MilConsumer Blog Feed

The classic 40s movie An Email to Three Wives, the R&B hit Take an Email, Maria, and C.S. Lewis’ The Screwtape Emails. The titles would have been different if they had been written recently. Email is an essential part of most companies’ marketing strategy. If you send commercial email – or have others send it for you – are you complying with the CAN-SPAM Act and the FTC's CAN-SPAM Rule? FTC attorney Christopher Brown answers some of the CAN-SPAM...

Businesses are understandably concerned about the threat that hackers pose to the security of sensitive data on their networks. But a closing letter the FTC staff sent to Morgan Stanley Smith Barney LLC warns of another danger lurking closer to home. The FTC staff investigated the allegation that a Morgan Stanley employee had misappropriated information about the company’s wealth management clients. How did the person do it? By allegedly...

One of the key functions of the Bureau of Competition is to analyze mergers. Obtaining information through Second Requests is an essential aspect of our review process for proposed acquisitions. Even though the FTC and DOJ on average issue a Second Request in less than 5 percent of filed transactions, for the few that do require more extensive review, we have long recognized the burden they impose. The challenge is to find a balance between our...

Every day, the PNO receives many inquiries for interpretations of the Hart-Scott-Rodino statute and rules. Recently, several questions have related to transactions involving rental property, which implicate 16 C.F.R. 802.5, the rule that exempts acquisitions of "investment rental property assets." In responding to these questions, we determined that prior informal interpretations regarding which acquisitions qualified for the § 802.5 exemption...

Record-breaking refund programs are usually cause for celebration. But the FTC’s largest-ever debt collection redress case offers sobering insights into the lengths some companies will go to illegally squeeze the last dime out of people already in financial distress. California-based Asset & Capital Management Group was a third-party debt collector that bought portfolios of past-due credit card debt. Using a labyrinth of intertwined companies...

The ability to appoint a monitor is an important tool in building a successful merger remedy. The boilerplate-style language FTC uses in merger orders when appointing a monitor belies the unique and varied roles that monitors play in assuring that the order maintains or restores competition. Here’s some background and insight into some of the ways the FTC uses monitors. Many FTC merger orders contain complex remedies – something other than a...

Baby boomers are running scared and marketers are in hot pursuit. What strikes such fear? The specter of memory loss and cognitive impairment severe enough to turn you into “a prisoner” in your own home who is “unable to recall who you are, where you live, or to whom you are related.” According to an FTC lawsuit, Brain Research Labs, KeyView Labs, MedHealth Direct, and others deceptively touted the dietary supplement Procera AVH as a solution to...

They say what happens in Vegas stays in Vegas. But here’s one thing that doesn’t belong in Vegas or anywhere else: ads that draw buyers in with eye-catching terms while burying the “gotchas” in fine print. In separate law enforcement actions, the FTC alleged that two Las Vegas dealers – car dealers, that is – didn’t play it straight with consumers. The complaint against Planet Nissan cites instances where the FTC says the company touted deals in...

The online ads offer consumers a “risk-free trial” of skincare products from companies that claim to be accredited by the Better Business Bureau with an A- rating. How could that possibly be deceptive or unfair? Let us count the ways. An FTC lawsuit filed in a California federal court alleges that an interconnected operation of 15 companies and 7 individuals uses trickery to get consumers to turn over their credit or debit card numbers and then...

Everywhere these days, folks are talking about big data. (Apparently, even machines are talking amongst themselves using big data in an ecosystem called the Internet of Things.) Last week, Chairwoman Ramirez spoke about the privacy implications of the big data revolution, and specifically, about the FTC’s law enforcement efforts to protect consumer privacy from the risks associated with the collection and use of consumer data. Recently, I was...