’60 Minutes’ Show Gets Facts All Wrong in Report on Credit Reporting Agencies
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 MoreNew TCPA Changes Going into Effect Soon – What They Mean
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 MoreFTC ‘Checks’ In With $3.5 Million Consent Order Under Fair Credit Reporting Act
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 MoreGoogle Glass Sounds Exciting — But What About Privacy?
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 MoreFTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action
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 MoreAffiliate Marketers Need to Be Aware of the CFTC
Some affiliate marketers have recently gotten involved in the risky world of online trading. Online trading, particularly the trading of binary options, has become an attractive alternative for some affiliate marketers to traditional forms of online marketing. However, those companies that do get involved in this market must be aware of the presence of the…
Read MoreWyndham Case Challenges FTC’s Authority Over Cybersecurity
Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain more stringent data-security practices. No company has ever challenged the FTC’s authority to regulate cybersecurity in this way in court – until now. On…
Read MoreFTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA
On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the agency is making a concerted effort on a number of fronts to enforce the laws that protect…
Read MoreFTC, Rent-to-Own Stores Settle Charges of Spying on Consumers Via Rented Computers
The Federal Trade Commission recently approved nine final orders that settle charges against seven rent-to-own stores and a software design firm and its principals. The charges stemmed from shocking allegations that the companies spied on consumers using computers that the consumers had rented from them. Among other things, the Commission’s complaint alleged that the computers…
Read MoreWhat’s That Charge on My Mobile Phone Bill? The FTC Wants to Know
“Cramming” – while it sounds like the experience of being in the middle row of a cross-country flight – actually refers to unauthorized charges on phone bills. Residential and business telecommunications customers have experienced cramming on their wireline bills for years, particularly for premium and other pay-per-call services. And the FTC has brought nearly two…
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