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A Blog About FTC regulations and happenings

On August 22, 2013, the U.S. Court of Appeals for the Third Circuit ruled unanimously that under the Telephone Consumer Protection Act (TCPA), consumers may withdraw their consent to have robo-callers call them. The full text of the opinion is available here. The appeals court ruled in favor of Ashley Gager, who was contacted by Dell Financial Services after she revoked her prior express consent to be contacted. In 2007, Gager applied for a line of credit from Dell, which she received and upon which she later defaulted. Gager’s application for a credit line required that she provide her home phone number. In that place in the application she listed her cell phone number. After she defaulted on her credit line, Dell began calling Gager from an automated telephone dialing system. In 2010, Gager sent Dell a letter listing her phone number, which she did not indicate was a cell number, asking Dell not to call her anymore. Gager alleged that after receiving her letter, Dell called her... Read more

The credit reporting industry – dominated by Experian, Equifax and Transunion – maintains a precarious balance of obligations: On the one hand, these companies bear a responsibility to banks and other businesses at large to retain reliable information to ensure that the credit scores they report are a fair representation of the individual’s credit-worthiness. On… Read More

On October 16, 2013, two changes will go into effect in the rules implementing the federal Telephone Consumer Protection Act (TCPA). Importantly, these rules impose stricter requirements on mobile messaging and prerecorded telemarketing calls. The rule changes, announced back in February 2012, may spur further litigation concerning the scope of the TCPA. All businesses should… Read More

This week the Federal Trade Commission entered into a consent decree with Certegy Check Services, one of the nation’s check authorization service companies, pursuant to which Certegy has agreed to pay $3.5 million to settle charges that it violated the Fair Credit Reporting Act (FCRA).  This massive penalty – the second largest ever – reinforces… Read More

Manufacturers and marketers know that the more consumer data they have, the more they can tailor and direct their advertising, their products, and their product placement. This helps them to maximize sales and minimize costs. Thanks to the combination of cheap data storage and ubiquitous data capturers (e.g., smart phones, credit cards, the Web), the… Read More

Following a public comment period, the Federal Trade Commission recently approved a final order settling charges against mobile device manufacturer HTC America, Inc. HTC develops and manufactures mobile devices based on the Android, Windows Mobile, and Windows Phone operating systems. This case, which focuses on device security, is the FTC’s first case against a device… Read More

Beta testing is underway for Google Glass, a new technology that provides the functionality of a smartphone in a headset worn like glasses. Much like a smartphone, the Glass headset is able to exchange messages with other mobile devices, take pictures, record videos, and access search engines to respond to user queries. But unlike a… Read More

While Google is already subject to commitments it made to the FTC regarding the requirement to afford advertisers non-discriminatory access to its search engine, the FTC’s latest guidance makes clear that Google and other search engines must also maintain clear disclosures to the public about sponsored content in search results. On June 24, 2013, in… Read More

Recently, the Consumer Financial Protection Bureau, the watchdog agency of the financial industry, has proved that it has considerable bite. Created under the Dodd-Frank act to fill gaps in regulatory coverage, the CFPB’s mandate is to enforce federal regulations that, among other things, restrict “unfair deceptive or abusive acts or practices” in consumer finance. The… Read More

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