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FTC Actions Posts
Industry, Members of Congress Take Action on FTC Process
Jan 9, 2014
Industry, Members of Congress Take Action on FTC Process
As the Federal Trade Commission (“FTC”) continues to flex its consumer protection muscles by bringing numerous administrative lawsuits, industry and members of Congress are questioning whether there is a level playing field that allows companies to properly defend themselves against FTC charges. Or, as some say, does the FTC have the “home court advantage” in…
New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers
Jan 8, 2014
New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers
New year, new resolutions. Yesterday, the FTC announced a resolution of its own: to undertake a nationwide enforcement effort to protect consumers against deceptive weight loss claims. Dubbed “Operation Failed Resolution,” the FTC’s latest enforcement effort seeks to protect consumers who face a barrage of “opportunistic marketers” promising quick ways to shed pounds. According to…
Report From FTC Briefing – Blurred Lines: Advertising or Content?
Dec 5, 2013
Report From FTC Briefing – Blurred Lines: Advertising or Content?
The FTC held a workshop on Wednesday to examine the blurring lines of advertisements and content in digital media today. Executives from a myriad of professions gathered to discuss how sponsored content in digital publications takes form and affects the consumer. Native advertising, or sponsored content, is the practice of masking advertising to look like…
FTC Vigilant on Children’s Privacy – Rejects Proposal for Collecting Verifiable Parental Consent Under COPPA
Nov 20, 2013
FTC Vigilant on Children’s Privacy – Rejects Proposal for Collecting Verifiable Parental Consent Under COPPA
On November 12, 2013, the Federal Trade Commission (“FTC”), in a 4-0 vote, denied AssertID’s application for approval of a proposed verifiable parental consent (“VPC”) method under the Children’s Online Privacy Protection Rule (“COPPA”). Under the FTC’s COPPA rule, covered online websites and services must obtain “verifiable parental consent” (“VPC”) before collecting personal information from…
CFPB Shows It’s a Tough New Cop on the Beat With Case Against Payment Processor
Oct 7, 2013
CFPB Shows It’s a Tough New Cop on the Beat With Case Against Payment Processor
On October 3, 2013, the Consumer Financial Protection Bureau announced it had filed a complaint in federal district court in Washington state against a leading debt-settlement payment processor, Meracord LLC, and its CEO. The CFPB contends that Meracord helped third parties collect millions of dollars in illegal upfront fees from consumers. The complaint alleged violations…
How to Break the Federal Debt-Collection Law — By Texting
Oct 4, 2013
How to Break the Federal Debt-Collection Law — By Texting
It’s quite clear that the Federal Trade Commission and the Federal Communications Commission view existing federal consumer protection and communications statutes as fully applicable to new modes of communication such as texting. One excellent recent example is the FTC’s stipulated settlement, including a payment of $1 million, with a debt collection agency that had sent…
FTC Takes First Enforcement Action on ‘Internet of Things’
Sep 29, 2013
FTC Takes First Enforcement Action on ‘Internet of Things’
A company that markets video cameras that are designed to allow consumers to monitor their homes remotely has agreed to settle charges with the FTC that it failed to properly protect consumers’ privacy. This marks the FTC’s first enforcement action against a marketer of a product with connectivity to the Internet and other mobile devices,…
’60 Minutes’ Show Gets Facts All Wrong in Report on Credit Reporting Agencies
Aug 27, 2013
’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…
FTC ‘Checks’ In With $3.5 Million Consent Order Under Fair Credit Reporting Act
Aug 16, 2013
FTC ‘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…
FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action
Jun 30, 2013
FTC 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…
