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Eviction fiction? $15 million FTC-CFPB settlement with Trans Union and tenant screening subsidiary underscores importance of FCRA’s “maximum possible accuracy” requirement

Lesley Fair
Section 607(b) of the Fair Credit Reporting Act requires consumer reporting agencies to follow reasonable procedures to assure maximum possible accuracy of consumer report information concerning the person in question. “Reasonable procedures to assure maximum possible accuracy” isn’t a wish, a hope, or a lofty aspiration. It’s the law. A proposed $15 million FTC-CFPB settlement with Trans Union and its subsidiary TransUnion Rental Screening Solutions underscores that fundamental legal principle.

FTC proposes junk fee rule to put a stop to bogus and hidden charges

Lesley Fair
Many consumers describe them as annoying, injurious, invisible, and all too common. They could be talking about pernicious pests and in some ways, junk fees – hidden or falsely advertised charges that some companies try to sneak past people in an effort to burrow their way into their wallets – bear a resemblance to their six-legged counterparts. In November 2022, the FTC published an Advance Notice of Proposed Rulemaking asking for your input about unfair or deceptive practices relating to fees. We received 12,000 comments from consumers, businesses, law enforcers, and others. Based on what you told us – as well as experience gained from decades of litigation challenging junk fees – the FTC is considering a proposed Rule on Unfair or Deceptive Fees and we’re asking for your comments again.

Social media: a golden goose for scammers

Emma Fletcher
Scammers are hiding in plain sight on social media platforms and reports to the FTC’s Consumer Sentinel Network point to huge profits. One in four people who reported losing money to fraud since 2021 said it started on social media. [1] Reported losses to scams on social media during the same period hit a staggering $2.7 billion, far higher than any other method of contact. And because the vast majority of frauds are not reported, this figure...

Data Spotlight reveals what’s behind some of those social media ads

Lesley Fair
Sometimes being the “Home of . . .” is an honorific to be proud of. Kudos, Cleveland, for rock ‘n’ roll, and thank you, Buffalo, for your contribution to chicken wings. But the Birthplace of Frauds and Scams isn’t a nickname to be envied. According to an FTC Data Spotlight , reports from consumers suggest that in many instances, that’s becoming a moniker for social media. The Data Spotlight reveals that the most frequently reported losses to...

Consumers Are Voicing Concerns About AI

Simon Fondrie-Teitler and Amritha Jayanti
Over the last several years, artificial intelligence (AI)—a term which can refer to a broad variety of technologies, as a previous FTC blog notes—has attracted an enormous amount of market and media attention. That’s in part because the potential of AI is exciting: there are opportunities for public progress by enhancing human capacity to integrate, analyze, and leverage information. But it’s also, perhaps in larger part, because the introduction...

How an “expect the unexpected” emergency plan can help protect your business

Lesley Fair
Preparing for an emergency used to be an easier task for small businesses. Coastal companies could plan for hurricane season and northern businesses could expect a blizzard or two every winter. But businesses now face a host of other potentially disruptive disasters – wildfires, power outages, public health emergencies, and cyberattacks, to name just a few. Don’t let National Preparedness Month come to a close without updating your company’s plan...

Could PrivacyCon 2024 be the place to present your research on AI, privacy, or surveillance?

Lesley Fair
Consumers, businesses, and policy makers have questions about AI, deepfakes, health privacy, and related issues, and the FTC wants to help facilitate an informed public discussion based on the facts. That’s why we’re hosting our eighth annual PrivacyCon event on March 6, 2024. The first order of business is to seek out by December 6, 2023, the latest empirical research and demonstrations from experts in the field. That may be where you come in.

FTC settlement suggests Lurn didn’t learn from Penalty Offense Notice about money-making claims

Lesley Fair
The people behind online business coaching outfit Lurn promised that consumers could become “Stay-At-Home Millionaires.” But according to the FTC, Lurn, Inc., CEO Anik Singal, Tyrone Cohen, and David Kettner are now Stay-At-Home Defendants in an FTC law enforcement action challenging their deceptive money-making representations. What’s more, the complaint alleges even after receiving FTC Notices of Penalty Offenses concerning Money-Making Opportunities and Endorsements, Lurn and Singal continued to use deceptive advertising claims to bilk consumers out of millions.

Companies warned about consequences of loose use of consumers’ confidential data

Lesley Fair
Who’s privy to some of a person’s most sensitive information? A healthcare provider? A member of the clergy? Their Mom? There’s someone else to add to that list: the company that prepares their taxes. The FTC is using its Penalty Offense Authority to put five tax preparation companies on notice that they could face civil penalties if they misuse consumers’ confidential data. Not in the tax prep business? Not so fast. The Notice of Penalty Offenses Concerning Misuse of Information Collected in Confidential Contexts restates long-standing legal principles every business should keep in mind.

Updated FTC-HHS publication outlines privacy and security laws and rules that impact consumer health data

Lesley Fair
Ever wondered about the intersection of some of the health privacy and security-related laws and rules enforced by the Federal Trade Commission and the Department of Health and Human Services? You’re not alone, which is why FTC and HHS have teamed up to update a joint publication – "Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule" – that helps businesses learn more about their legal obligations.