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FTC case against Yelp shows that COPPA isn’t just for kids’ sites

Lesley Fair
This is a post about the Children’s Online Privacy Protection Act (COPPA) Rule. Some readers already have a finger poised over the DELETE button since their business isn’t child-related. But as the FTC’s settlement with Yelp suggests, that would be a mistake. Yelp is an online service where people can read and create reviews about businesses and connect with others online and at local events. Many users post profiles with photos and detailed...

How to avoid common HSR filing mistakes with attachments

Premerger Notification Staff, Bureau of Competition
The PNO handles Hart-Scott-Rodino Premerger Notification Filings for well over a thousand transactions each year. When you submit an HSR Form with all the required information, the PNO can quickly review the filing, and if necessary, forward it to the investigative staff who will focus on determining whether the acquisition presents competitive issues that warrant further review. But when filings contain mistakes, the PNO review process can get...

(En)force to be reckoned with

Lesley Fair
Companies that sign settlements with the FTC need to know that those documents contain consumer protection provisions enforceable in court. That’s the message of a motion for contempt just filed against Bayer Corporation by the Department of Justice and the U.S. Attorney’s Office for the District of New Jersey, with the assistance of the FTC . The action stems from a massive campaign Bayer runs for Phillips’ Colon Health. Packaging, TV...

4 tips businesses can take from the FTC’s $19+ million Google settlement

Lesley Fair
The polar bears and penguins sold within kids’ apps offered in the Google Play Store may have been virtual, but the unauthorized charges Moms and Dads got stuck with were all too real. A proposed FTC settlement will refund at least $19 million to parents whose accounts were charged illegally, according to the complaint, and will implement enforceable changes in how Google handles in-app purchases. Of course, the order applies just to Google, but...

The final chapter in the FTC’s “Your Baby Can Read!” case

Lesley Fair
With a product name like “Your Baby Can Read!” – exclamation point in the original – it didn’t take long for consumers to figure out what the marketers were promising. The company’s massive ad campaign featured 14-month-olds mastering vocabulary flashcards, two-year-olds reading books, and an array of charts, graphs, and studies purporting to show that Your Baby Can Read! was scientifically proven to work. The FTC filed suit in 2012 , citing...

Have a good plan for HSR compliance

Dan Ducore, Bureau of Competition
Our recent civil penalty action involving Berkshire Hathaway’s failure to file the required Hart-Scott-Rodino notification is a reminder to investors to be alert to common filing mistakes. It is also a reminder that every investor—companies and individuals alike—needs to have a program in place to ensure compliance with HSR filing obligations. In a nutshell, Berkshire Hathaway acquired voting securities of USG Corporation in December 2013 through...

David Mamet didn’t write the dialogue in this $40 million court order. It just sounds that way.

Lesley Fair
"A-B-C. Always be closing." "As you all know, first prize is a Cadillac El Dorado. Second prize is a set of steak knives. Third prize is you're fired." "These are the new leads. The Glengarry leads. To you, they're gold. But you don't get them. Why? Because they're for closers." Not much compares to the crackling dialogue of a David Mamet play. But one worthy contender is an order by a federal judge in Atlanta entering a compensatory sanction...

Debt collection double feature

Lesley Fair
The 2011 science fiction movie “The Adjustment Bureau” dealt with a dystopian future (Is there any other kind in sci-fi movies?) where mysterious forces plot against individuals. But for many consumers, Regional Adjustment Bureau, a Memphis-based debt collector, made their day-to-day reality just as dystopic. An FTC lawsuit against the company – and a separate action against Credit Smart, LLC , headquartered in Suffolk County, New York – reminds...

Acc-cen-tuate the negative?

Lesley Fair
Acc-cen-tuate the positive. Eliminate the negative. Latch on to the affirmative. And don't mess with Mr. In-Between. That's how the catchy Bing Crosby-Andrews Sisters number went in the 40s. When it comes to negative options now, the message for marketers is to explain things positively. The FTC has a process in place for reviewing rules and guides. Think of it as regulatory spring cleaning. We consider how times or technology have changed, and...

How to avoid common HSR filing mistakes on affidavits and notice letters

Premerger Notification Staff, Bureau of Competition
The PNO handles Hart-Scott-Rodino Premerger Notification Filings for well over a thousand transactions each year. When you submit an HSR Form with all the required information, the PNO can quickly review the filing, and if necessary, forward it to the investigative staff who will focus on determining whether the acquisition presents competitive issues that warrant further review. But when filings contain mistakes, the PNO review process can get...
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