklist. What’s reasonable depends on the circumstances – for example, the nature of your business and the sensitivity of the information you must collect and maintain – so there’s no one-size-fits-all approach. In addition, data thieves’ tactics are constantly evolving. Last year’s preca
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Lock Mess wfg-adm109 September 24, 2010 | 3:56PM Lock Mess By Lesley Fair There’s lots of public information out there about people. So it’s no surprise there’s a booming business in the sale of data – and in the sale of services that promise to protect personal information. The FTC’s recent settlement with data broker US Search demonstrates that like any other advertising claims, representations about privacy and security must be substantiated. US Search sells search services through a website. For a fee, people can enter someone’s name, address, or phone number and get additional information about them – like their age, address history, relatives, neighbors and associates, marriages and divorces, bankruptcies, tax liens, lawsuits, state criminal records, home value, and email addresses. In addition to selling access to information, US Search sold a "PrivacyLock" service that claimed to block the appearance of buyers’ names and addresses in their sear
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Let's Make a Seal wfg-adm109 January 12, 2011 | 5:31PM Let's Make a Seal By Lesley Fair For many people, environmental considerations play an important role in what they put in their shopping carts. But it's tough to know when green claims are credible. Seals and certifications can be a useful tool to help shoppers decide where to place their trust and how to spend their money — but only if they're backed by solid proof. The FTC’s proposed settlement with Tested Green, Nonprofit Management LLC, and Jeremy Ryan Claeys demonstrates the importance of ensuring that claims conveyed to consumers through seals and certifications are supported by sound science. According to the FTC, the company and Claeys advertised and sold a Tested Green certification, touted as “the nation’s leading certification program for businesses that produce green products or use green processes in the manufacture of goods and services.” The company’s website hyped
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Thigh maintenance wfg-adm109 July 6, 2011 | 3:48PM Thigh maintenance By Lesley Fair A skin cream that can reduce body size. Are historians sure that wasn’t what Ponce de Leon was seeking? It’s certainly what buyers are looking for, if ads are any indication. But claims like that have to be backed up by solid science, as is clear from the FTC’s $900,000 settlement with Beiersdorf , Inc., marketer of Nivea My Silhouette! (Yes, the exclamation point is on the package.) Ads for the product touted its “Bio-slim Complex,” a combination of ingredients that includes white tea and anise. In one TV ad, as the voice-over claimed “New Nivea My Silhouette! with Bio-Slim Complex helps redefine the appearance of your silhouette and noticeably firms skin in just four weeks,” the ad showed a woman digging into the recesses of her closet, taking out an old pair of jeans, and trying them on to learn that they fit. “So you can rediscover your fav
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Buyers burned by BurnLounge wfg-adm109 March 19, 2012 | 4:50PM Buyers burned by BurnLounge By Lesley Fair If you or your clients work in the multi-level marketing (MLM) arena, a decision by a federal judge in the FTC's lawsuit against BurnLounge, Inc., merits your attention. The defendants — the company, the CEO, and top salesmen — used claims of hefty profits to sell opportunities to run online digital music stores. According to the FTC, the outfit masqueraded as a legitimate MLM program, but really was an illegal pyramid scheme. After a nine-day trial, the court ordered a total of $17 million in refunds for consumers who were burned by the scam. BurnLounge promoted itself online, through phone calls, and via in-person meetings with claims of big money to be made. According to the FTC, at a recruiting presentation in New York, the company's CEO said: "[I]f you build a community that sells a few movies and sells a few games and sells a few downloads, you will have a
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Pink slip slip-up: First FTC cases challenging deceptive car title loans lfair January 30, 2015 | 9:12AM Pink slip slip-up: First FTC cases challenging deceptive car title loans By Lesley Fair She’s got a competition clutch with four on the floor And she purrs like a kitten ‘til the lake pipes roar. And if that ain’t enough to make you flip your lid, There's one more thing. I got the pink slip, Daddy. Back in the days of the Beach Boys’ “Little Deuce Coupe,” the only risk to a car title – the pink slip – was when hot rodders bet them on drag races.The FTC just announced its first two settlements with car title lenders that underscore additional risks to consumers’ pink slips and wallets. What should other companies consider if they want to avoid crossing the yellow line? The complaints challenge allegedly illegal practices by First American Title Lending of Georgia, which operates over 30 locations in that state, and Finance Select, which does business
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It’s a fact: No changes to FTC “Lighting Facts” requirements lfair March 25, 2019 | 2:26PM It’s a fact: No changes to FTC “Lighting Facts” requirements By Colleen Tressler Word has it there’s been some confusion as to whether the FTC’s “Lighting Facts” label requirements are still in place. So we thought it would be a good idea to shed some light on the issue. The FTC’s requirements at 16 C.F.R. Part 305 still apply and, what’s more, nothing has changed: The FTC’s black and white Lighting Facts labels, like the one below, must still appear on packages for general service lamps and specialty consumer lamps. Confusion may have arisen due to the closure of the voluntary DOE LED Lighting Facts® program , which is separate from the FTC labels. On March 1, 2018, the DOE stopped accepting new lighting facts products for that agency’s program. The end of DOE’s program does not affect the existing consumer Lighting Facts labe
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Can you support your claims about Privacy Shield, CBPR participation? lfair June 19, 2019 | 10:35AM Can you support your claims about Privacy Shield, CBPR participation? By Lesley Fair Phileas Fogg was famous for going around the world in 80 days, but when it comes to global commerce, consumers can manage the same feat with just one click. Recent FTC actions touch on the international implications of consumer protection. SecurTest is a Florida-based background screening company that claimed to participate in the EU-U.S. and Swiss-U.S. Privacy Shield programs. Privacy Shield establishes a process to allow companies to transfer consumer data from European Union countries and Switzerland to the United States in compliance with EU and Swiss law. To participate, companies must complete a self-certification process with the Department of Commerce and then recertify annually. Privacy Shield participation is voluntary, but the FTC can take action if companies make deceptive representations about their status. Accordi
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FTC sues marketers of student loan “debt relief” – and financer who helped it happen lfair September 12, 2019 | 12:35PM FTC sues marketers of student loan “debt relief” – and financer who helped it happen By Lesley Fair Every spring at colleges across the country, many graduates receive a diploma in their hand – and an albatross around their neck. The burden of student loan debt weighs heavily on American families. And given the pressures on cash-strapped employees, businesses say they’re paying a price in productivity. The FTC has brought numerous cases against companies that pitch deceptive student loan “debt relief.” Actions announced by the FTC and the Minnesota Attorney General continue that effort, but come with a twist that should be relevant to those in the financial sector. Manhattan Beach Venture, LLC, undertook a massive telemarketing campaign to sell purported services to consumers struggling with student loan debt. The pitch was persuasi
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Be a privacy hero at your company (shield included, cape optional) lfair December 3, 2019 | 9:05AM Be a privacy hero at your company (shield included, cape optional) By Lesley Fair Want to be your company’s Privacy Shield hero? Four proposed FTC settlements suggest actions you can take to keep your business Privacy Shield-compliant. The EU-U.S. Privacy Shield framework enables companies to lawfully transfer consumer data from European Union countries to the United States. (There also is a Swiss-U.S. framework .) The Department of Commerce administers both frameworks, while the FTC challenges false or deceptive representations companies make about their participation or compliance. In separate complaints, the FTC alleges that four companies – Click Labs, Inc. , a Seattle-based website and app services provider; Incentive Services , a Minnesota developer of employee award programs; Global Data Vault , a data storage and recovery business in Dallas; and North Carolina IT services company TDARX &ndash
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Small business financing: Staff Perspective outlines issues lfair February 26, 2020 | 11:10AM Small business financing: Staff Perspective outlines issues By Lesley Fair As an essential engine of the American economy, small business has a big impact. But where can small business owners turn for the capital they need to grow? Traditional lenders are one option, but the “It’s a Wonderful Life” image of George Bailey at the Building & Loan may not reflect reality. New online options may broaden the availability of credit, but they also raise some consumer protection concerns. That was the topic of Strictly Business: An FTC Forum on Small Business Financing and you’ll want to read a new FTC Staff Perspective on the subject. According to Federal Reserve statistics, in 2018, 32% of small businesses reported applying for online financing – up from 24% in 2017 and 19% in 2016. Many lenders are new to the market. Some base their underwriting on financial technologies and alternative data.
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When the economic impact of COVID-19 hits home lfair May 1, 2020 | 9:06AM When the economic impact of COVID-19 hits home By Lesley Fair As companies struggle to stay afloat financially due to the economic reverberations of COVID-19, your employees are facing the same challenges at home. The FTC has something you can share with staff members in need – and it won’t cost you a thing. We’ve created a special page, Financial Impact of the Coronavirus, where we’ve compiled dollars-and-cents tips for consumers, as well as new information specifically addressing the effect of COVID-19 on personal budgets. For example, for people with family members facing job loss, we have information about looking for work after a coronavirus-related layoff. We also have advice on what to do about mortgage payments, car notes, and student loans when there’s less income coming in. For employees facing financial shortfalls, the FTC has things to think about if they’re considering payday loans o
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Lights out on unsubstantiated pain relief claims and deceptive native advertising lfair June 25, 2020 | 3:00PM Lights out on unsubstantiated pain relief claims and deceptive native advertising By Lesley Fair For consumers struggling with severe or chronic pain, ads for a product called Willow Curve appeared to offer light at the end of the tunnel. But the FTC alleges the marketers made false and unsubstantiated claims for the product , a device that applied low-level light and mild heat to the site of pain – and set people back between $599 and $799 in the process. The proposed settlement also sheds light on the FTC’s ongoing concern with deceptive native advertising. The complaint names two Michigan companies, Physician’s Technology, LLC, and Willow Labs, LLC, and two individuals affiliated with both businesses, Dr. Ronald Shapiro and David Sutton. In ads on national TV, satellite radio, online, and in social media, the defendants claimed that for people suffering from rheumatoid arthritis,
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Fake government affiliation: A name game no one should play lfair September 25, 2020 | 2:00PM Fake government affiliation: A name game no one should play By Lesley Fair What’s in a name? According to an FTC lawsuit filed in April, if you’re an outfit that uses the name “SBA Loan Program” – and you falsely claim to be an approved lender for the Small Business Administration’s coronavirus relief lending program – what’s in your name is deception. Under the terms of a settlement , that shady tactic stops right here, right now. For many small businesses struggling to stay afloat during the pandemic, SBA’s Paycheck Protection Program (PPP) has been a welcome lifeline. Business owners who visited a website called SBALoanProgram.com looking for PPP information saw statements like “WE ARE A DIRECT LENDER FOR THE PPP LOAN PROGRAM!” and “We are currently offering stimulus relief spending under the Economic Security Act (CARES Act).” In additi
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Is it amour – or scam-more? lfair February 11, 2021 | 12:17PM Is it amour – or scam-more? By Lesley Fair Online romance may begin with Panic! At The Disco’s High Hopes , but according to a new FTC Data Spotlight , all too often it ends with the conclusion that – to quote the J. Geils Band – Love Stinks . Far be it from us to put a damper on Valentine’s Day, but reports to the Consumer Sentinel Network suggest that the injury inflicted by romance scams is on the rise. According to the new Data Spotlight , “For three years running, people have reported losing more money on romance scams than on any other fraud type identified in Sentinel. In 2020, reported losses to romance scams reached a record $304 million, up about 50% from 2019. For an individual, that meant a median dollar loss of $2,500.” Why the increase? The continued popularity of dating apps is part of the story, but the pandemic has played a part, too. For right now, the need for social distancin
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Negative options – make them a positive lschifferle September 22, 2016 | 11:06AM Negative options – make them a positive By Lisa Weintraub Schifferle There’s no such thing as a free lunch. That’s what consumers who signed up for NutraClick’s “free” samples learned. But what can your business take away from the FTC’s settlement with NutraClick ? If your company is considering offering a negative option program, and wants it to be a positive experience, you’ll want to read on. Maybe you’ve heard of NutraClick. They sell nutritional supplements and beauty products including Force Factor, Peak Life, ProBioSlim, SomnaPure, VolcaNO, and Stages of Beauty. Their products are available online and in stores like Walgreens, Walmart, GNC and CVS. NutraClick advertised “free” product samples. But the company didn’t clearly tell consumers that to get the samples, they were automatically signed up for a membership for nutritional suppl
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Free vulnerability scanning for your business lschifferle December 4, 2019 | 8:29AM Free vulnerability scanning for your business By Lisa Weintraub Schifferle You know the importance of strong cybersecurity, but have you heard about free vulnerability testing? As part of its mission to protect the nation’s cyber infrastructure, the Department of Homeland Security’s Cyber-Infrastructure Security Agency (CISA) offers free vulnerability scanning to government, critical infrastructure, and private businesses. What does this mean for you? You may be eligible for no-cost vulnerability scanning that will continuously check your internet-facing assets. The testing checks for known vulnerabilities and weak configuration, then recommends ways to improve your security. Using commercial vulnerability scanners, each host is evaluated against a library of vulnerabilities. How does it work? To get started, contact CISA at NCATS_INFO@hq.dhs.gov . Next, they’ll send you documents to return and sign, confirm
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FTC challenges claims for Quell pain relief device lfair March 4, 2020 | 2:00PM FTC challenges claims for Quell pain relief device By Lesley Fair Real estate professionals say it’s all about “location, location, location.” For health-related claims, the FTC says it’s all about “substantiation, substantiation, substantiation.” Marketers of an electric device called Quell claimed their product could treat chronic and severe pain throughout the body caused by conditions as diverse as arthritis, nerve damage, sciatica, shingles, and fibromyalgia. And they said all that could be accomplished by placing their product on one single location below the knee. According to the FTC , the defendants made a number of false and unsubstantiated representations about Quell – including a false claim about the nature of the FDA’s clearance of the product. Massachusetts-based NeuroMetrix advertised Quell through TV ads, online, via social media, and at major trade events like the C
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Fighting Coronavirus scams: Taking stock chundycz May 8, 2020 | 9:01AM Fighting Coronavirus scams: Taking stock By Andrew Smith, Director, FTC Bureau of Consumer Protection Since the beginning of the COVID-19 crisis, the FTC has released dozens of warning letters against people trying to make an illegal buck off the Coronavirus. More than a month in, it seems like a good time to look back at what’s happened. If you follow this blog, you’ll know these have been busy weeks – with advice about spotting the many scams we’re all facing, news of the warning letters sent on a wide range of scams, and some enforcement actions filed. You might wonder: Why send letters? Why not just sue the !*$@&#? Fair question. But the letters are working. And, given the scope of the scams out there right now, we want to get the best and fastest results we can with the most efficient tool we have. Right now, for these Coronavirus-related issues, that’s warning letters. In general, here’s how it goe
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PrivacyCon 2020: What you’ll see on the webcast lfair July 2, 2020 | 11:07AM PrivacyCon 2020: What you’ll see on the webcast By Lesley Fair PrivacyCon is going virtual this year. As the just-released agenda for the fifth annual Gathering of the Gurus demonstrates, you’ll want to mark July 21, 2020, on your calendar and watch the webcast for thought-provoking research into topics related to consumer privacy and data security. FTC Bureau of Consumer Protection Director Andrew Smith will convene PrivacyCon at 9:00 AM Eastern Time. Session #1 will explore privacy and security issues related to Health Apps , including mental health apps and sensor technologies that power apps. Bias in AI Algorithms is the topic of Session #2. Session #3 will explore The Internet of Things and will include a discussion of privacy and security labeling. The afternoon panels will convene at 1:15 ET. Session #4 will consider the privacy implications of Specific Technologies – Cameras, Smart Speakers, and Apps .
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The FTC Chairman is not writing to you lfair October 1, 2020 | 4:13PM The FTC Chairman is not writing to you By Karen Hobbs, Assistant Director, Division of Consumer & Business Education, FTC Bureau of Consumer Protection If you saw an email from FTC Chairman Joseph Simons, it wasn’t. From him, that is. Scammers pretending to be him are emailing, though. They’re trying to trick you into turning over personal information, like your birth date and home address, which could help them scam you. So: if you get an email from the Chairman of the Federal Trade Commission about getting money because of an inheritance or relief funds related to the impact of the COVID-19 pandemic — or anything else — do not respond. Do not give out your personal information. But do hit “delete.” Scammers like to make themselves look official by pretending to be from the government. They use official-sounding language and images that impersonate federal agencies like the FTC to trick or scare people i
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Business owners: Scams will follow new rescue plan lfair March 12, 2021 | 11:03AM Business owners: Scams will follow new rescue plan By Jennifer Leach, Associate Director, FTC Division of Consumer and Business Education The pandemic is still taking a toll on your customers, your employees – and your business. The new American Rescue Plan, just signed into law, gets the ball rolling to help out on many people’s financial well-being. Payments will soon be coming by direct deposit, checks, or a debit card to people eligible for the payment. You can learn more about who’s eligible, and the timing, at IRS.gov/coronavirus . Share that link with your staff to help keep them informed. But let me tell you what will NOT happen, so you can spot and avoid the scammers who are right now crawling out from under their rocks. The government will never ask you to pay anything up front to get this money. That’s a scam. Every time. The government will not call/text/email/DM you to ask for your Social Sec
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FTC case against DeVry yields $100 million settlement lfair December 15, 2016 | 11:59AM FTC case against DeVry yields $100 million settlement By Lesley Fair Claims about employment prospects and income levels are like any other objective advertising representation – and Job #1 for advertisers is to support those promises with solid evidence. DeVry University and its parent company have entered into a $100 million settlement to resolve the FTC’s allegations that the defendants’ claims didn’t make the grade. According to the FTC, DeVry violated the law by deceptively claiming that 90% of its grads actively seeking employment landed jobs in their field within six months of graduation. The complaint also challenged as misleading DeVry’s representation that one year after graduation, its bachelor’s degree grads had, on average, incomes that were 15% higher than the incomes of bachelor’s degree grads from all other colleges and universities. How will the $100 million settle
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Ad agency liability: FTC looks to conduct, not the grey flannel suit lfair August 23, 2017 | 11:40AM Ad agency liability: FTC looks to conduct, not the grey flannel suit By Lesley Fair According to the “Mad Men” stereotype, you could spot an old-school advertising agency executive by the tailored wardrobe and expense account lunch. A lot has changed in the ad game, but two truths remain: 1) More than 50 years of FTC cases establish that ad agencies may be liable for their role in deceptive campaigns; and 2) Companies that may not describe themselves as “ad agencies” may still be held responsible for illegal acts or practices. In other words, the FTC looks to the facts, not the grey flannel suit. That’s one of the messages of proposed settlements announced by the FTC and the Maine Attorney General against Synergixx, LLC, Charlie R. Fusco, and Ronald Jahner, all of whom played prominent roles in the promotion of the cognition supplement CogniPrin and a pain relief product called Fl
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FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game lfair July 11, 2016 | 11:17AM FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game By Lesley Fair In the popular video game Shadow of Mordor , players don’t just randomly slash, hack, and pillage. They battle specific opponents through a feature known as the Nemesis System. In the FTC’s lawsuit against Warner Bros. Home Entertainment , truth in advertising had a nemesis: paid pitches for Shadow of Mordor that Warner Bros. deceptively claimed were independent reviews. And read on for a startlingly candid statement by one of those influencers. To help launch Shadow of Mordor , Warner Bros. brought a social media company on board to coordinate a YouTube influencer campaign. One strategy was to hire influential gamers to post videos promoting Shadow of Mordor – videos that ultimately yielded more than 5.5 million YouTube views. In addition to free game access, Warner Bros. paid the influe
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Debt collection company pays record-setting civil penalty wfg-adm109 March 22, 2011 | 3:40PM Debt collection company pays record-setting civil penalty By Lesley Fair Incessant phone calls to consumers, often about accounts that weren't theirs. Repeated autocalls to wrong numbers. Illegal disclosures to other people that a consumer owes money. Those are just some of the allegations in the FTC's recent settlement with West Asset Management , a debt collection company that employs more than 1,500 collectors in 13 states and one offshore location. According to the FTC's lawsuit filed in federal court in Atlanta, the company violated the FTC Act and the Fair Debt Collection Practices Act (FDCPA) through those illegal tactics — and more. The FTC also charged that West Asset Management ignored consumers' written demands that the company stop calling them and in certain cases, withdrew funds from consumers' bank accounts or charged their credit cards without their consent. No lig
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FTC takes on unproven health claims and “own-dorsements” lfair March 19, 2020 | 4:38PM FTC takes on unproven health claims and “own-dorsements” By Lesley Fair It’s a disturbing trend. Companies are targeting older consumers, claiming to have easy answers for serious diseases for which there may not be a proven cure. That’s one allegation in the FTC’s action against Nevada-based telemarketer Health Center, Inc. Another count challenges what we call “own-dorsements.” According to Health Center’s telemarketing scripts, websites, social media, and testimonials from supposedly satisfied customers, the company’s Rejuvi-Cell oral spray and Rejuvi-Sea and Rejuvi-Stem pills could treat a broad range of medical conditions: everything from cancer, Alzheimer’s disease, and Parkinson’s disease to hepatitis, heart attacks, and high cholesterol. In promoting the products, which sold in packages priced between $350 and $800, the company