FTC Actions Posts

Highlights And Takeaways from the October 30th FTC Lead Generation Workshop

Nov 3, 2015

Highlights And Takeaways from the October 30th FTC Lead Generation Workshop

  Exploiting consumers and exploiting consumer data were popular themes in the FTC’s October 30th workshop on lead generation, “Follow the Lead.” The day-long workshop explored the mechanics of lead generation and its role in the online marketplace. With a focus on the lending and education spaces, panelists discussed the many layers of marketing involved…

The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements

Aug 13, 2015

The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements

  Car dealerships are notorious for running loud, flashy ads with too-good-to-be-true offers for outrageous deals to buy or lease cars.  Some dealerships downplay or even hide the seemingly endless list of qualifications on those offers which render many potential buyers ineligible for the deals, much to the irritation of misled consumers.  The FTC has…

Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices

May 26, 2015

Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices

  As children, many of us were taught how important it is to “keep your word.” Similarly, it is black letter privacy law that if a company commits (for instance, in a privacy policy or in website statements) to certain actions or practices, such as maintaining certain security features or implementing consumers’ choices on opt-outs,…

Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC

Apr 2, 2015

Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC

  The FTC’s “Do Not Call” and “robocall” rules do not apply to political survey calls.  So, if Hillary Clinton sought to “voice blast” a survey about international issues, she could do so without violating the Telemarketing Sales Rule (“TSR”).  (Though under FCC rules she would have an issue calling wireless numbers).  However, companies may…

Why the FTC Can Go After Companies For Insufficient Data Security Allegations

Mar 6, 2015

Why the FTC Can Go After Companies For Insufficient Data Security Allegations

  FTC seems more confident than ever in its authority to go after companies with insufficient data security measures. As of January 2015, FTC had settled 53 data-security enforcement actions, and FTC Senior Attorney Lesley Fair expects that number to increase. Not everyone is sanguine about FTC’s enforcement efforts. Companies targeted for administrative action complain…

Celebrity Endorsements, Online Poker and the FTC

Nov 19, 2014

Celebrity Endorsements, Online Poker and the FTC

Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on funding from social games, requirements for exclusivity, and operator server locations. However, the fourth rule is an addition which deals specifically with…

School Scams: FTC Cracks Down on Florida Online Diploma Mills

Oct 3, 2014

School Scams: FTC Cracks Down on Florida Online Diploma Mills

  Online diploma mills, which require little or no coursework to complete a degree have recently garnered much attention within the online education realm.  Websites which offer questionable diplomas for hundreds of dollars target vulnerable consumers seeking a degree to improve their life prospects, while simultaneously casting a shadow over legitimate online educational institutions which…

Federal Trade Commission Checks Out Mobile Shopping Apps

Sep 4, 2014

Federal Trade Commission Checks Out Mobile Shopping Apps

  In August, the Federal Trade Commission (“FTC”) released a staff report concerning mobile shopping applications (“apps”).  FTC staff reviewed some of the most popular apps consumers utilize to comparison shop, collect and redeem deals and discounts, and pay in-store with their mobile devices.  This new report focused on shopping apps offering price comparison, special…

$3.5 Million Cactus Juice Settlement Should be a Warning to Advertisers

Aug 14, 2014

$3.5 Million Cactus Juice Settlement Should be a Warning to Advertisers

In this health-conscious age, consumers are always on the lookout for new products which will improve wellness and quality of life.  Marketers attuned to this trend may be tempted to increase sales by extolling the virtues of their products, even if health claims are unsubstantiated by scientific testing.  A recent FTC case, however, demonstrates the…

Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat

Jun 24, 2014

Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat

Recently, the Maryland Attorney General’s Office announced that it reached a settlement with Snapchat, Inc. over alleged deceptive trade practices in violation of Maryland law and violations of federal laws that are intended to protect children’s online privacy.  This is another reminder that state attorneys general’s offices will continue to be vigilant in addressing consumer…